II

106TH CONGRESS

1ST SESSION S. 1954

To establish a compensation program for employees of the Department of

Energy, its contractors, subcontractors, and beryllium vendors, who sustained beryllium-related illness due to the performance of their duty;

to establish a compensation program for certain workers at the Paducah,

Kentucky, gaseous diffusion plant; to establish a pilot program for examining the possible relationship between workplace exposure to radiation

and hazardous materials and illnesses or health conditions; and for other

purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 17, 1999

Mr. BINGAMAN (for himself, Mr. THOMPSON, and Mr. KENNEDY) introduced

the following bill; which was read twice and referred to the Committee

on Health, Education, Labor, and Pensions

A BILL

To establish a compensation program for employees of the

Department of Energy, its contractors, subcontractors,

and beryllium vendors, who sustained beryllium-related

illness due to the performance of their duty; to establish

a compensation program for certain workers at the Paducah, Kentucky, gaseous diffusion plant; to establish a

pilot program for examining the possible relationship between workplace exposure to radiation and hazardous

materials and illnesses or health conditions; and for other

purposes.
2

S 1954 IS

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Energy Employees’

5 Compensation Act’’.

6 TITLE I—ENERGY EMPLOYEES’

7 BERYLLIUM COMPENSATION

8 ACT

9 SEC. 101. SHORT TITLE.

10 This title may be cited as the ‘‘Energy Employees’

11 Beryllium Compensation Act’’.

12 SEC. 102. FINDINGS.

13 The Congress finds that—

14 (1) employees of the Department of Energy and

15 its predecessor agencies and employees of its con16 tractors and vendors have been and currently may

17 be exposed to harmful substances, including dust

18 particles or vapor of beryllium, while performing du19 ties uniquely related to the Department of Energy’s

20 nuclear weapons production program;

21 (2) while linking exposure to occupational haz22 ards with the development of occupational disease is

23 sometimes difficult, scientific evidence supports the

24 conclusion that occupational exposure to dust par25 ticles or vapor of beryllium uniquely related to the
3

S 1954 IS

1 Department of Energy’s nuclear weapons production

2 program can cause beryllium sensitivity and chronic

3 beryllium disease;

4 (3) existing information indicates that state

5 workers’ compensation programs have failed to pro6 vide efficient, uniform, and adequate compensation

7 to remedy the concerns addressed by this title;

8 (4) the civilian men and women who performed

9 duties uniquely related to the Department of Ener10 gy’s nuclear weapons production program over the

11 last 50 years should have efficient, uniform, and

12 adequate compensation for beryllium-related health

13 conditions for which sufficient scientific proof exists

14 of causal connection to occupational exposure;

15 (5) this situation is sufficiently unique to the

16 Department of Energy’s nuclear weapons production

17 program that it is appropriate for Congressional ac18 tion; and

19 (6) this action is not intended to have any prec20 edential effect beyond this program.

21 SEC. 103. DEFINITIONS.

22 For the purpose of this title—

23 (1) ‘‘beryllium vendor’’ means:

24 (A) Atomics International;

25 (B) Brush Wellman, Inc.;
4

S 1954 IS

1 (C) General Atomics;

2 (D) General Electric Company;

3 (E) NGK Metals Corporation and its pred4 ecessors; Kawecki-Berylco, Cabot Corporation,

5 BerylCo, and Beryllium Corporation of Amer6 ica;

7 (F) Nuclear Materials and Equipment Cor8 poration;

9 (G) StarMet Corporation, and its prede10 cessor, Nuclear Metals, Inc.;

11 (H) Wyman Gordan, Inc.; or

12 (I) any other vendor, processor, or pro13 ducer of beryllium or related products des14 ignated as a beryllium vendor for the purposes

15 of this title in regulations issued by the Sec16 retary pursuant to section 104 of this title;

17 (2) ‘‘compensation’’ means the money allowance

18 payable under this title and any other benefits paid

19 for from the Energy Employees’ Beryllium Com20 pensation Fund including the retroactive compensa21 tion payable pursuant to section 111 of this title;

22 (3) ‘‘covered employee’’ means—

23 (A) an employee of any contractor that

24 contracted with the Department of Energy to

25 provide management and operation, manage-
5

S 1954 IS

1 ment and integration, or environmental remedi2 ation of a Department of Energy facility or an

3 employee of any subcontractor that provided

4 services, including construction, at such a facil5 ity;

6 (B) an employee of a beryllium vendor dur7 ing a period of time when that entity was en8 gaged in activities related to beryllium that was

9 produced or processed for sale to, or use by, the

10 Department of Energy; or

11 (C) an individual defined as an employee

12 in section 8101(l) of title 5, United States

13 Code, who may have been exposed to beryllium

14 at a Department of Energy facility or at a facil15 ity owned, operated, or occupied by a beryllium

16 vendor;

17 (4) ‘‘covered illness’’ means any of the following

18 conditions:

19 (A) Beryllium Sensitivity, established by

20 an abnormal beryllium lymphocyte proliferation

21 test performed on either blood or lung lavage

22 cells;

23 (B) Chronic Beryllium Disease, established

24 by—
6

S 1954 IS

1 (i) beryllium sensitivity, as defined in

2 subparagraph (A), and

3 (ii) lung pathology consistent with

4 Chronic Beryllium Disease, such as—

5 (I) a lung biopsy showing

6 granulomas or a lymphocytic process

7 consistent with Chronic Beryllium

8 Disease,

9 (II) a computerized axial tomog10 raphy scan showing changes con11 sistent with Chronic Beryllium Dis12 ease, or

13 (III) pulmonary function or exer14 cise testing showing pulmonary defi15 cits consistent with Chronic Beryllium

16 Disease; or

17 (C) any injury or illness sustained as a

18 consequence of a covered illness as defined in

19 subparagraph (A) or (B) of this paragraph;

20 (5) ‘‘Department of Energy’’ includes the pred21 ecessor agencies of the Department of Energy;

22 (6) ‘‘Department of Energy facility’’ means any

23 building, structure, or premises, including the

24 grounds upon which they are located, in which oper25 ations are conducted by, or on behalf of, the Depart-
7

S 1954 IS

1 ment of Energy and with regard to which the De2 partment of Energy has a proprietary interest or

3 has entered into a contract with an entity to provide

4 management and operation, management and inte5 gration, or environmental remediation;

6 (7) ‘‘monthly pay’’ means the monthly pay at

7 the time of injury, or the monthly pay at the time

8 disability begins, or the monthly pay at the time

9 compensable disability recurs, if the recurrence be10 gins more than 6 months after the covered employee

11 resumes regular full-time employment, whichever is

12 greater, except when otherwise determined under

13 section 8113 of title 5, United States Code;

14 (8) ‘‘Secretary’’ means the Secretary of Energy;

15 (9) ‘‘time of injury’’ means the last date on

16 which a covered employee was exposed to beryllium

17 in the performance of duty as specified in section

18 106 of this title; and

19 (10) the following terms have the meaning

20 given those terms in section 8101 of title 5, United

21 States Code:

22 (A) ‘‘physician’’;

23 (B) ‘‘medical, surgical, and hospital serv24 ices and supplies’’;

25 (C) ‘‘widow’’;
8

S 1954 IS

1 (D) ‘‘parent’’;

2 (E) ‘‘brother’’ and ‘‘sister’’;

3 (F) ‘‘child’’;

4 (G) ‘‘grandchild’’;

5 (H) ‘‘widower’’;

6 (I) ‘‘student’’;

7 (J) ‘‘price index’’;

8 (K) ‘‘organ’’; and

9 (L) ‘‘United States medical officers and

10 hospitals’’.

11 SEC. 104. REGULATORY AUTHORITY TO REVISE DEFINI12 TIONS.

13 (a) Additional vendors, processors, or producers of

14 beryllium or related products may be designated as beryl15 lium vendors for the purposes of this title in regulations

16 issued by the Secretary, upon finding that such entities

17 have been engaged in activities related to beryllium that

18 was produced or processed for sale to, or use by, the De19 partment of Energy in a manner similar to the entities

20 listed in section 103(1) of this title.

21 (b) Additional criteria by which a claimant may es22 tablish the existence of a covered illness, as defined in sec23 tion 103(4) (A) or (B), may be specified in regulations

24 issued by the Secretary, after consultation with the agency

25 that contracts to administer this title.
9

S 1954 IS

1 SEC. 105. ADMINISTRATION.

2 (a) The Secretary shall administer this title and may

3 enter into an agreement with another agency of the United

4 States to utilize its services and facilities for the adminis5 tration of this title, and to compensate them for such use.

6 An agency of the United States may enter into a reimburs7 able agreement with the Secretary for the administration

8 of this title. The Secretary may delegate to any officer

9 or employee, or to any agency of the United States, all

10 powers and duties necessary for carrying out the purposes

11 of this title.

12 (b) To assist and facilitate administration of this

13 title, the Secretary shall—

14 (1) ensure the ready availability, in paper or

15 electronic format or in both formats, of forms nec16 essary for making claims and providing information

17 under this title, and

18 (2) provide assistance to employees in connec19 tion with this title.

20 (c) Upon a notification that a claimant has made a

21 claim for benefits under this title, the Secretary shall pro22 vide information concerning the claim to the officers or

23 employees with delegated responsibility for administering

24 this title.

25 (d) The Secretary may require a beryllium vendor to

26 provide information concerning a claim filed under this
10

S 1954 IS

1 title to the officers or employees with delegated responsi2 bility for administering this title.

3 SEC. 106. EXPOSURE TO BERYLLIUM IN THE PERFORM4 ANCE OF DUTY.

5 (a) In the absence of substantial evidence to the con6 trary, a covered employee, as defined in section 103(3) (A)

7 or (C) of this title, shall be determined to have been ex8 posed to beryllium in the performance of duty for the pur9 poses of this title if, and only if, the covered employee was

10 employed at a Department of Energy facility, or was

11 present at the facility or at a facility owned or operated

12 by a beryllium vendor, because of employment by the

13 United States or a contractor or subcontractor of the De14 partment of Energy, for any period of time, during a time

15 period when beryllium dust particles or vapor may have

16 been present at that facility.

17 (b) In order to be determined to have been exposed

18 to beryllium in the performance of duty for the purposes

19 of this title, a covered employee, as defined by section

20 103(3)(B) of this title, must establish by substantial evi21 dence that he or she may have been exposed to dust par22 ticles or vapor of beryllium that was produced or processed

23 for sale to, or use by, the Department of Energy.
11

S 1954 IS

1 SEC. 107. COMPENSATION FOR DISABILITY OR DEATH,

2 MEDICAL SERVICES, AND VOCATIONAL REHA3 BILITATION.

4 (a) Except as otherwise provided in this title, in ac5 cordance with the provisions of the following sections, and

6 subject to the availability of funds in the Energy Employ7 ees’ Compensation Fund, the United States is authorized

8 to—

9 (1) pay the compensation specified in sections

10 8105–8110, 8111(a), 8112–13, 8115, 8117, 8133–

11 8135, and 8146a (a) and (b) of title 5, United

12 States Code, for the disability or death from a cov13 ered illness, of a covered employee who was exposed

14 to beryllium while in the performance of duty as de15 termined in accordance with section 106 of this title;

16 (2) furnish the services and other benefits spec17 ified in section 8103 of title 5, United States Code,

18 to a covered employee who sustains a covered illness

19 as a result of exposure to beryllium while in the per20 formance of duty as determined in accordance with

21 section 106 of this title; and

22 (3) direct a permanently disabled individual

23 whose disability is compensable under this title to

24 undergo vocational rehabilitation and shall provide

25 for furnishing vocational rehabilitation services pur-
12

S 1954 IS

1 suant to the provisions of sections 8104 and 8111(b)

2 of title 5, United States Code

3 unless the covered illness or death was caused by one of

4 the circumstances set forth in subsections (a)(1)–(3) of

5 section 8102 of title 5, United States Code.

6 (b) All compensation under this title shall be paid

7 from the Energy Employees’ Beryllium Compensation

8 Fund and shall be limited to the amounts available in the

9 Fund.

10 (c) No payment of compensation may be made under

11 this title for any period prior to the effective date of this

12 title, except for the retroactive compensation specified in

13 section 111 of this title.

14 SEC. 108. COMPUTATION OF PAY.

15 (a) Except as otherwise provided by this title or by

16 regulation, computation of pay under this title shall be de17 termined in accordance with section 8114 of title 5,

18 United States Code.

19 (b) If either of the methods of determining the aver20 age annual earnings specified in section 8114(d) (1) and

21 (2) of title 5, United States Code, cannot be applied rea22 sonably and fairly, the average annual earnings are a sum

23 that reasonably represents the annual earning capacity of

24 the covered employee in the employment in which the em25 ployee was working at the time of injury having regard
13

S 1954 IS

1 to the previous earnings of the employee in similar employ2 ment, and of other employees of the same employer in the

3 same or most similar class working in the same or most

4 similar employment in the same or neighboring location,

5 other previous employment of the employee, or other rel6 evant factors. However, the average annual earnings may

7 not be less than 150 times the average daily wage the cov8 ered employee earned in the employment during the days

9 employed within 1 year immediately preceding the time

10 of injury.

11 SEC. 109. LIMITATIONS ON RECEIVING COMPENSATION.

12 (a) While a covered employee as defined in section

13 103(3)(C) is receiving compensation under this title, or

14 if the covered employee has been paid a lump sum in com15 mutation of installment payments until the expiration of

16 the period during which the installment payments would

17 have continued, the covered employee may not receive sal18 ary, pay, or remuneration of any type from the United

19 States, except—

20 (1) in return for service actually performed;

21 (2) pension for service in the Army, Navy, or

22 Air Force;

23 (3) other benefits administered by the Depart24 ment of Veterans Affairs unless such benefits are
14

S 1954 IS

1 payable for the same covered illness or the same

2 death; and

3 (4) retired pay, retirement pay, retainer pay, or

4 equivalent pay for service in the Armed Forces or

5 other uniformed service.

6 However, eligibility for or receipt of benefits under sub7 chapter III of chapter 83 of title 5, United States Code,

8 or another retirement system for employees of the Govern9 ment, does not impair the right of the employee to com10 pensation for scheduled disabilities specified by section

11 8107 of title 5, United States Code.

12 (b) An individual eligible to receive benefits under

13 this title because of a covered illness, or because of the

14 death of a covered employee as defined in section

15 103(3)(C), who also is entitled to receive from the United

16 States under a provision of statute other than this title

17 payments or benefits for that covered illness or death (ex18 cept proceeds of an insurance policy), because of service

19 by the covered employee (or in the case of death, by the

20 deceased) as an employee or in the armed forces, shall

21 elect which benefits to receive. The individual shall make

22 the election within the time allowed by the Secretary. The

23 election when made is irrevocable, except as otherwise pro24 vided by statute.
15

S 1954 IS

1 (c) While a covered employee is receiving compensa2 tion under this title, or if the covered employee has been

3 paid a lump sum in commutation of installment payments

4 until the expiration of the period during which the install5 ment payments would have continued, the covered em6 ployee may not receive payment of any benefits under any

7 other Federal workers’ compensation system for the same

8 covered illness or the same death. Such an individual shall

9 elect which benefits to receive. The individual shall make

10 the election within the time allowed by the Secretary. The

11 election when made is irrevocable.

12 (d) An individual eligible to receive benefits under

13 this title because of a covered illness or death of a covered

14 employee who is also entitled to receive benefits because

15 of the covered illness or death of the covered employee

16 from a state workers’ compensation system shall elect

17 which benefits to receive, unless:

18 (1) at the time of injury workers’ compensation

19 coverage for the covered employee was secured by a

20 policy or contract of insurance; and

21 (2) the Secretary waives the requirement to

22 make such an election.

23 (e) An individual required to make the election speci24 fied in subsection (d) of this section shall make the elec-
16

S 1954 IS

1 tion within the time allowed by the Secretary. The election

2 when made is irrevocable.

3 (f) A widow or widower who is eligible for benefits

4 under this title derived from more than one husband or

5 wife shall elect one benefit to be utilized.

6 SEC. 110. COORDINATION OF BENEFITS.

7 (a) A claimant, except as specified in subsection (b)

8 of this section, awarded benefits under this title as a result

9 of a covered illness or death of a covered employee who

10 has received benefits because of the covered illness or

11 death from any other state or federal workers’ compensa12 tion system and who has elected benefits under this title

13 pursuant to section 109 (c) or (d) of this title shall receive

14 compensation as specified in this title for the covered ill15 ness or death, reduced by the amount of any workers’

16 compensation benefits, that the claimant has received or

17 will receive on account of the covered illness or death

18 under any state or federal workers’ compensation system,

19 after deducting the reasonable costs, as determined by the

20 Secretary, of obtaining such benefits.

21 (b) A claimant awarded benefits under this title as

22 a result of a covered illness or death of a covered employee

23 who has received benefits from a state workers’ compensa24 tion system because of the covered illness or death and

25 who has received a waiver, pursuant to section 109(d)(2)
17

S 1954 IS

1 of this title, of the requirement to elect between benefits

2 under this title and benefits under a state workers’ com3 pensation system shall receive compensation as specified

4 in this title for the covered illness or death, reduced by

5 eighty percent of the net amount of any workers’ com6 pensation benefits that the claimant has received or will

7 receive on account of the covered illness or death under

8 a state workers’ compensation system, after deducting the

9 reasonable costs, as determined by the Secretary, of ob10 taining such benefits.

11 SEC. 111. RETROACTIVE COMPENSATION.

12 (a) A covered employee, who was exposed to beryllium

13 in the performance of duty, as determined in accordance

14 with section 106 of this title, and who, in addition—

15 (1) was diagnosed, prior to October 1, 1999, as

16 having a beryllium-related pulmonary condition,

17 whether or not based upon the criteria necessary to

18 establish the existence of a covered illness under sec19 tion 103(4) of this title, that was determined, either

20 contemporaneously or at any time later, to be con21 sistent with Chronic Beryllium Disease, as defined

22 in section 103(4)(B); and

23 (2) demonstrates the existence of a beryllium24 related pulmonary condition, and its diagnosis, by

25 medical documentation created during the covered
18

S 1954 IS

1 employee’s lifetime or at the time of death or au2 topsy,

3 may elect to receive retroactive compensation in the

4 amount of $100,000, in lieu of any other compensation

5 to which the covered employee or the employee’s survivors

6 might otherwise be awarded under this title.

7 (b) If a covered employee who would have been eligi8 ble to make the election provided by this section dies be9 fore the effective date of this title, or before making the

10 election, whether or not the death is the result of a beryl11 lium-related condition, the employee’s survivor or sur12 vivors may make the election to receive retroactive com13 pensation in the amount of $100,000 in lieu of any other

14 compensation that either the covered employee or the em15 ployee’s survivors might otherwise have been awarded

16 under this title. The right to make an election pursuant

17 to this section shall be afforded to survivors in the order

18 of precedence set forth in section 8109 of title 5, United

19 States Code.

20 (c) The election to receive retroactive compensation

21 in lieu of other compensation under this statute shall be

22 made within 30 days after the date of a decision deter23 mining an award of compensation for total disability or

24 partial disability under this title or the date that the Sec25 retary informs the employee or the employee’s survivor of
19

S 1954 IS

1 the decision to make such an election, whichever is later,

2 unless the time is extended. The election when made by

3 a covered employee or survivor is irrevocable and binding

4 on all survivors.

5 (d) When a covered employee, or the employee’s sur6 vivor, has made an election to receive retroactive com7 pensation pursuant to this section, no other payment of

8 compensation under this title may be made on account of

9 the same or any other covered illness or beryllium-related

10 pulmonary condition of that employee.

11 (e) A determination that a covered employee or a sur12 vivor of a covered employee has established a beryllium13 related pulmonary condition, pursuant to subsection (a)

14 of this section, does not constitute a determination that

15 the covered employee, or a survivor of the covered em16 ployee, has established the existence of a covered illness.

17 (f) The retroactive compensation payable under this

18 section shall not be subject to the cost-of-living adjustment

19 set forth in section 8146a(a) of title 5, United States

20 Code.

21 SEC. 112. EXCLUSIVITY OF REMEDY AGAINST THE UNITED

22 STATES, CONTRACTORS, AND SUBCONTRAC23 TORS.

24 (a) The liability of the United States or an instru25 mentality of the United States under this title with respect
20

S 1954 IS

1 to a covered illness, beryllium-related pulmonary condi2 tion, or death of a covered employee is exclusive and in3 stead of all other liability—

4 (1) of—

5 (A) the United States;

6 (B) the instrumentality;

7 (C) a contractor that contracted with the

8 Department of Energy to provide management

9 and operation, management and integration, or

10 environmental remediation of a Department of

11 Energy facility;

12 (D) a subcontractor that provided services,

13 including construction, at a Department of En14 ergy facility; and

15 (E) an employee, agent, or assign of an en16 tity specified in subparagrpahs (A)–(D)—

17 (2) to—

18 (A) the covered employee;

19 (B) the covered employee’s legal represent20 ative, spouse, dependents, survivors, and next of

21 kin, and

22 (C) any other person, including any third

23 party as to whom a covered employee has a

24 cause of action relating to the covered illness or

25 death, otherwise entitled to recover damages
21

S 1954 IS

1 from the United States, the instrumentality, the

2 contractor, the subcontractor, or the employee,

3 agent, or assign of one of them,

4 because of the covered illness, beryllium-related pulmonary

5 condition, or death in any proceeding or action including

6 a direct judicial proceeding, a civil action, a proceeding

7 in admiralty, or a proceeding under a tort liability statute

8 or the common law.

9 (b) This section applies to all cases in which a final

10 judgment that is not subject to any further judicial review

11 has not been entered on or before the date of enactment

12 of this title.

13 (c) This section does not apply to an administrative

14 or judicial proceeding under a state or federal workers’

15 compensation statute subject to sections 109 and 110 of

16 this title.

17 SEC. 113. ELECTION OF REMEDY AGAINST BERYLLIUM VEN18 DORS.

19 (a) If an individual elects to accept payment under

20 this title with respect to a covered illness, beryllium-re21 lated pulmonary condition, or death of a covered employee,

22 that acceptance of payment shall be in full settlement of

23 all claims—

24 (1) against—

25 (A) a beryllium vendor, and
22

S 1954 IS

1 (B) an employee, agent, or assign of a be2 ryllium vendor;

3 (2) by—

4 (A) that individual;

5 (B) that individual’s legal representative,

6 spouse, dependents, survivors, and next of kin;

7 and

8 (C) any other person, including any third

9 party as to whom a covered employee has a

10 cause of action relating to the covered illness or

11 death, otherwise entitled to recover damages

12 from the beryllium vendor or the employee,

13 agent, or assign of the beryllium vendor,

14 that arise out of the covered illness, beryllium-related pul15 monary condition, or death in any proceeding or action

16 including a direct judicial proceeding, a civil action, a pro17 ceeding in admiralty, or proceeding under a tort liability

18 statute or the common law.

19 (b) This section does not apply to an administrative

20 or judicial proceeding under a state or federal workers’

21 compensation statute subject to sections 109 and 110 of

22 this title.
23

S 1954 IS

1 SEC. 114. CLAIM.

2 A claim for compensation under this title shall be

3 made in the manner specified in section 8121 of title 5,

4 United States Code.

5 SEC. 115. TIME LIMITATION ON FILING A CLAIM.

6 (a) A claim for compensation under this title must

7 be filed within the later of—

8 (1) seven years after the effective date of this

9 title, or

10 (2) seven years after the date the claimant first

11 becomes aware of—

12 (A) a diagnosis of a covered illness or a be13 ryllium-related pulmonary condition, and

14 (B) the causal connection of that illness or

15 condition to exposure to beryllium in the per16 formance of duty as a covered employee.

17 (b) A new limitations period commences with each

18 later diagnosis of a covered illness or beryllium-related

19 pulmonary condition different from that previously diag20 nosed.

21 SEC. 116. REVIEW OF AWARD.

22 The action of the Secretary, or his or her designee,

23 including an agency that provides services in the adminis24 tration of this title pursuant to an agreement, in allowing

25 or denying a payment under this title is—
24

S 1954 IS

1 (1) final and conclusive for all purposes and

2 with respect to all questions of law and fact, and

3 (2) not subject to review by another official of

4 the United States or by a court by mandamus or

5 otherwise.

6 SEC. 117. ASSIGNMENT OF CLAIM.

7 An assignment of a claim for compensation under

8 this title is void. Compensation and claims for compensa9 tion are exempt from claims of creditors.

10 SEC. 118. ADJUDICATION.

11 (a) A claimant may obtain reconsideration of a deci12 sion awarding or denying coverage under this title after

13 the promulgation by the Secretary, pursuant to section

14 104 of this title, of new criteria for establishing coverage

15 of a covered illness by submitting evidence that is relevant

16 and pertinent to the new criteria.

17 (b) Except to the extent specified in this title, the

18 adjudication of issues under this title shall be conducted

19 in accordance with the provisions of sections 8123–8127,

20 8128(a), and 8129 of title 5, United States Code.

21 SEC. 119. SUBROGATION OF THE UNITED STATES.

22 (a) If a covered illness, death, or beryllium-related

23 pulmonary condition for which compensation is payable

24 under this title is caused under circumstances creating a

25 legal liability in a person other than the United States
25

S 1954 IS

1 to pay damages, sections 8131 and 8132 of title 5, United

2 States Code, shall apply, except to the extent specified in

3 this statute.

4 (b) For purposes of this section, references in sec5 tions 8131 and 8132 of title 5, United States Code, to

6 the Employees’ Compensation Fund shall mean the En7 ergy Employees’ Beryllium Compensation Fund.

8 (c) For the purposes of this title, the provision in sec9 tion 8131 of title 5, United States Code, that provides

10 that an employee required to appear as a party or witness

11 in the prosecution of an action described in that section

12 is in an active duty status while so engaged shall only

13 apply to a covered employee, as defined in section

14 103(3)(C) of this title.

15 SEC. 120. ENERGY EMPLOYEES’ BERYLLIUM COMPENSA16 TION FUND.

17 (a) To carry out this title, there is hereby created

18 in the Treasury of the United States the Energy Employ19 ees’ Beryllium Compensation Fund which shall consist

20 of—

21 (1) sums that are appropriated for it,

22 (2) amounts that are transferred to it from

23 other Department of Energy accounts pursuant to

24 section 125(a), and
26

S 1954 IS

1 (3) amounts that would otherwise accrue to it

2 under this title.

3 (b) Amounts in the Energy Employees’ Beryllium

4 Compensation Fund are authorized to be used for the pay5 ment of compensation and other benefits and expenses au6 thorized by this title and for payment of all expenses in7 curred in administering this title. Such funds are author8 ized to be appropriated to remain available until expended.

9 (c)(1) Within 45 days of the end of every quarter of

10 every fiscal year, the Secretary shall determine the total

11 costs of benefits, administrative expenses, and other pay12 ments made from the Energy Employees’ Beryllium Com13 pensation Fund during the quarter just ended; the end14 of-quarter balance in the Fund; and the amount antici15 pated to be needed during the immediately succeeding two

16 quarters for the payment of benefits and administrative

17 expenses under this title.

18 (2) Each cost determination made in the last quarter

19 of the fiscal year under paragraph (1) shall show, in addi20 tion, the total costs of benefits and expenses and other

21 payments from the Fund during the preceding twelve22 month expense period and an estimate of the expenditures

23 from the Energy Employees’ Beryllium Compensation

24 Fund for the payment of benefits and expenses and other
27

S 1954 IS

1 payments for each of the immediately succeeding two fis2 cal years.

3 SEC. 121. FORFEITURE OF BENEFITS BY CONVICTED FEL4 ONS.

5 (a) Any individual convicted of a violation of section

6 1920 of title 18, or any other federal or state criminal

7 statute relating to fraud in the application for or receipt

8 of any benefit under this title or under any other federal

9 or state workers’ compensation Act, shall forfeit (as of the

10 date of such conviction) any benefit such individual would

11 otherwise be awarded to under this title for any covered

12 illness for which the time of injury was on or before the

13 date of such conviction. Such forfeiture shall be in addi14 tion to any action the Secretary may take pursuant to the

15 provisions of sections 8106 or 8129 of title 5, United

16 States Code.

17 (b)(1) Notwithstanding any other provision of law

18 (except as provided under paragraph (3)), no benefits

19 under this title shall be paid or provided to any individual

20 during any period during which such individual is confined

21 in a jail, prison, or other penal institution or correctional

22 facility, pursuant to that individual’s conviction of an of23 fense that constituted a felony under applicable law.
28

S 1954 IS

1 (2) Such an individual shall not receive the benefits

2 forfeited during the period of incarceration under para3 graph (1), after the period of incarceration ends.

4 (3) If an individual has one or more dependents as

5 defined under section 8110(a) of title 5, United States

6 Code, the Secretary may, during the period of incarcer7 ation, pay to these dependents a percentage of the benefits

8 that would have been payable to such individual computed

9 according to the percentages set forth in section 8133(a)

10 (1) through (5) of title 5, United States Code.

11 (c) Notwithstanding the provision of section 552a of

12 title 5, United States Code, or any other provision of Fed13 eral or State law, any agency of the United States Govern14 ment or of any State (or political subdivision thereof) shall

15 make available to the Secretary, upon written request, the

16 names and Social Security account numbers of individuals

17 who are confined in a jail, prison, or other penal institu18 tion or correctional facility under the jurisdiction of that

19 agency, pursuant to the individuals’ conviction of an of20 fense that constituted a felony under applicable law, which

21 the Secretary may require to carry out the provisions of

22 this section.
29

S 1954 IS

1 SEC. 122. REGULATIONS—BERYLLIUM COMPENSATION AP2 PEALS PANEL.

3 The Secretary may prescribe regulations necessary

4 for the administration and enforcement of this title includ5 ing regulations for the conduct of hearings under this title.

6 The regulations shall provide for a Beryllium Compensa7 tion Appeals Panel of three individuals with authority to

8 hear and, subject to applicable law and the regulations of

9 the Secretary, make final decisions on appeals taken from

10 determinations and awards with respect to claims of cov11 ered employees. Members of the Panel may be appointed

12 by another agency of the United States to provide these

13 appellate decision-making services pursuant to agreement

14 with the Secretary.

15 SEC. 123. CIVIL SERVICE RETENTION RIGHTS.

16 In the event that a covered employee, as defined in

17 section 103(3)(C) of this title, resumes employment with

18 the Federal Government, the individual shall be entitled

19 to the rights set forth in section 8151 of title 5, United

20 States Code.

21 SEC. 124. ANNUAL REPORT.

22 The Secretary shall, at the end of each fiscal year,

23 prepare a report with respect to the administration of this

24 title.
30

S 1954 IS

1 SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

2 (a) There is hereby authorized to be appropriated to

3 the Department of Energy for deposit into the Energy

4 Employees’ Beryllium Compensation Fund such sums as

5 are necessary to carry out the purposes of this Act. In

6 addition, the Department is authorized, to the extent pro7 vided in advance in appropriations Acts, to transfer

8 amounts to the Fund from other Department of Energy

9 appropriations accounts, to be merged with amounts in the

10 Fund and available for the same purposes.

11 (b) In any fiscal year, the Secretary shall limit the

12 amount of the compensation and benefits payments to an

13 amount not in excess of the sum of the appropriations to

14 the Fund and amounts made available by transfer to the

15 Fund. Notwithstanding any other provision of this Act,

16 if in any fiscal year the Secretary finds that estimates of

17 amounts contained in reports pursuant to section

18 120(c)(1) for the payment of compensation, other benefits,

19 and administrative activities authorized by this Act will

20 exceed the amounts in the Fund, the Secretary is required

21 to reduce compensation and benefits payments to the ex22 tent necessary to make up any amounts by which benefits

23 and other costs authorized by this Act exceed the amount

24 in the Fund calculated on a fiscal year basis.

25 (c) The Secretary shall promulgate regulations to im26 plement this section within 180 days of enactment.
31

S 1954 IS

1 SEC. 126. CONSTRUCTION.

2 References in this title to a provision of another stat3 ute shall be considered references to such provision, as

4 amended and as may be amended from time to time.

5 SEC. 127. CONFORMING AMENDMENTS.

6 (a) Section 1920 of title 18 is amended by inserting

7 in the title ‘‘or Energy employee’s’’ after ‘‘Federal employ8 ee’s’’ and by inserting ‘‘or the Energy Employees’ Beryl9 lium Compensation Act’’ after ‘‘title 5’’.

10 (b) Section 1921 of title 18 is amended by inserting

11 in the title ‘‘or Energy employees’ ’’ after ‘‘Federal em12 ployees’ ’’ and by inserting ‘‘or the Energy Employees’ Be13 ryllium Compensation Act’’ after ‘‘title 5’’.

14 (c) Section 1922 of title 18 is amended by—

15 (1) inserting in the title ‘‘or Energy employ16 ees’ ’’ after ‘‘Federal employees’ ’’;

17 (2) inserting ‘‘(a)’’ before ‘‘Whoever,’’;

18 (3) striking ‘‘, neglects,’’ after ‘‘willfully fails’’;

19 and

20 (4) inserting a new subsection as follows:

21 ‘‘(b) Whoever is charged with the responsibility for

22 providing information pursuant to sections 105(c) and

23 105(d) of the Energy Employees’ Beryllium Compensation

24 Act and who willfully fails or refuses to provide this infor25 mation, or knowingly provides false information, or in26 duces, compels, or directs an injured employee to forego
32

S 1954 IS

1 filing of any claim for compensation or other benefits pro2 vided under the Energy Employees’ Beryllium Compensa3 tion Act or any extension or applicant thereof, or willfully

4 retains any notice, report, claim, or paper which is re5 quired to be filed under that Act or any extension or appli6 cation thereof, or regulations prescribed thereunder, shall

7 be fined under this title or imprisoned not more than one

8 year, or both.’’.

9 SEC. 128. EFFECTIVE DATE.

10 This title is effective upon enactment, and applies to

11 all claims, civil actions, and proceedings pending on, or

12 filed on or after, the date of enactment of this title.

13 TITLE II—ENERGY EMPLOYEES

14 PILOT PROJECT ACT

15 SEC. 201. SHORT TITLE.

16 This title may be cited as the ‘‘Energy Employees

17 Pilot Project Act.’’

18 SEC. 202. PILOT PROJECT.

19 The Secretary of Energy shall conduct a pilot pro20 gram to examine the possible relationship between work21 place exposures to radiation, hazardous materials, or both,

22 and occupational illness or other adverse health conditions.

23 SEC. 203. PHYSICIANS PANEL.

24 Under section 202, a panel of physicians who spe25 cialize in diseases and health conditions related to occupa-
33

S 1954 IS

1 tional exposure to radiation, hazardous materials, or both

2 selected by the contractor that managed the Department

3 of Energy’s East Tennessee Technology Park (referred to

4 in this title as the ‘‘facility’’) shall prepare a report con5 cerning medical examinations of not more than 55 current

6 and former employees of the facility. The report shall ad7 dress whether each of these employees may have sustained

8 any illness or other adverse health condition as a result

9 of their employment at the facility.

10 SEC. 204. SECRETARY OF ENERGY FINDING.

11 The contractor shall provide the report of the panel

12 completed under section 203 to the Secretary of Energy.

13 The Secretary of Energy shall make a finding as to wheth14 er an employee covered by the report sustained an illness

15 or other adverse health condition as a result of exposure

16 to radiation, hazardous materials, or both as part of em17 ployment at the facility.

18 SEC. 205. AWARD.

19 If the Secretary of Energy makes a positive finding

20 under section 204 regarding an employee, the Secretary

21 may make an award to the employee of $100,000. If the

22 employee is eligible for an award under the Energy Em23 ployees’ Beryllium Compensation Act, the employee may

24 elect to receive payment under this title in place of com25 pensation under that Act.
34

S 1954 IS

1 SEC. 206. ELECTION.

2 The election to receive an award under section 205

3 of this title, in lieu of compensation under the Energy Em4 ployees’ Beryllium Compensation Act, shall be made with5 in 30 days after the date of a decision by the Secretary

6 of Energy determining to award compensation for total

7 disability or partial disability under the Energy Employ8 ees’ Beryllium Compensation Act or the date that the Sec9 retary of Energy informs the employee of the decision to

10 make such an election, whichever is later, unless the time

11 is extended by the Secretary of Energy. This election when

12 made is irrevocable and binding on all survivors.

13 SEC. 207. SURVIVOR’S ELECTION.

14 If an employee who would have been eligible to make

15 the election provided by this section dies before making

16 this election, a survivor of the employee may make the

17 election to receive an award pursuant to section 206 of

18 this title, in lieu of any compensation to which either the

19 employee or the employee’s survivor might otherwise have

20 been awarded under the Energy Employees’ Beryllium

21 Compensation Act. The right to make an election pursu22 ant to this section shall be afforded to survivors in the

23 order of precedence set forth in section 8109 of title 5,

24 United States Code, as amended, and as may be amended

25 from time to time.
35

S 1954 IS

1 SEC. 208. STATUS OF AWARD.

2 The award specified in section 205 of this title shall

3 not be considered income for purposes of the Internal Rev4 enue Code.

5 SEC. 209. PAYMENT IN FULL SETTLEMENT OF CLAIMS

6 AGAINST THE UNITED STATES, CONTRAC7 TORS, AND SUBCONTRACTORS.

8 (a) If an individual elects to accept payment under

9 this title, that acceptance of payment shall be in full settle10 ment of all claims—

11 (1) against—

12 (A) the United States;

13 (B) the Department of Energy;

14 (C) a contractor that contracted with the

15 Department of Energy to provide management

16 and operation, management and integration, or

17 environmental remediation at the facility;

18 (D) a subcontractor that provided services,

19 including construction, at the facility; and

20 (E) an employee, agent, or assign of an en21 tity or individual specified in subparagraphs

22 (A)–(D);

23 (2) by—

24 (A) that individual;
36

S 1954 IS

1 (B) that individual’s legal representative,

2 spouse, dependents, survivors, the next of kin;

3 and

4 (C) any other person, including any third

5 party as to whom a covered employee has a

6 cause of action relating to the covered illness or

7 death, otherwise entitled to recover damages

8 from an entity or individual specified in sub9 section (1),

10 that arise out of the condition for which the payment was

11 made, in any proceeding or action including a direct judi12 cial proceeding, a civil action, a proceeding in admiralty,

13 or an administrative or judicial proceeding under a tort

14 liability statute, the common law, or another federal work15 ers’ compensation statute.

16 (b) This section does not apply to an administrative

17 or judicial proceeding under a state workers’ compensation

18 statute.

19 (c) A claimant who is awarded benefits under this

20 title for an illness or other adverse health condition and

21 who has received any payment made under a final award

22 or judgment or settlement on a claim, including a claim

23 under any state or other federal workers’ compensation

24 system, because of the same illness or adverse health con25 dition, shall receive compensation as specified in this title
37

S 1954 IS

1 for the illness or adverse health condition, reduced by the

2 amount of any such payment, excluding payments for

3 medical expenses under a workers’ compensation system.

4 SEC. 210. SUBROGATION.

5 Upon making an award under this title, the United

6 States is subrogated for the amount of the award to a

7 right or claim that the employee to whom the award was

8 made may have against any person on account of the same

9 illness or adverse health condition that was the cause of

10 the award.

11 SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated such sums

13 as are necessary to carry out this title and these funds

14 shall remain available until expended. Authority under this

15 title to make payments is effective in any fiscal year only

16 to the extent, or in the amounts, provided in advance in

17 an appropriations Act.

18 TITLE III—PADUCAH EMPLOY19 EES EXPOSURE COMPENSA20 TION ACT

21 SEC. 301. SHORT TITLE.

22 This title may be cited as the ‘‘Paducah Employees’

23 Exposure Compensation Act’’.

24 SEC. 302. DEFINITIONS.

25 For purposes of this title—
38

S 1954 IS

1 (1) ‘‘Department of Energy’’ includes the pred2 ecessor agencies of the Department of Energy;

3 (2) ‘‘Paducah employee’’ means an individual

4 employed at the Paducah, Kentucky, gaseous diffu5 sion plant by—

6 (A) the Department of Energy, or

7 (B) an entity that contracted with the De8 partment of Energy to provide management

9 and operations, management and integration, or

10 environmental remediation at the plant; and

11 (3) ‘‘specified disease’’ means—

12 (A) leukemia (other than chronic

13 lymphocytic leukemia), provided that the initial

14 exposure occurred after the age of 20 and the

15 onset of the disease was between two and 30

16 years after the first exposure; and

17 (B) the following diseases, provided onset

18 was at least five years after first exposure:

19 (i) multiple myeloma,

20 (ii) lymphomas (other than Hodgkin’s

21 disease), and

22 (iii) primary cancer of the bone, lung

23 (provided not a heavy smoker), thyroid

24 (provided initial exposure occurred by the

25 age of 20), male or female breast (provided
39

S 1954 IS

1 initial exposure occurred prior to age 40),

2 esophagus (provided low alcohol consump3 tion and not a heavy smoker), stomach

4 (provided initial exposure occurred before

5 age 30), pharynx (provided not a heavy

6 smoker), small intestine, pancreas (pro7 vided not a heavy smoker), bile ducts, gall

8 bladder, or liver (except if cirrhosis or hep9 atitis B is indicated).

10 SEC. 303. PADUCAH EMPLOYEES’ EXPOSURE COMPENSA11 TION FUND.

12 (a) ESTABLISHMENT.—There is established in the

13 Treasury of the United States the Paducah Employees’

14 Exposure Compensation Fund (referred to in this title as

15 the ‘‘Fund’’).

16 (b) PURPOSE.—The amounts in the Fund are avail17 able only for disbursement by the Attorney General under

18 section 305.

19 (c) TERMINATION.—The Fund shall terminate 22

20 years after the date of enactment of this title. If all of

21 the amounts in the Fund have not been expended by the

22 end of that 22-year period, amounts remaining in the

23 Fund shall be deposited in the miscellaneous receipts ac24 count in the Treasury.
40

S 1954 IS

1 (d) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to the Fund such sums

3 as may be necessary to carry out the purposes of this title.

4 Amounts appropriated to the Fund remain available until

5 expended or until deposited in the Treasury under sub6 section (d).

7 (e) AUTHORITY.—Authority under this title to enter

8 into contracts or to make payments is effective in any fis9 cal year only to the extent, or in the amounts, provided

10 in advance in an appropriations Act.

11 SEC. 304. ELIGIBLE EMPLOYEES.

12 A Paducah employee who—

13 (1) was employed at the Paducah, Kentucky,

14 gaseous diffusion plant for at least one year during

15 the period beginning on January 1, 1953, and end16 ing on February 1, 1992;

17 (2) during that period—

18 (A) was monitored through the use of do19 simetry badges for exposure at the plant of the

20 external parts of the employee’s body to radi21 ation from gamma rays, or

22 (B) worked in a job that, as determined by

23 regulation, led to exposure to radioactive con24 taminants, including plutonium contaminants;

25 and
41

S 1954 IS

1 (3) submits written medical documentation as

2 to having contracted a specified disease after begin3 ning employment under paragraph (1) and after be4 ginning being monitored or beginning work at a job

5 as specified under paragraph (2),

6 is authorized to receive $100,000, if the claim for payment

7 is filed with the Attorney General by or on behalf of the

8 Paducah employee and the Attorney General determines,

9 in accordance with section 305, that the claim meets the

10 requirements of this title.

11 SEC. 305. DETERMINATION AND PAYMENT OF CLAIMS.

12 (a) FILING PROCEDURES.—The Attorney General

13 shall establish procedures under which an individual may

14 submit a claim for payment under this title.

15 (b) DETERMINATION.—

16 (1) In accordance with this subsection, the At17 torney General determines whether each claim filed

18 under this title meets the requirements of this title.

19 (2) The Attorney General shall—

20 (A) in consultation with the Surgeon Gen21 eral, establish guidelines for determining what

22 constitutes written medical documentation,

23 under section 304(3), that an individual con24 tracted a specified disease; and
42

S 1954 IS

1 (B) in consultation with the Secretary of

2 Energy, establish guidelines for making deter3 minations of employment under section 304(1)

4 and exposure under section 304(2).

5 (3) The Attorney General may consult with the

6 Surgeon General and the Secretary of Energy in

7 making determinations of eligibility for compensa8 tion.

9 (c) PAYMENT.—

10 (1) The Attorney General is authorized to pay,

11 from amounts available in the Fund, claims filed

12 under this title that the Attorney General deter13 mines meet the requirements of this title.

14 (2) Upon payment of a claim under this sec15 tion, the United States is subrogated for the amount

16 of the payment to a right or claim that the indi17 vidual to whom the payment was made may have

18 against any person on account of a specified disease

19 contracted following employment and exposure as set

20 out in section 304.

21 (3)(A) In the case of a Paducah employee who

22 is deceased at the time of payment under this sec23 tion, the payment may be made only as follows:

24 (i) If the Paducah employee is survived by

25 a spouse who is living at the time of payment,
43

S 1954 IS

1 the payment shall be made to the surviving

2 spouse.

3 (ii) If there is no spouse living at the time

4 of payment, the payment shall be made in equal

5 shares to all children of the Paducah employee

6 who are living at the time of payment.

7 (iii) If there are no spouse or children liv8 ing at the time of payment, the payment shall

9 be made in equal shares to the parents of the

10 Paducah employee who are living at the time of

11 payment.

12 (iv) If there are no spouse, children, or

13 parents living at the time of payment, the pay14 ment shall be made in equal shares to all

15 grandchildren of the Paducah employee who are

16 living at the time of payment.

17 (v) If there are no spouse, children, par18 ents or grandchildren living at the time of pay19 ment, the payment shall be made in equal

20 shares to the grandparents of the Paducah em21 ployee who are living at the time of payment.

22 (B) If a Paducah employee eligible for payment

23 under this title dies before filing a claim under this

24 title, a survivor of that employee who may receive
44

S 1954 IS

1 payment under subparagraph (A) may file a claim

2 for payment under this title.

3 (C) For purposes of this paragraph—

4 (i) the ‘‘spouse’’ of a Paducah employee is

5 a wife or husband of that employee who was

6 married to that employee for a least one year

7 immediately before the death of that employee;

8 (ii) a ‘‘child’’ includes a natural child, a

9 stepchild in a regular parent-child relationship,

10 and an adopted child;

11 (iii) a ‘‘parent’’ includes fathers and moth12 ers through adoption;

13 (iv) a ‘‘grandchild’’ of a Paducah employee

14 is a child of a child of that employee; and

15 (v) a ‘‘grandparent’’ of a Paducah em16 ployee is a parent of a parent of that employee.

17 (d) ACTION ON CLAIM—

18 (1) The Attorney General shall complete the de19 termination on each claim filed in accordance with

20 the procedures established under subsection (a) not

21 later than twelve months after the claim is so filed.

22 (2) The Attorney General may request from a

23 claimant, or from an individual or entity on behalf

24 of a claimant, additional information or documenta25 tion necessary to complete the determination on the
45

S 1954 IS

1 claim in accordance with the procedures established

2 under subsection (b). The period of time from the

3 Attorney General’s request for additional informa4 tion or documentation until the time the information

5 or documentation is provided, or the requested party

6 informs the Attorney General the information or

7 documentation cannot or will not be provided, is not

8 counted toward the twelve month time-limit estab9 lished under this subsection.

10 (e) PAYMENT IN FULL SETTLEMENT OF CLAIMS

11 AGAINST THE UNITED STATES, CONTRACTORS, AND SUB12 CONTRACTORS.—(1) If an individual elects to accept pay13 ment under this title, that acceptance of payment shall

14 be in full settlement of all claims—

15 (A) against—

16 (i) the United States;

17 (ii) the Department of Energy;

18 (iii) a contractor that contracted with the

19 Department of Energy to provide management

20 and operation, management and integration, or

21 environmental remediation at the Paducah facil22 ity;

23 (iv) a subcontractor that provided services,

24 including construction, at the Paducah facility;

25 and
46

S 1954 IS

1 (v) an employee, agent, or assign of an en2 tity or individual specified in clauses (i)–(iv);

3 (B) by—

4 (i) that individual;

5 (ii) that individual’s legal representative,

6 spouse, dependents, survivors, and next of kin;

7 and

8 (iii) any other person, including any third

9 party as to whom a covered employee has a

10 cause of action relating to the covered illness or

11 death, otherwise entitled to recover damages

12 from an entity or individual specified in sub13 paragraph (A),

14 that arise out of the illness for which the payment was

15 made, in any proceeding or action including a direct judi16 cial proceeding, a civil action, a proceeding in admiralty,

17 or an administrative or judicial proceeding under a tort

18 statute, the common law, or another Federal workers’

19 compensation statute.

20 (2) This section shall not apply to an administrative

21 or judicial proceeding under a state workers’ compensation

22 statute.

23 (3) A claimant who is awarded benefits under this

24 title for a specified illness and who has received any pay25 ment made under a final award or judgment or settlement
47

S 1954 IS

1 on a claim, including a claim under any state or other

2 Federal workers’ compensation system, because of the

3 same specified illness shall receive compensation as speci4 fied in this title for the specified illness, reduced by the

5 amount of any such payment, excluding payments for

6 medical expenses under a workers’ compensation system.

7 (4) An individual may receive no more than one pay8 ment under this title. An individual may not receive com9 pensation under this title and under the Radiation Expo10 sure Compensation Act (42 U.S.C. 2210 note), or under

11 the Radiation-Exposed Veterans Compensation Act (38

12 U.S.C. 112(c)).

13 (f) COSTS OF ADMINISTERING THE ADJUDICA14 TIONS.—

15 (1) Costs incurred by the Attorney General in

16 carrying out this section shall not be paid from the

17 Fund or set off against, or otherwise deducted from,

18 a payment under this section to an individual.

19 (2) The Department of Energy shall reimburse

20 the Department of Justice for the costs incurred by

21 the Department of Justice in connection with estab22 lishing and administering the program established

23 by this title until the duties of the Attorney General

24 terminate under subsection (g).
48

S 1954 IS

1 (g) TERMINATION OF ATTORNEY GENERAL DU2 TIES.—The duties of the Attorney General under this sec3 tion cease when the Fund terminates.

4 (h) PAYMENTS UNDER OTHER LAWS.—An amount

5 paid to an individual under this section—

6 (1) shall not be subject to federal income tax

7 under the internal revenue laws of the United

8 States;

9 (2) shall not be included as income or resources

10 for purposes of determining eligibility to receive ben11 efits described in section 3803(c)(2)(C) of title 31,

12 United States Code or the amount of those benefits;

13 and

14 (3) shall not be subject to offset under section

15 3701 et seq. of title 31, United States Code.

16 (i) REGULATORY AUTHORITY.—The Attorney Gen17 eral may issue regulations to carry out this title.

18 (j) ISSUANCE OF REGULATIONS, GUIDELINES, AND

19 PROCEDURES.—Regulations, guidelines, and procedures

20 to carry out this title shall be issued not later than 270

21 days after the date of enactment of this title.

22 (k) ADMINISTRATIVE APPEALS PROCEDURE AND JU23 DICIAL REVIEW.—

24 (1) A decision denying a claim under this title

25 may be appealed to an Appeals Officer designated by
49

S 1954 IS

1 the Attorney General. Before seeking judicial review

2 of a decision denying a claim under this title, an in3 dividual first must seek review by the designated Ap4 peals Officer.

5 (2) If the designated Appeals Officer affirms

6 the decision denying a claim, the individual whose

7 denial of claim was affirmed on appeal may seek ju8 dicial review in a district court of the United States.

9 The court shall review the denial of claim based sole10 ly on the administrative record and shall set aside

11 the denial only if it is arbitrary, capricious, an abuse

12 of discretion, or otherwise not in accordance with

13 law.

14 SEC. 306. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.

15 CLAIMS.—A claim cognizable under this title is not

16 assignable or transferable.

17 SEC. 307. LIMITATIONS ON CLAIMS.

18 A claim to which this title applies is barred unless

19 the claim is filed within 20 years after the date of the

20 enactment of this title.

21 SEC. 308. ATTORNEY FEES.

22 Notwithstanding any contract, the representative of

23 an individual may not receive, of services rendered in con24 nection with the claim of an individual under this title,

25 more than 10 per centum of a payment made under this
50

S 1954 IS

1 title on the claim. A representative who violates this sec2 tion shall be fined not more than $5,000.

3 SEC. 309. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF

4 DAMAGES.

5 A payment made under this title shall not be consid6 ered as any form of compensation or reimbursement for

7 a loss for purposes of imposing liability on the individual

8 receiving the payment, on the basis of this receipt, to

9 repay any insurance carrier for insurance payments. A

10 payment under this title does not affect any claim against

11 an insurance carrier with respect to insurance.

Æ