II

106TH CONGRESS

2D SESSION S. 2519

To authorize compensation and other benefits for employees of the Department of Energy, its contractors, subcontractors, and certain vendors

who sustain illness or death related to exposure to beryllium, ionizing

radiation, silica, or hazardous substances in the performance of their

duties, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 9, 2000

Mr. VOINOVICH (for himself, Mr. REID, Mr. DEWINE, Mr. KENNEDY, Mr.

BRYAN, Mr. MCCONNELL, Mr. HARKIN, Mr. THOMPSON, Mr. FRIST, and

Mr. BUNNING) introduced the following bill; which was read twice and

referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To authorize compensation and other benefits for employees

of the Department of Energy, its contractors, subcontractors, and certain vendors who sustain illness or

death related to exposure to beryllium, ionizing radiation,

silica, or hazardous substances in the performance of

their duties, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Energy Employees Occupational Illness Compensation

4 Act of 2000’’.

5 (b) TABLE OF CONTENTS.—The table of contents for

6 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I—COMPENSATION AND BENEFITS FOR ILLNESSES

RELATED TO BERYLLIUM EXPOSURE

Sec. 101. Definitions.

Sec. 102. Authority to provide compensation and benefits and certain additional

assistance.

Sec. 103. Alternative compensation and benefits.

Sec. 104. Exposure to beryllium in the performance of duty.

Sec. 105. Authority to expand list of beryllium vendors and means of establishing covered illnesses.

Sec. 106. Submittal of claims.

Sec. 107. Allowance or denial of claims by the Secretary of Labor.

Sec. 108. Review by administrative law judges of actions on claims by the Secretary of Labor.

Sec. 109. Review of administrative law judge decisions by Benefits Review

Board and United States courts of appeals.

Sec. 110. Reconsideration of claims.

Sec. 111. Administrative matters relating to decisions on claims.

Sec. 112. Representation of claimants.

Sec. 113. Computation of pay for purposes of payment of compensation.

Sec. 114. Treatment of compensation and benefits.

Sec. 115. Effect of receipt of compensation and benefits on right to receive certain other benefits.

Sec. 116. Satisfaction of claims against the United States and beryllium vendors.

Sec. 117. Assignment of claims.

Sec. 118. Forfeiture of compensation and benefits by convicted felons.

Sec. 119. Civil service retention rights.

Sec. 120. Subrogation of the United States.

Sec. 121. Memorandum of understanding.

Sec. 122. Other administrative provisions.

Sec. 123. Energy Employees’ Beryllium Compensation Fund.

Sec. 124. Regulations.

Sec. 125. Annual report.

Sec. 126. Authorization of appropriations for costs of administration.

TITLE II—COMPENSATION AND BENEFITS FOR ILLNESSES RELATED TO EXPOSURE TO IONIZING RADIATION, SILICA, AND

HAZARDOUS SUBSTANCES
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Sec. 201. Definitions.

Subtitle A—Cancer and Related Illnesses

Sec. 211. Authority to provide compensation and benefits and certain additional

assistance.

Sec. 212. Alternative compensation and benefits.

Sec. 213. Exposure to ionizing radiation, silica, and other hazardous substances

in the performance of duty.

Sec. 214. Authority to specify additional illnesses associated with exposure to

radiation and hazardous substances.

Sec. 215. Submittal of claims.

Sec. 216. Allowance or denial of claims by the Secretary of Labor.

Sec. 217. Review by administrative law judges of actions on claims by the Secretary of Labor.

Sec. 218. Review of administrative law judge decisions by Benefits Review

Board and United States courts of appeals.

Sec. 219. Reconsideration of claims.

Sec. 220. Administrative matters relating to decisions on claims.

Sec. 221. Representation of claimants.

Sec. 222. Computation of pay for purposes of payment of compensation.

Sec. 223. Treatment of compensation and benefits.

Sec. 224. Effect of receipt of compensation and benefits on right to receive certain other benefits.

Sec. 225. Satisfaction of claims against the United States, Department of Energy contractors, and Department of Energy uranium vendors.

Sec. 226. Assignment of claims.

Sec. 227. Forfeiture of compensation and benefits by convicted felons.

Sec. 228. Civil service retention rights.

Sec. 229. Subrogation of the United States.

Sec. 230. Other administrative provisions.

Subtitle B—Other Illnesses

Sec. 241. Compensation and benefits for other illnesses.

Sec. 242. Procedures relating to certain determinations of eligibility for compensation and benefits.

Sec. 243. Presumed occupational diseases.

Subtitle C—General Provisions

Sec. 251. Memorandum of understanding.

Sec. 252. Regulations.

Sec. 253. Nuclear Employees’ Radiation Compensation Fund.

Sec. 254. Annual report.

Sec. 255. Authorization of appropriations for costs of administration.

1 SEC. 2. FINDINGS.

2 Congress makes the following findings:

3 (1) Since World War II, Federal nuclear activi4 ties have been explicitly recognized by the United

5 States Government as an ultra-hazardous activity
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1 under Federal law. Nuclear weapons production in2 volves unique dangers, including potential cata3 strophic nuclear accidents that private insurance

4 carriers will not cover, as well as chronic exposures

5 to radioactive and hazardous substances, such as be6 ryllium, that could medical harm even in small

7 amounts.

8 (2) Since the inception of the nuclear weapons

9 production program and for several decades after10 wards, large numbers of nuclear weapons workers at

11 Department of Energy and atomic weapons sites

12 were put at risk without their knowledge and con13 sent for reasons that, documents reveal, were driven

14 by fears of adverse publicity, liability, and employee

15 demands for hazardous duty pay.

16 (3) Numerous previously secret records docu17 ment the continuing unmonitored exposure of em18 ployees to radiation, beryllium, heavy metals, and

19 toxic substances at Department of Energy sites

20 across the country.

21 (4) Since World War II, the Department of En22 ergy and its predecessors have been self-regulating

23 with respect to nuclear safety, and occupational safe24 ty and health. No other Federal agency has been af-
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1 forded such sweeping powers of self-regulation with

2 respect to hazardous activities.

3 (5) The Department of Energy policy to litigate

4 occupational illness claims regardless of merit has

5 deterred workers from filing workers compensation

6 claims and imposed major financial burdens on

7 workers who sought compensation. Department of

8 Energy contractors have been held harmless, even

9 for acts of negligence, while Department of Energy

10 workers have been denied workers compensation cov11 erage for occupational disease. The policy to avoid

12 legal liabilities at all costs has been in place for dec13 ades.

14 (6) Over the past 20 years more than 24 sci15 entific findings have emerged that indicate that De16 partment of Energy workers are experiencing in17 creased risks of death from cancer and nonmalig18 nant diseases at numerous facilities that provided

19 for the United States nuclear deterrent. Several of

20 these studies also establish a correlation between

21 such increased risk of disease and exposure to radi22 ation and beryllium.

23 (7) Existing information indicates that State

24 workers’ compensation programs do not provide on

25 a uniform basis adequate compensation for the types
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1 of occupational illnesses and diseases related to nu2 clear weapons production.

3 (8) The civilian employees who performed du4 ties uniquely related to the Department of Energy’s

5 nuclear weapons production program over the last

6 50 years should have efficient, uniform, and ade7 quate compensation for beryllium-related health con8 ditions and radiation-related health conditions in

9 order to assure fairness and equity.

10 TITLE I—COMPENSATION AND

11 BENEFITS FOR ILLNESSES

12 RELATED TO BERYLLIUM EX13 POSURE

14 SEC. 101. DEFINITIONS.

15 (a) IN GENERAL.—In this title:

16 (1) DEPARTMENT OF ENERGY.—The term ‘‘De17 partment of Energy’’ includes any predecessor agen18 cy of the Department of Energy.

19 (2) DEPARTMENT OF ENERGY FACILITY.—

20 (A) IN GENERAL.—The term ‘‘Department

21 of Energy facility’’ means any building, struc22 ture, or premise, including the grounds upon

23 which such building, structure, or premise is lo24 cated, in which operations are conducted by, or

25 on behalf of, the Department of Energy and
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1 with regard to which the Department of Energy

2 has a proprietary interest or has entered into a

3 contract to provide management and operation,

4 management and integration, or environmental

5 remediation services.

6 (B) EXCLUSION.—The term shall not in7 clude any naval reactor facility covered under

8 Executive Order No. 12344.

9 (3) BERYLLIUM VENDOR.—The term ‘‘beryl10 lium vendor’’ means any of the following corpora11 tions:

12 (A) Atomics International.

13 (B) Brush Wellman, Incorporated, and its

14 predecessor, Brush Beryllium Company.

15 (C) General Atomics.

16 (D) General Electric Company.

17 (E) NGK Metals Corporation and its pred18 ecessors, Kawecki-Berylco, Cabot Corporation,

19 BerylCo, and Beryllium Corporation of Amer20 ica.

21 (F) Nuclear Materials and Equipment Cor22 poration.

23 (G) StarMet Corporation, and its prede24 cessor, Nuclear Metals, Incorporated.

25 (H) Wyman Gordon, Incorporated.
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1 (I) Any other vendor, processor, or pro2 ducer of beryllium or related products des3 ignated by the Secretary of Labor as a beryl4 lium vendor under section 105(a).

5 (4) COVERED EMPLOYEE.—The term ‘‘covered

6 employee’’ means the following:

7 (A) A current or former employee of any

8 entity that contracted or subcontracted with the

9 Department of Energy to provide management

10 and operations, management and integration,

11 production, testing, research, development, envi12 ronmental remediation, waste management,

13 construction, uranium enrichment, or other

14 services at a Department of Energy facility, or

15 any entity that supplied uranium conversion or

16 manufacturing services to, for, or on behalf of

17 the Department of Energy, including any entity

18 specified in section 201(a)(3)(B).

19 (B) A current or former employee of a be20 ryllium vendor during a period when the vendor

21 entity was engaged in activities relating to the

22 production or processing of beryllium for sale

23 to, or use by, the Department of Energy.

24 (C) A current or former employee (as that

25 term is defined in section 8101(1) of title 5,
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1 United States Code) who is or was employed at

2 a Department of Energy facility or at a facility

3 owned, operated, or occupied by a beryllium

4 vendor.

5 (5) COVERED ILLNESS.—The term ‘‘covered ill6 ness’’ means any of the following conditions:

7 (A) Beryllium sensitivity as established

8 by—

9 (i) for diagnoses on or after January

10 1, 1993, an abnormal beryllium lym11 phocyte proliferation test performed on ei12 ther blood or lung lavage cells;

13 (ii) for diagnoses before January 1,

14 1993, the presence of the criteria set forth

15 in subclause (I) and any three of the cri16 teria set forth in subclauses (II) through

17 (VI):

18 (I) Occupational or environ19 mental history, or epidemiologic evi20 dence of beryllium exposure.

21 (II) Characteristic chest radio22 graphic (or computed tomography

23 (CT)) abnormalities.
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1 (III) Restrictive or obstructive

2 lung physiology testing or diffusing

3 lung capacity defect.

4 (IV) Lung pathology consistent

5 with chronic beryllium disease.

6 (V) Clinical course consistent

7 with chronic respiratory disorder.

8 (VI) Immunologic tests showing

9 beryllium sensitivity (skin patch test

10 or beryllium blood test preferred); or

11 (iii) other means specified under sec12 tion 105(b).

13 (B) Chronic beryllium disease as

14 established—

15 (i) by—

16 (I) beryllium sensitivity, as estab17 lished in accordance with subpara18 graph (A); and

19 (II) lung pathology consisting

20 with chronic beryllium disease,

21 including—

22 (aa) a lung biopsy showing

23 granulomas or a lymphocytic

24 process consistent with chronic

25 beryllium disease;
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1 (bb) a computerized axial to2 mography scan showing changes

3 consistent with chronic beryllium

4 disease; or

5 (cc) pulmonary function or

6 exercise testing showing pul7 monary deficits consistent with

8 chronic beryllium disease; or

9 (ii) by other means specified under

10 section 105(b).

11 (C) Any injury, illness, impairment, or dis12 ability sustained as a consequence of a covered

13 illness referred to in subparagraph (A) or (B).

14 (6) SURVIVOR.—The term ‘‘survivor’’, in the

15 case of a covered employee, means any individual

16 who stands in relation to the covered employee as an

17 individual referred to clause (i), (ii), or (iii) of para18 graph (3)(D) of section 8109(a) of title 5, United

19 States Code, stands in relation to an individual

20 under that section.

21 (7) TIME OF INJURY.—The term ‘‘time of in22 jury’’, in the case of a covered employee, means the

23 last date on which the covered employee was exposed

24 to beryllium in the performance of duty.
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1 (b) TERMS USED IN ADMINISTRATION.—Except as

2 otherwise provided in this title, in any case where a provi3 sion of this title provides for the application of a provision

4 of title 5, United States Code, the terms in section 8101

5 of title 5, United States Code, shall apply in the applica6 tion of such provision of title 5, United States Code, under

7 this title.

8 SEC. 102. AUTHORITY TO PROVIDE COMPENSATION AND

9 BENEFITS AND CERTAIN ADDITIONAL ASSIST10 ANCE.

11 (a) COMPENSATION AND BENEFITS ON ALLOWANCE

12 OF CLAIM.—Subject to the provisions of this title, the Sec13 retary of Labor shall, upon the allowance of a claim for

14 disability or death under this title—

15 (1) pay compensation for the disability or death

16 in accordance with sections 8105 through 8110,

17 8111(a), 8112, 8113(a), 8115, 8117, 8133 through

18 8135, and 8146a of title 5, United States Code;

19 (2) reimburse the claimant for any costs in20 curred by the claimant (other than costs previously

21 paid for or reimbursed under subsection (d)(3)) for

22 medical testing and diagnostic services necessary to

23 establish the existence of the covered illness con24 cerned;
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1 (3) reimburse the claimant for any additional

2 reasonable medical expenses incurred by the claim3 ant in establishing the claim;

4 (4) in the case of a covered employee, furnish

5 the services and other benefits specified in section

6 8103 of title 5, United States Code; and

7 (5) in the case of a permanently disabled cov8 ered employee—

9 (A) inform the covered employee of the

10 availability of vocational rehabilitation services

11 under sections 8104 and 8111(b) of title 5,

12 United States Code; and

13 (B) furnish such services to the covered

14 employee in accordance with such sections.

15 (b) LIMITATIONS ON COMPENSATION AND BENE16 FITS.—(1) No compensation or benefits may be paid or

17 provided under subsection (a) for a covered illness or

18 death if the covered illness or death occurred under one

19 of the circumstances set forth in paragraph (1), (2), or

20 (3) of section 8102(a) of title 5, United States Code.

21 (2) No compensation may be paid under this title for

22 any period before the date of the enactment of this Act,

23 except in the case of compensation under section 103.
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1 (c) ASSISTANCE FOR CLAIMANTS.—The Secretary of

2 Labor shall, upon the submittal of a claim under this title

3 for compensation and benefits under subsection (a)—

4 (1) provide assistance to the claimant in con5 nection with the claim, including—

6 (A) assistance in securing medical testing

7 and diagnostic services necessary to establish

8 the existence of a covered illness; and

9 (B) such other assistance as may be re10 quired to develop facts pertinent to the claim;

11 and

12 (2) provide such information to the authority

13 with responsibility for the allowance of claims under

14 section 107, or for review thereof under sections 108

15 and 109, as such authority may request for purposes

16 of determining eligibility for or amount of compensa17 tion or benefits under the claim, or verifying other

18 information with respect thereto.

19 (d) ASSISTANCE FOR POTENTIAL CLAIMANTS.—The

20 Secretary of Labor and the Secretary of Energy shall each

21 take appropriate actions to inform and assist covered em22 ployees who are potential claimants under this title, and

23 other potential claimants under this title, of the avail24 ability of compensation and benefits under this title, in25 cluding actions to—
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1 (1) ensure the ready availability, in paper and

2 electronic format, of forms necessary for making

3 claims;

4 (2) provide such covered employees and other

5 potential claimants with information and other sup6 port necessary for making claims, including—

7 (A) medical protocols for medical testing

8 and diagnosis to establish the existence of a

9 covered illness; and

10 (B) lists of vendors approved for providing

11 laboratory services related to such medical test12 ing and diagnosis;

13 (3) pay or reimburse such covered employees

14 and other potential claimants for the costs of med15 ical testing and diagnostic services necessary to es16 tablish the existence of a covered illness, including

17 use of payment vouchers for that purpose; and

18 (4) provide such additional assistance to such

19 covered employees and other potential claimants as

20 may be required for the development of facts perti21 nent to a claim.

22 (e) INFORMATION FROM BERYLLIUM VENDORS AND

23 OTHER CONTRACTORS.—As part of the assistance pro24 vided under subsections (c) and (d), the Secretary of En25 ergy shall, upon request of the Secretary of Labor, require
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1 a beryllium vendor or other Department of Energy con2 tractor or subcontractor to provide information relevant

3 to a claim or potential claim under this title to the Sec4 retary of Labor.

5 SEC. 103. ALTERNATIVE COMPENSATION AND BENEFITS.

6 (a) ELECTION OF COVERED EMPLOYEES.—(1) Sub7 ject to the provisions of this section, a covered employee

8 described in paragraph (2) may elect to receive compensa9 tion in the amount of $200,000, as adjusted from time

10 to time pursuant to section 8146a(a) of title 5, United

11 States Code, together with medical services and benefits

12 specified in section 8103(a) of title 5, United States Code,

13 in lieu of any other compensation and benefits which the

14 covered employee might otherwise be allowed under this

15 title.

16 (2) A covered employee described in this paragraph

17 is any covered employee who—

18 (A) was exposed to beryllium in the perform19 ance of duty; and

20 (B) was diagnosed as having—

21 (i) a covered illness; or

22 (ii) a beryllium-related pulmonary condi23 tion, whether or not based upon the criteria

24 necessary to establish the existence of a covered

25 illness under this title, that was determined, ei-
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1 ther contemporaneously or at any later time, to

2 be consistent with chronic beryllium disease.

3 (b) ELECTION OF SURVIVORS.—(1) Subject to the

4 provisions of this section, if a covered employee otherwise

5 eligible to make an election authorized by subsection (a)

6 dies before the date of the enactment of this Act, or before

7 making the election, whether or not the death is the result

8 of a beryllium-related condition, a survivor of the covered

9 employee (on behalf of the survivor and any other sur10 vivors of the covered employee) may elect to receive com11 pensation under that subsection in lieu of any other com12 pensation or benefits which such survivors might otherwise

13 be allowed under this title.

14 (2) The right to make an election under paragraph

15 (1) shall be afforded to the survivors of a covered employee

16 in the order of precedence set forth in section

17 8109(a)(3)(D) of title 5, United States Code.

18 (c) TIMING OF ELECTION.—An election to receive

19 compensation and benefits under this section may be made

20 at any time after the submittal under this title of the claim

21 on which such compensation and benefits is based, but not

22 later than 30 days after the date of the allowance or denial

23 of the claim by the Secretary of Labor under section 107.

24 (d) IRREVOCABILITY OF ELECTION.—(1) An election

25 under this section when made is irrevocable.
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1 (2) An election under this section by a covered em2 ployee is binding on any survivors of the covered employee.

3 (e) PROHIBITION ON ADDITIONAL BENEFITS.—

4 When a covered employee, or the survivor of a covered em5 ployee, elects to receive compensation and benefits under

6 this section for a covered illness or beryllium-related pul7 monary condition, no other compensation or benefits may

8 be paid or provided under this title on account of the cov9 ered illness or beryllium-related condition, or any other

10 covered illness or beryllium-related pulmonary condition,

11 of the covered employee.

12 (f) EFFECT OF DETERMINATION REGARDING BE13 RYLLIUM-RELATED PULMONARY CONDITION.—The deter14 mination that a covered employee, or survivor of a covered

15 employee, has established the existence of a beryllium-re16 lated pulmonary condition pursuant to subsection (a) does

17 not constitute a determination that the covered employee,

18 or survivor, as the case may be, has established the exist19 ence of a covered illness for any other purpose.

20 SEC. 104. EXPOSURE TO BERYLLIUM IN THE PERFORM21 ANCE OF DUTY.

22 For purposes of this title, in the absence of substan23 tial evidence to the contrary, a covered employee shall be

24 treated as having been exposed to beryllium in the per25 formance of duty if the covered employee was employed
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1 at a Department of Energy facility, or was present at the

2 facility, or a facility owned or operated by a beryllium ven3 dor, because of employment by the United States, a beryl4 lium vendor, or a contractor or subcontractor of the De5 partment of Energy, during a period when beryllium dust

6 particles or vapor may have been present at such facility.

7 SEC. 105. AUTHORITY TO EXPAND LIST OF BERYLLIUM

8 VENDORS AND MEANS OF ESTABLISHING

9 COVERED ILLNESSES.

10 (a) BERYLLIUM VENDORS.—The Secretary of Labor

11 may from time to time, and in consultation with the Sec12 retary of Energy, designate as a beryllium vendor for pur13 poses of section 101(a)(3) any vendor, processor, or pro14 ducer of beryllium or related products not previously listed

15 under or designated for purposes of that section if the Sec16 retary of Labor finds that such vendor, processor, or pro17 ducer has been engaged in activities related to the produc18 tion of processing of beryllium for sale to, or use by, the

19 Department of Energy in a manner similar to the entities

20 listed under or previously designated for purposes of that

21 section.

22 (b) MEANS OF ESTABLISHING COVERED ILL23 NESSES.—Not later than 180 days after receiving peer24 reviewed scientific or medical information on means of es25 tablishing the existence of a covered illness referred to in
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1 subparagraph (A) or (B) of section 101(a)(5) not pre2 viously listed under or specified for purposes of such sub3 paragraph, the Secretary of Labor shall specify additional

4 means of establishing the existence of a covered illness re5 ferred to in such subparagraph.

6 SEC. 106. SUBMITTAL OF CLAIMS.

7 (a) CLAIM REQUIRED.—Except as otherwise provided

8 in this section, a claim for compensation and benefits

9 under this title shall be submitted to the Secretary of

10 Labor in the manner specified in section 8121 of title 5,

11 United States Code.

12 (b) GENERAL TIME LIMITATIONS.—A claim for com13 pensation and benefits under this title shall be filed under

14 this section not later than the later of—

15 (1) seven years after the date of the enactment

16 of this Act; or

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

18 becomes aware that a covered illness, beryllium-re19 lated pulmonary condition, or death from such ill20 ness or condition of a covered employee may be con21 nected to the exposure of the covered employee to

22 beryllium in the performance of duty.

23 (c) NEW PERIOD FOR ADDITIONAL ILLNESSES AND

24 CONDITIONS.—A new period of limitation under sub25 section (b)(2) shall commence with each diagnosis of a
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1 covered illness or beryllium-related pulmonary condition

2 that is different from a previously diagnosed covered ill3 ness or condition.

4 (d) TREATMENT OF CERTAIN CLAIMS.—For pur5 poses of subsection (b), the filing of a disability claim for

6 a covered illness or beryllium-related pulmonary condition

7 shall be treated as the filing of a death claim for such

8 covered illness or condition.

9 SEC. 107. ALLOWANCE OR DENIAL OF CLAIMS BY THE SEC10 RETARY OF LABOR.

11 (a) IN GENERAL.—(1) The Secretary of Labor shall

12 allow or deny each claim for compensation and benefits

13 submitted under section 106.

14 (2) The Secretary may allow or deny a claim, in whole

15 or in part.

16 (b) STANDARD OF REVIEW.—The Secretary of Labor

17 shall allow a claim under subsection (a) if the Secretary

18 finds that a disability or death of a covered employee as

19 specified in the claim resulted from a covered illness sus20 tained by the covered employee by reason of exposure to

21 beryllium in the performance of duty. Otherwise, the Sec22 retary shall deny the claim.

23 (c) FINDINGS OF FACT.—(1) In allowing or denying

24 a claim under this section, the Secretary of Labor shall

25 make findings of fact with respect to the claim.
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1 (2) For purposes of making findings with respect to

2 a claim, the Secretary of Labor—

3 (A) shall consider the claim, the results of any

4 medical test or diagnosis undertaken to establish the

5 existence of a covered illness, and any report fur6 nished by the Secretary of Energy with respect to

7 the claim; and

8 (B) may conduct such investigation as the Sec9 retary of Labor considers appropriate.

10 (d) AVAILABLE AUTHORITIES.—In carrying out ac11 tivities under subsection (c), the Secretary of Labor may

12 utilize the authorities available to the Secretary under sec13 tions 8123, 8125, and 8126 of title 5, United States Code.

14 (e) DEADLINE.—The Secretary of Labor shall allow

15 or deny a claim under this section not later than 120 days

16 after the date of the submittal of the claim to the Sec17 retary under section 106.

18 (f) SERVICE OF DECISION.—The Secretary of Labor

19 shall have served upon a claimant the Secretary’s decision

20 allowing or denying a claim under this section and any

21 findings of fact in support of such decision.

22 (g) FINALITY.—Unless a hearing is requested pursu23 ant to section 108(a), the decision to allow or deny a claim

24 under this section, and any findings in support of such

25 decision, shall become final and conclusive at the end of
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1 the 30-day period beginning on the date of service with

2 respect to the claim under subsection (f).

3 SEC. 108. REVIEW BY ADMINISTRATIVE LAW JUDGES OF AC4 TIONS ON CLAIMS BY THE SECRETARY OF

5 LABOR.

6 (a) IN GENERAL.—A claimant for compensation and

7 benefits under this title is entitled, upon request made by

8 the claimant to the Secretary of Labor, to the review by

9 an administrative law judge appointed under section 3105

10 of title 5, United States Code, of the decision to allow or

11 deny a claim, and of any findings of fact in support of

12 such decision, by the Secretary of Labor under section

13 107.

14 (b) TIMING OF REQUESTS FOR REVIEW.—(1) Except

15 as provided in paragraph (2), a request under subsection

16 (a) with respect to a claim shall be made not later than

17 the end of the 30-day period beginning on the date of serv18 ice by the Secretary of Labor with respect to the claim

19 under section 107(f).

20 (2) An administrative law judge may extend the pe21 riod for requesting a review under paragraph (1) upon pe22 tition of a claimant and good cause shown.

23 (c) HEARINGS.—(1) An administrative law judge

24 shall hold a hearing on each review requested under sub25 section (a).
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1 (2) Except as provided in paragraphs (3) and (4),

2 any hearing under this subsection shall be conducted in

3 accordance with the provisions of section 554 of title 5,

4 United States Code.

5 (3) A claimant may introduce at a hearing with re6 spect to a claim under paragraph (1) evidence not pre7 viously presented in support of the claim.

8 (4) The parties to a hearing under this subsection

9 shall be strictly limited to a claimant and the Secretary

10 of Labor (or the Secretary’s designee).

11 (d) POWERS AND DUTIES OF ALJ.—An administra12 tive law judge shall, in the conduct of a hearing under

13 subsection (c) and otherwise in the review of a claim under

14 subsection (a), have the following powers, duties, and re15 sponsibilities:

16 (1) The powers, duties, and responsibilities

17 vested in the Secretary of Labor by section

18 8124(b)(2) of title 5, United States Code.

19 (2) The power to preserve and enforce order

20 during hearings.

21 (3) The power to issue subpoenas for, to admin22 ister oaths to, and to compel the attendance and tes23 timony of witnesses, or the production of books, pa24 pers, documents, and other evidence, or the taking
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1 of depositions before any designated individual com2 petent to administer oaths.

3 (4) The power to examine witnesses.

4 (5) The power to do any other thing authorized

5 by law that the administrative law judge considers

6 appropriate for the effective discharge of responsibil7 ities under this section.

8 (e) CONTUMACY.—If any person in proceedings be9 fore an administrative law judge under this section dis10 obeys or resists any lawful order or process, or misbehaves

11 during a hearing or so near the place thereof as to ob12 struct the same, or neglects to produce, after having been

13 ordered to do so, any pertinent book, paper, or document,

14 or refuses to appear after having been subpoenaed, or

15 upon appearing refuses to take the oath as a witness, or

16 after having taken the oath refuses to be examined accord17 ing to law, the administrative law judge shall certify the

18 facts to the district court of the United States having ju19 risdiction in the place in which the administrative law

20 judge is sitting (or to the United States District Court

21 for the District of Columbia if the administrative law

22 judge is sitting in such District) which shall thereupon in

23 a summary manner hear the evidence as to the acts com24 plained of, and, if the evidence so warrants, punish such

25 person in the same manner and to the same extent as for
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1 a contempt committed before the court, or commit such

2 person upon the same conditions as if the doing of the

3 forbidden act had occurred with reference to the process

4 of or in the presence of the court.

5 (f) CLOSURE OF RECORD.—The record on a hearing

6 under this section shall close at the conclusion of the hear7 ing, except when the administrative law judge grants, for

8 good cause, an extension not to exceed 30 days for the

9 submission of additional evidence and argument.

10 (g) DECISION.—(1) Not later than 45 days after the

11 closing of the record on a claim under subsection (f), but

12 in no event later than 180 days after receipt of the claim13 ant’s request for a hearing on the claim, the administra14 tive law judge shall make a decision on the claim.

15 (2) In a decision under this subsection and in accord16 ance with the facts found on review of a claim, an adminis17 trative law judge may terminate, decrease, or increase the

18 compensation or benefits previously allowed on the claim,

19 or allow compensation or benefits previously refused or

20 discontinued.

21 (h) SERVICE OF DECISION.—(1) An administrative

22 law judge shall file with the Secretary of Labor a copy

23 of each decision made by the administrative law judge

24 under subsection (g).
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1 (2) An administrative law judge shall have served on

2 the claimant the decision made by the administrative law

3 judge with respect to the claim under subsection (g), in4 cluding the basis of such decision.

5 (i) EFFECTIVE DATE OF DECISION.—Unless ap6 pealed to the Benefits Review Board under section 109,

7 the decision of an administrative law judge, including any

8 allowance as a result thereof, on a claim under this section

9 shall—

10 (1) become effective upon filing of the decision

11 with the Secretary of Labor and service upon the

12 claimant under subsection (h); and

13 (2) become final and conclusive at the end of

14 the 30-day period beginning on the date of such

15 service.

16 SEC. 109. REVIEW OF ADMINISTRATIVE LAW JUDGE DECI17 SIONS BY BENEFITS REVIEW BOARD AND

18 UNITED STATES COURTS OF APPEALS.

19 (a) IN GENERAL.—A claimant aggrieved by the deci20 sion of an administrative law judge under section 108 may

21 seek review of the decision by the Benefits Review Board

22 established by section 21(b) of the Longshore and Harbor

23 Workers’ Compensation Act (33 U.S.C. 921(b)).

24 (b) TIMING OF REQUESTS FOR REVIEW.—(1) Except

25 as provided in paragraph (2), a request under subsection
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•S 2519 IS

1 (a) for the review of a decision shall be made not later

2 than the end of the 30-day period beginning on the effec3 tive date of the decision under section 108(i)(1).

4 (2) The Benefits Review Board may extend the pe5 riod for requesting the review of a decision under para6 graph (1) by not more than 30 additional days, upon peti7 tion of the claimant and good cause shown.

8 (c) POWERS AND DUTIES OF BENEFITS REVIEW

9 BOARD.—(1) Except as provided in paragraph (2), the

10 Benefits Review Board is authorized to hear and deter11 mine a request for a review of a decision under this section

12 in accordance with and pursuant to the authority vested

13 in the Board by section 21(b) of the Longshore and Har14 bor Workers’ Compensation Act.

15 (2) The parties to a proceeding under this subsection

16 shall be strictly limited to a claimant and the Secretary

17 of Labor (of the Secretary’s designee).

18 (d) DEADLINE FOR FINAL DETERMINATION.—The

19 Benefits Review Board shall make its final determination

20 with regard to the review of a decision under this section

21 not later than 240 days after the receipt of the request

22 for the review under subsection (a).

23 (e) REVIEW OF FINAL DETERMINATION BY UNITED

24 STATES COURTS OF APPEALS.—(1) A claimant adversely

25 affected or aggrieved by a final determination of the Bene-
29

•S 2519 IS

1 fits Review Board under subsection (d) may obtain review

2 of the final determination in the United States court of

3 appeals for the circuit in which the claimant resides.

4 (2) The review of a final determination by the United

5 States court of appeals under paragraph (1) shall be gov6 erned by the provisions of section 21(c) of the Longshore

7 and Harbor Workers’ Compensation Act.

8 SEC. 110. RECONSIDERATION OF CLAIMS.

9 (a) DESIGNATION OF ADDITIONAL BERYLLIUM VEN10 DORS OR MEANS OF ESTABLISHING COVERED ILL11 NESSES.—Notwithstanding any other provision of this

12 title, upon the designation of additional beryllium vendors

13 under section 105(a), or the specification of additional

14 means of establishing covered illnesses under section

15 105(b), a claimant, or, in the case of deceased covered em16 ployee who was a claimant, a survivor of such covered em17 ployee, may obtain the reconsideration of a decision deny18 ing the claim under this title.

19 (b) NEW EVIDENCE.—Notwithstanding any other

20 provision of this title, a claimant or, in the case of de21 ceased covered employee who was a claimant, a survivor

22 of such covered employee, may obtain reconsideration of

23 a decision denying the claim under this title based on new

24 evidence.
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1 (c) PROCEDURES FOR RECONSIDERATION.—The sub2 mittal of an application for reconsideration of a claim

3 under this section shall be treated as the submittal of a

4 claim under section 106 for purposes of this title, except

5 that the limitations specified in subsection (b) of that sec6 tion shall not apply to the reconsideration of the claim

7 under this section.

8 SEC. 111. ADMINISTRATIVE MATTERS RELATING TO DECI9 SIONS ON CLAIMS.

10 (a) FAILURE TO ACT.—The failure of an authority

11 specified in section 107, 108, or 109 to make a decision

12 on a claim within the time period required for the decision

13 under the applicable section shall result in a decision in

14 favor of the claimant on the claim under such section.

15 (b) RESOLUTION OF REASONABLE DOUBT.—Any

16 reasonable doubt with regard to whether or not a claim

17 meets requirements of this title applicable to the claim

18 shall be resolved in favor of the claimant.

19 (c) USE OF PHYSICIAN SERVICES.—In securing med20 ical testing and diagnostic services to establish the exist21 ence of a covered illness under this title, a claimant may

22 utilize a physician of the claimant’s choice, or a physician

23 sponsored by the Department of Labor or the beryllium

24 vendor or other Department of Energy contractor or sub25 contractor concerned, if available.
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1 (d) PRODUCTION OF INFORMATION.—(1) A claimant

2 may commence an action in the appropriate district court

3 of the United States against the Department of Energy,

4 a beryllium vendor, or other contractor or subcontractor

5 of the Department, to compel the production of informa6 tion or documents requested by the Secretary of Labor,

7 an administrative law judge, or the Benefits Review Board

8 under this title if such information or documents are not

9 provided within 60 days after the date of the request.

10 (2) Upon successful resolution of any action brought

11 under this subsection, the court shall award the claimant

12 reasonable attorney fees and costs.

13 (3) Any costs awarded against the Department of

14 Energy, or a beryllium vendor, or other contractor or sub15 contractor of the Department, shall be considered costs

16 incurred by the Secretary of Energy, beryllium vendor or

17 contractor or subcontractor, as the case may be, which

18 may not be payable from amounts in the Energy Employ19 ees’ Beryllium Compensation Fund.

20 (e) NO RIGHT OF REVIEW IN UNITED STATES OR

21 CONTRACTORS.—(1) Sections 108 and 109 shall not be

22 construed to confer upon the Secretary of Energy or the

23 Secretary of Labor, any beryllium vendor, or any other

24 contractor of subcontractor of the Department of Energy,
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1 any right to a hearing or review on a matter covered by

2 such sections.

3 (2) In any review under section 108 or 109 of a deci4 sion of the Secretary of Labor under section 107, the Sec5 retary of Labor (or the Secretary’s designee) may appear

6 before an administrative law judge, the Benefits Review

7 Board, or a United States court of appeals for purposes

8 of explaining the Secretary’s decision under section 107.

9 SEC. 112. REPRESENTATION OF CLAIMANTS.

10 (a) IN GENERAL.—A claimant may authorize an at11 torney to represent the claimant in any proceeding under

12 this title.

13 (b) ATTORNEY FEES AND COSTS IN LATER PRO14 CEEDINGS.—(1) If a claimant in a proceeding under sec15 tion 108 or 109 who is represented by an attorney in such

16 proceeding is successful in such proceeding, there shall be

17 awarded, in addition to any allowance of compensation

18 and benefits under this title, reasonable attorney fees and

19 costs associated with such proceeding as approved by the

20 administrative law judge, the Benefits Review Board, or

21 court in such proceeding.

22 (2) If a claimant described in paragraph (1) is suc23 cessful in a proceeding covered by that paragraph by rea24 son of a finding that the denial of the claim of the claim25 ant under section 107 was arbitrary and capricious, the
33

•S 2519 IS

1 claimant shall be awarded, in addition to any award of

2 attorney fees and costs under that paragraph, an amount

3 equal to 10 percent per year on the claim for each year

4 from the date of the original denial of the claim.

5 (3)(A) Except as provided in subparagraph (B), any

6 award of attorney fees and costs under paragraph (1) shall

7 be paid from the Energy Employees’ Beryllium Compensa8 tion Fund directly to the attorney in a lump sum after

9 the order on which the award is based becomes final.

10 (B) Any award of attorney fees, costs, and other

11 amounts under this subsection for a claimant described

12 in paragraph (2) shall be considered costs incurred by the

13 Secretary of Labor, and shall not be paid from the Energy

14 Employees’ Beryllium Compensation Fund.

15 (c) LIMITATION ON CHARGES FOR SERVICES COV16 ERED BY AWARD OF ATTORNEY FEES.—(1) An attorney

17 awarded attorney fees under this section for services pro18 vided with respect to a proceeding may not collect from

19 the claimant, whether directly or indirectly, for such serv20 ices.

21 (2) Whoever violates paragraph (1) shall be subject

22 to a civil fine of not more than $5,000, imposed by the

23 Secretary of Labor.
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1 (3) Any amounts collected under paragraph (2) shall

2 be deposited in the Energy Employees’ Beryllium Com3 pensation Fund.

4 SEC. 113. COMPUTATION OF PAY FOR PURPOSES OF PAY5 MENT OF COMPENSATION.

6 For purposes of this title, the monthly pay of a cov7 ered employee shall be computed in accordance with sec8 tion 8114 of title 5, United States Code.

9 SEC. 114. TREATMENT OF COMPENSATION AND BENEFITS.

10 (a) IN GENERAL.—Any compensation or benefits al11 lowed, paid, or provided under this title—

12 (1) shall not be considered income for purposes

13 of the Internal Revenue Code, and shall not be sub14 ject to Federal income tax under the internal rev15 enue laws of the United States;

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

17 for purposes of determining eligibility to receive ben18 efits described in section 3803(c)(2)(C) of title 31,

19 United States Code, or the amount of those benefits;

20 and

21 (3) shall not be subject to offset under chapter

22 37 of title 31, United States Code.

23 (b) INSURANCE.—(1) Compensation or benefits paid

24 or provided under this title shall not be considered as any

25 form of compensation or reimbursement for a loss for pur-
35

•S 2519 IS

1 poses of imposing liability on the individual receiving the

2 compensation or benefits to repay any insurance carrier

3 for insurance payments made.

4 (2) The payment or provision of compensation or ben5 efits under this title shall not be treated as affecting any

6 claim against an insurance carrier with respect to insur7 ance.

8 SEC. 115. EFFECT OF RECEIPT OF COMPENSATION AND

9 BENEFITS ON RIGHT TO RECEIVE CERTAIN

10 OTHER BENEFITS.

11 (a) REMUNERATION FROM THE FEDERAL GOVERN12 MENT.—While a covered employee described in section

13 101(a)(4)(C) is receiving compensation or benefits under

14 this title, or if the covered employee has been paid com15 pensation in a lump sum in commutation of installment

16 payments, until the expiration of the period during which

17 the installment payments would have continued pursuant

18 to section 8135 of title 5, United States Code, the covered

19 employee may not receive salary, pay, or remuneration of

20 any type from the United States, except—

21 (1) in return for service actually performed;

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

23 Air Force;
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•S 2519 IS

1 (3) benefits administered by the Secretary of

2 Veterans Affairs, unless such benefits are payable

3 for the same covered illness or death;

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

5 equivalent pay for service in the Armed Forces or

6 any other uniformed service; and

7 (5) retirement benefits under subchapter III of

8 chapter 83 of title 5, United States Code, or other

9 retirement system for employees of Federal or State

10 government.

11 (b) ELECTION OF FEDERAL BENEFITS.—(1) An in12 dividual who is allowed compensation or benefits under

13 this title for a covered illness or death of a covered em14 ployee described in section 101(a)(4)(C) and who is enti15 tled to receive benefits from the United States under a

16 provision of law other than this title for the covered illness

17 or death (except proceeds of an insurance policy), because

18 of service by the covered employee (or in the case of death,

19 by the deceased) as an employee of the Federal Govern20 ment or as a member in the Armed Forces, shall elect

21 to receive compensation or benefits under this title or ben22 efits under such other provision of law.

23 (2) An individual described in paragraph (1) shall

24 make the election provided for in that paragraph within

25 the time allowed by the Secretary of Labor by regulation.
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1 (3)(A) An election under paragraph (1) when made

2 is irrevocable, except—

3 (i) when otherwise provided by statute; and

4 (ii) when compensation or benefits under this

5 title, or benefits under such other provision of law,

6 are modified by a law enacted after the date of the

7 enactment of this Act.

8 (B) The Secretary of Labor shall provide for the

9 manner and time of any election arising under subpara10 graph (A)(ii).

11 (c) STATE WORKERS’ COMPENSATION.—(1) Subject

12 to paragraph (2), an individual who is allowed compensa13 tion or benefits under this title for a covered illness or

14 death of a covered employee and who is entitled to receive

15 benefits because of the covered illness or death from a

16 State workers’ compensation system shall elect—

17 (A) to receive compensation and benefits under

18 this title; or

19 (B) to receive compensation and benefits in

20 part under this title and in part under the State

21 workers’ compensation system as provided for under

22 subsection (d).

23 (2) An election shall not be required under paragraph

24 (2) if—
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•S 2519 IS

1 (A) at the time of injury, the State workers’

2 compensation coverage for the covered employee was

3 secured by a policy or contract of insurance; and

4 (B) the Secretary of Labor waives the require5 ment to make the election.

6 (3) An individual required to make an election pro7 vided for under paragraph (1) shall make the election

8 within the time allowed by the Secretary of Labor by regu9 lation.

10 (4)(A) An election under paragraph (1) when made

11 is irrevocable, unless the level of compensation or benefits

12 under this title, or under the applicable workers’ com13 pensation system referred to in that paragraph, is modi14 fied by a law enacted after the date of the enactment of

15 this Act.

16 (B) The Secretary of Labor shall provide for the

17 manner and time of any election arising under subpara18 graph (A).

19 (d) PREVIOUS AWARD UNDER STATE WORKERS’

20 COMPENSATION OR INSURANCE.—(1) An individual who

21 has been awarded workers compensation on a claim, or

22 entered into a settlement of a claim, under a State work23 ers’ compensation system or insurance for an occupational

24 disease or prospective occupational disease arising out of

25 the exposure of a covered employee at a Department of
39

•S 2519 IS

1 Energy facility may file a claim for compensation and ben2 efits under this title.

3 (2) The amount of compensation payable under this

4 title to an individual described in paragraph (1) shall be

5 the amount to which the individual is otherwise entitled

6 under this title minus the amount of any workers’ com7 pensation benefits provided under paragraph (1) as the

8 amount of such benefits are adjusted for inflation in con9 stant dollars in the year in which compensation payable

10 under this title commences.

11 (e) COORDINATION OF FEDERAL AND STATE BENE12 FITS.—An individual who elects under subsection

13 (c)(1)(B) to receive compensation and benefits in part

14 under this title and in part under a State workers’ com15 pensation system shall receive under this title the com16 pensation and benefits to which the individual is entitled

17 under this title reduced by the amount of any workers’

18 compensation benefits that the individual receives or will

19 receive under the State workers’ compensation system

20 during the period that compensation and benefits are pro21 vided under this title, except that the amount of such re22 duction shall not include an amount equal to the reason23 able costs (including legal and medical costs not reim24 bursed under this title), as determined by the Secretary
40

•S 2519 IS

1 of Labor by regulation, incurred by the individual of ob2 taining such compensation and benefits.

3 SEC. 116. SATISFACTION OF CLAIMS AGAINST THE UNITED

4 STATES AND BERYLLIUM VENDORS.

5 The receipt by an individual of compensation and

6 benefits pursuant to the award of a claim under this title

7 shall constitute full settlement of all claims against the

8 United States under chapter 171 of title 28, United States

9 Code (commonly referred to as the Federal Tort Claims

10 Act), or any other provision of law, or against the beryl11 lium vendor or other contractor or subcontractor of the

12 Department of Energy, that arise of the exposure of the

13 covered employee concerned to beryllium in the perform14 ance of duty.

15 SEC. 117. ASSIGNMENT OF CLAIMS.

16 (a) PROHIBITION.—A claim under this title is not as17 signable or transferable, and any assignment or other

18 transfer of such claim is void.

19 (b) ATTACHMENT.—Compensation paid under this

20 title, and any claims therefor, are exempt from the claims

21 of any creditors.

22 SEC. 118. FORFEITURE OF COMPENSATION AND BENEFITS

23 BY CONVICTED FELONS.

24 (a) FORFEITURE OF ELIGIBILITY FOR FRAUD IN

25 CONNECTION WITH BENEFITS.—(1) Any individual con-
41

•S 2519 IS

1 victed of a violation of section 1920 of title 18, United

2 States Code, or any other Federal or State criminal stat3 ute relating to fraud in the application for or receipt of

4 compensation or benefits, whether under this title or

5 under any other Federal or State workers’ compensation

6 program or system, shall forfeit as of the date of such

7 conviction any compensation or benefits to which such in8 dividual would otherwise be entitled for a covered illness

9 under this title based on a time of injury on or before

10 the date of such conviction.

11 (2) Forfeiture for a conviction under paragraph (1)

12 shall be in addition to any action the Secretary of Labor

13 may take pursuant to section 8106 or 8129 of title 5,

14 United States Code, for the conviction.

15 (b) PROHIBITION ON BENEFITS DURING INCARCER16 ATION FOR FELONY.—(1) Notwithstanding any other pro17 vision of law and except as provided in paragraph (3), no

18 compensation or benefits may be paid or provided under

19 this title to or for any individual during any period during

20 which such individual is confined in a jail, prison, or other

21 penal institution or correctional facility pursuant to such

22 individual’s conviction of an offense that constituted a fel23 ony under applicable law.

24 (2) An individual described in paragraph (1) may not

25 receive any benefits foregone under that paragraph for a
42

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1 period of incarceration described in that paragraph after

2 the end of the period of incarceration.

3 (3)(A) If an individual described in paragraph (1) has

4 one or more dependents (as that term is defined in section

5 8110(a) of title 5, United States Code), the Secretary of

6 Labor may, during a period of incarceration of the indi7 vidual described in that paragraph, pay such dependents

8 a percentage of the compensation that would otherwise

9 have been payable to such individual under this title.

10 (B) The amount of compensation payable under sub11 paragraph (A) shall be computed in accordance with para12 graphs (1) through (5) of section 8133(a) of title 5,

13 United States Code, except that for purposes of such para14 graphs, any reference to a ‘‘deceased employee’’ shall be

15 treated as a reference to the individual described in para16 graph (1), and any reference to ‘‘widow’’ or ‘‘widower’’

17 shall be treated as a reference to the spouse of the indi18 vidual.

19 (c) INFORMATION ON INCARCERATED INDIVID20 UALS.—(1) Notwithstanding any provision of section 552a

21 of title 5, United States Code, or any other provision of

22 Federal law, any agency of the United States Government

23 shall make available to the Secretary of Labor, upon writ24 ten request, the names and Social Security account num25 bers of individuals who are confined in a jail, prison, or
43

•S 2519 IS

1 other penal institution or correctional facility under the

2 jurisdiction of that agency, pursuant to the individuals’

3 conviction of an offense that constituted a felony under

4 applicable law.

5 (2) The Secretary of Labor may use information

6 made available to the Secretary under paragraph (1) solely

7 for purposes of carrying out this section.

8 SEC. 119. CIVIL SERVICE RETENTION RIGHTS.

9 If a former covered employee described in section

10 101(a)(4)(C) who is receiving compensation and benefits

11 under this title resumes employment with the Federal

12 Government, the individual shall have the rights set forth

13 in section 8151 of title 5, United States Code, with respect

14 to such compensation and benefits, except that for pur15 poses of such section 8151, any reference to ‘‘compensa16 tion’’ shall be treated as a reference to compensation and

17 benefits under this title.

18 SEC. 120. SUBROGATION OF THE UNITED STATES.

19 (a) IN GENERAL.—Except as otherwise provided in

20 this title, if a covered illness, beryllium-related pulmonary

21 condition, or death for which compensation or benefits are

22 paid or provided under this title is caused under cir23 cumstances creating a legal liability in a person other than

24 the United States to pay damages, sections 8131 and

25 8132 of title 5, United States Code, shall apply.
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1 (b) ADMINISTRATION.—(1) For purposes of this sec2 tion, any reference in section 8131 or 8132 of title 5,

3 United States Code, to the Employees’ Compensation

4 Fund shall be treated as a reference to the Energy Em5 ployees’ Beryllium Compensation Fund.

6 (2) For the purposes of this section, the requirement

7 under section 8131(a) of title 5, United States Code, that

8 an employee required to appear as a party or witness in

9 the prosecution of an action described in that section is

10 in active duty status while so appearing shall only apply

11 to a covered employee described in section 101(a)(4)(C).

12 SEC. 121. MEMORANDUM OF UNDERSTANDING.

13 (a) MEMORANDUM OF UNDERSTANDING.—Not later

14 than 180 days after the date of the enactment of this Act,

15 the Secretary of Energy shall enter into a memorandum

16 of understanding with the Secretary of Labor for purposes

17 of the administration of this title by the Secretary of

18 Labor, including the utilization of Department of Labor

19 services and facilities for such purposes.

20 (b) INCLUDED MATTERS.—The memorandum of un21 derstanding shall provide for the transfer to the Secretary

22 of Labor of funds authorized to be appropriated for the

23 Department of Energy under section 126 in order to cover

24 costs incurred by the Secretary of Labor in the adminis25 tration of this title.
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1 (c) EXCLUDED MATTERS.—The memorandum of un2 derstanding shall not cover activities of the Secretary of

3 Energy authorized under section 105.

4 (d) DELEGATION OF RESPONSIBILITIES OF SEC5 RETARY OF LABOR.—The memorandum of understanding

6 shall permit the Secretary of Labor to delegate any func7 tions and responsibilities of that Secretary under the

8 memorandum of understanding to appropriate officers and

9 employees of the Department of Labor.

10 SEC. 122. OTHER ADMINISTRATIVE PROVISIONS.

11 (a) CRIMINAL PENALTIES FOR INTERFERENCE WITH

12 BENEFITS PROCESS.—(1) Whoever fails to provide infor13 mation, or knowingly provides false information, in re14 sponse to a request for information pursuant to subsection

15 (c), (d), or (e) of section 102 shall be fined, imprisoned,

16 or both, in accordance with section 1922 of title 18,

17 United States Code.

18 (2) Whoever induces, compels, or directs a covered

19 employee to forego filing a claim for compensation or ben20 efits under this title, or any extension or application there21 of, or willfully retains any notice, report, claim, or paper

22 which is required to be filed under this title, shall be fined,

23 imprisoned, or both, in accordance with section 1922 of

24 title 18, United States Code.
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1 (b) PROVISION OF INFORMATION TO CLAIMANTS.—

2 Any information with respect to a claim that is provided

3 to the Secretary of Labor under this title by the Secretary

4 of Energy, any beryllium vendor, or any other contractor

5 or subcontractor of the Department of Energy shall also

6 be provided by the Secretary of Energy, such beryllium

7 vendor, or such contractor or subcontractor, as the case

8 may be, to the claimant concerned, at no cost to the claim9 ant concerned and in a manner not inconsistent with the

10 provisions of section 552a of title 5, United States Code

11 (commonly referred to as the Privacy Act), unless the

12 claimant concerned elects not to be provided such informa13 tion.

14 (c) RECOVERY OF OVERPAYMENT OF CLAIMS.—The

15 provisions of section 8129 of title 5, United States Code,

16 shall apply with respect to any overpayment of compensa17 tion on a claim under this title.

18 SEC. 123. ENERGY EMPLOYEES’ BERYLLIUM COMPENSA19 TION FUND.

20 (a) ESTABLISHMENT.—There is hereby established

21 on the books of the Treasury of the United States a fund

22 to be known as the ‘‘Energy Employees’ Beryllium Com23 pensation Fund’’ (in this section referred to as the

24 ‘‘Fund’’).
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1 (b) ELEMENTS OF FUND.—There shall be deposited

2 in the Fund the following:

3 (1) Amounts appropriated for the Fund.

4 (2) Amounts that otherwise accrue to the Fund

5 under this title.

6 (c) AVAILABILITY.—(1) Amounts in the Fund may

7 be used for the provision of compensation and benefits and

8 other expenses authorized by this title in connection with

9 the provision of such compensation and benefits.

10 (2) Amounts in the Fund shall not be available for

11 the payment of costs incurred in the administration of this

12 title.

13 (3) Amounts in the Fund shall remain available until

14 expended.

15 (d) ADMINISTRATION OF FUND.—(1) Not later than

16 45 days before the end of each quarter of a fiscal year,

17 the Secretary of Labor shall determine the following:

18 (A) The total cost of compensation and benefits

19 and other payments made from the Fund during the

20 preceding fiscal year quarter.

21 (B) The balance in the Fund as of the end of

22 the preceding fiscal year quarter.

23 (C) An estimate of the anticipated expenditures

24 from the Fund for the payment of compensation and
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•S 2519 IS

1 benefits and other payments under this title for each

2 of the two succeeding fiscal year quarters.

3 (2) The determination made under paragraph (1) in

4 the last quarter of a fiscal year shall include, in addition

5 to the matter required under that paragraph, the fol6 lowing:

7 (A) The total cost of compensation and benefits

8 and other payments from the Fund during the pre9 ceding twelve months.

10 (B) An estimate of the anticipated expenditures

11 from the Fund for the payment of compensation and

12 benefits and other payments for each of the two suc13 ceeding fiscal years.

14 SEC. 124. REGULATIONS.

15 Not later than 120 days after the date of entry into

16 the memorandum of understanding required by section

17 121, the Secretary of Labor shall prescribe regulations for

18 purposes of the administration of this title.

19 SEC. 125. ANNUAL REPORT.

20 Not later than October 31 each year, the Secretary

21 of Labor shall submit to Congress a report on the adminis22 tration of this title during the preceding fiscal year. The

23 report shall include any determinations made under sec24 tion 123(d) during such fiscal year.
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1 SEC. 126. AUTHORIZATION OF APPROPRIATIONS FOR

2 COSTS OF ADMINISTRATION.

3 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

4 hereby authorized to be appropriated for the Department

5 of Energy for each fiscal year after fiscal year 2000 such

6 sums as may be necessary in such fiscal year for the costs

7 of administration of this title by the Secretary of Labor.

8 (b) TRANSFER.—The Secretary of Energy shall, pur9 suant to the memorandum of understanding under section

10 121, transfer to the Secretary of Labor any amounts ap11 propriated pursuant to the authorization of appropriations

12 in subsection (a).

13 TITLE II—COMPENSATION AND

14 BENEFITS FOR ILLNESSES

15 RELATED TO EXPOSURE TO

16 IONIZING RADIATION, SILICA,

17 AND HAZARDOUS SUB18 STANCES

19 SEC. 201. DEFINITIONS.

20 (a) IN GENERAL.—In this title:

21 (1) DEPARTMENT OF ENERGY.—The term ‘‘De22 partment of Energy’’ includes any predecessor agen23 cy or successor agency of the Department of Energy,

24 including the United States Enrichment Corpora25 tion, a Federally-chartered corporation.

26 (2) DEPARTMENT OF ENERGY FACILITY.—
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1 (A) IN GENERAL.—The term ‘‘Department

2 of Energy facility’’ means any building, struc3 ture, or premise, including the grounds upon

4 which such building, structure, or premise is lo5 cated, in which operations are conducted by, or

6 on behalf of, the Department of Energy and

7 with regard to which the Department of Energy

8 has a proprietary interest or has entered into a

9 contract to provide management and operation,

10 management and integration, or environmental

11 remediation services.

12 (B) INCLUDED FACILITIES.—The term

13 shall refer to the facilities (including any prede14 cessor or successor facilities to such facilities)

15 as follows:

16 (i) Amchitka Island Test Site, Am17 chitka, Alaska.

18 (ii) Lawrence Livermore National

19 Laboratory, Livermore, California.

20 (iii) Lawrence Berkeley Laboratory,

21 Berkeley, California.

22 (iv) Santa Susanna Facilities, Santa

23 Susanna, California.

24 (v) Rocky Flats Plant, Golden, Colo25 rado.
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1 (vi) Pinellas Plant, St. Petersburg,

2 Florida.

3 (vii) Idaho National Engineering Lab4 oratory, Idaho Falls, Idaho.

5 (viii) Argonne National Laboratory,

6 Idaho and Illinois.

7 (ix) Fermi Nuclear Laboratory, Bata8 via, Illinois.

9 (x) Iowa Army Ammunition Plant,

10 Burlington, Iowa, but only the portion of

11 that plant operated for the Atomic Energy

12 Commission.

13 (xi) Paducah Plant, Paducah, Ken14 tucky.

15 (xii) Kansas City Plant, Kansas City,

16 Missouri.

17 (xiii) Weldon Spring Plant, Weldon

18 Spring, Missouri.

19 (xiv) Nevada Test Site, Mercury, Ne20 vada.

21 (xv) Los Alamos National Laboratory,

22 Los Alamos, New Mexico.

23 (xvi) Sandia National Laboratories,

24 New Mexico.
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1 (xvii) Waste Isolation Pilot Project,

2 Carlsbad, New Mexico.

3 (xviii) Brookhaven National Labora4 tory, Upton, New York.

5 (xix) Fernald Feed Materials Produc6 tion Center, Fernald, Ohio.

7 (xx) Mound Facility, Miamisburg,

8 Ohio.

9 (xxi) Portsmouth Plant, Piketon,

10 Ohio.

11 (xxii) Savannah River, South Caro12 lina.

13 (xxiii) Oak Ridge Facility, Tennessee,

14 including the K–25 Plant, the Y–12 Plant,

15 and the X–10 Plant.

16 (xxiv) Pantex Plant, Amarillo, Texas.

17 (xxv) Hanford Works, Richland,

18 Washington.

19 (xxvi) Marshall Islands Nuclear Test

20 Sites, but only for period after December

21 31, 1958.

22 (C) EXCLUSION.—The term shall not in23 clude any naval reactor facility covered under

24 Executive Order No. 12344.
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1 (3) DEPARTMENT OF ENERGY CONTRACTOR.—

2 The term ‘‘Department of Energy contractor’’

3 means any entity that contracted or subcontracted

4 with the Department of Energy to provide manage5 ment and operations, management and integration,

6 production, testing, research, development, environ7 mental remediation, waste management, construc8 tion, or other services at a Department of Energy

9 facility.

10 (4) DEPARTMENT OF ENERGY URANIUM VEN11 DOR.—The term ‘‘Department of Energy uranium

12 vendor’’ means any entity that supplied uranium

13 conversion or manufacturing services for the Depart14 ment of Energy, including the following:

15 (A) Allied Signal, with respect to the Ura16 nium Hexaflouride Facility in Metropolis, Illi17 nois.

18 (B) Malinckrodt Chemical, St. Louis, Mis19 souri.

20 (C) Linde Air Products, Tonowanda, New

21 York.

22 (D) Reactive Metals, Ashtabula, Ohio.

23 (E) Nuclear Fuels Services, Erwin, Ten24 nessee.
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1 (5) COVERED EMPLOYEE.—The term ‘‘covered

2 employee’’ means the following:

3 (A) A current or former employee of a De4 partment of Energy contractor or Department

5 of Energy uranium vendor.

6 (B) An employee of the United States En7 richment Corporation during a period when the

8 corporation was a Federally-chartered entity, or

9 an employee of a contractor or subcontractor of

10 the corporation during such period.

11 (C) A current or former employee (as that

12 term is defined in section 8101(1) of title 5,

13 United States Code) who is or was employed at

14 a Department of Energy facility or at a facility

15 owned, operated, or occupied by a Department

16 of Energy contractor or Department of Energy

17 uranium vendor.

18 (6) COVERED ILLNESS.—The term ‘‘covered ill19 ness’’ means medical conditions and diseases as fol20 lows:

21 (A) A medical condition or disease as fol22 lows, if the onset of the condition or disease

23 was at least 2 years after first exposure:

24 (i) In the case of an individual ex25 posed to ionizing radiation—
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1 (I) leukemia (other than chronic

2 lymphocytic leukemia), multiple

3 myeloma, or lymphoma;

4 (II) primary cancer of the bone,

5 thyroid, male or female breast, esoph6 agus, stomach, pharynx, small intes7 tine, pancreas, bile ducts, gall bladder,

8 salivary gland, urinary bladder, brain,

9 colon, ovary, liver (except if cirrhosis

10 or hepatitis B is indicated), larynx,

11 prostate, kidney, or lung (other than

12 in situ lung cancer that is discovered

13 during or after a post-mortem exam);

14 or

15 (III) any other condition or dis16 ease specified by the Secretary of En17 ergy under section 214.

18 (ii) In the case of an individual ex19 posed to uranium or uranium

20 compounds—

21 (I) chronic renal disease (includ22 ing nephritis and kidney tubal necro23 sis); or
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1 (II) any other condition or dis2 ease specified by the Secretary of En3 ergy under section 214.

4 (B) Chronic silicosis if—

5 (i) at least 10 years elapse between

6 initial exposure to silica and the emergence

7 of the condition; and

8 (ii) the condition is established—

9 (I) by a chest x-ray presenting

10 any combination of rounded opacities

11 of type p/q/r, with or without irregular

12 opacities, present in at least both

13 upper lung zones and of profusion 1/

14 0 or greater, as found in accordance

15 with the International Labor Organi16 zation classification system;

17 (II) by—

18 (aa) a physician’s provi19 sional or working diagnosis of sil20 icosis;

21 (bb) a chest radiograph in22 terpreted as consistent with sili23 cosis; or

24 (cc) pathologic findings con25 sistent with silicosis; or
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1 (III) by—

2 (aa) a history of occupa3 tional exposure to airborne silica

4 dust; and

5 (bb) a chest radiograph or

6 other imaging technique inter7 preted as consistent with silicosis

8 or pathologic findings consistent

9 with silicosis.

10 (C) Any disease, illness, impairment, or

11 disability sustained as a consequence of a med12 ical condition or disease covered by subpara13 graph (A) or (B).

14 (7) HAZARDOUS SUBSTANCE.—

15 (A) IN GENERAL.—The term ‘‘hazardous

16 substance’’ means any heavy metal, chemical,

17 mineral, or other toxic substance or compound

18 to which covered employees are exposed at a

19 Department of Energy facility or a facility of a

20 Department of Energy contractor or Depart21 ment of Energy uranium vendor.

22 (B) EXCLUSION.—The term does not in23 clude beryllium or related substances for which

24 compensation and benefits are allowable under

25 title I.
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1 (8) SURVIVOR.—The term ‘‘survivor’’, in the

2 case of a covered employee, means any individual

3 who stands in relation to the covered employee as an

4 individual referred to clause (i), (ii), or (iii) of para5 graph (3)(D) of section 8109(a) of title 5, United

6 States Code, stands in relation to an individual

7 under that section.

8 (9) TIME OF INJURY.—The term ‘‘time of in9 jury’’, in the case of a covered employee, means the

10 last date on which the covered employee was exposed

11 to ionizing radiation, silica, or the hazardous sub12 stance involved.

13 (b) TERMS USED IN ADMINISTRATION.—Except as

14 otherwise provided in this title, in any case where a provi15 sion of this title provides for the application of a provision

16 of title 5, United States Code, the terms in section 8101

17 of title 5, United States Code, shall apply in the applica18 tion of such provision of title 5, United States Code, under

19 this title.
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1 Subtitle A—Cancer and Related

2 Illnesses

3 SEC. 211. AUTHORITY TO PROVIDE COMPENSATION AND

4 BENEFITS AND CERTAIN ADDITIONAL ASSIST5 ANCE.

6 (a) COMPENSATION AND BENEFITS ON ALLOWANCE

7 OF CLAIM.—Subject to the provisions of this subtitle, the

8 Secretary of Labor shall, upon the allowance of a claim

9 for disability or death under this subtitle—

10 (1) pay compensation for the disability or death

11 in accordance with sections 8105 through 8110,

12 8111(a), 8112, 8113(a), 8115, 8117, 8133 through

13 8135, and 8146a of title 5, United States Code;

14 (2) reimburse the claimant for any costs in15 curred by the claimant (other than costs previously

16 paid for or reimbursed under subsection (d)(3)) for

17 medical testing and diagnostic services necessary to

18 establish the existence of the covered illness con19 cerned;

20 (3) reimburse the claimant for any additional

21 reasonable medical expenses incurred by the claim22 ant in establishing the claim;

23 (4) in the case of a covered employee, furnish

24 the services and other benefits specified in section

25 8103 of title 5, United States Code; and
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1 (5) in the case of a permanently disabled cov2 ered employee—

3 (A) inform the covered employee of the

4 availability of vocational rehabilitation services

5 under sections 8104 and 8111(b) of title 5,

6 United States Code; and

7 (B) furnish such services to the covered

8 employee in accordance with such sections.

9 (b) LIMITATIONS ON COMPENSATION AND BENE10 FITS.—(1) No compensation or benefits may be paid or

11 provided under subsection (a) for a covered illness or

12 death if the covered illness or death occurred under one

13 of the circumstances set forth in paragraph (1), (2), or

14 (3) of section 8102(a) of title 5, United States Code.

15 (2) No compensation may be paid under this subtitle

16 for any period before the date of the enactment of this

17 Act, except in the case of compensation under section 212.

18 (c) ASSISTANCE FOR CLAIMANTS.—The Secretary of

19 Labor shall, upon the submittal of a claim under this sub20 title for compensation and benefits under subsection (a)—

21 (1) provide assistance to the claimant in con22 nection with the claim, including—

23 (A) assistance in securing medical testing

24 and diagnostic services necessary to establish

25 the existence of a covered illness; and
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1 (B) such other assistance as may be re2 quired to develop facts pertinent to the claim;

3 and

4 (2) provide such information to the authority

5 with responsibility for the allowance of claims under

6 section 216, or for review thereof under sections 217

7 and 218, as such authority may request for purposes

8 of determining eligibility for or amount of compensa9 tion or benefits under the claim, or verifying other

10 information with respect thereto.

11 (d) ASSISTANCE FOR POTENTIAL CLAIMANTS.—The

12 Secretary of Labor and the Secretary of Energy shall take

13 appropriate actions to inform and assist covered employees

14 who are potential claimants under this subtitle, and other

15 potential claimants under this subtitle, of the availability

16 of compensation and benefits under this subtitle, including

17 actions to—

18 (1) ensure the ready availability, in paper and

19 electronic format, of forms necessary for making

20 claims;

21 (2) provide such covered employees and other

22 potential claimants with information and other sup23 port necessary for making claims, including—
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1 (A) medical protocols for medical testing

2 and diagnosis to establish the existence of a

3 covered illness; and

4 (B) lists of vendors approved for providing

5 laboratory services related to such medical test6 ing and diagnosis;

7 (3) pay or reimburse such covered employees

8 and other potential claimants for the costs of med9 ical testing and diagnostic services necessary to es10 tablish the existence of a covered illness, including

11 use of payment vouchers for that purpose; and

12 (4) provide such additional assistance to such

13 covered employees and other potential claimants as

14 may be required for the development of facts perti15 nent to a claim.

16 (e) INFORMATION FROM CONTRACTORS AND URA17 NIUM VENDORS.—As part of the assistance provided

18 under subsections (c) and (d), the Secretary of Energy

19 shall, upon the request of the Secretary of Labor, require

20 a Department of Energy contractor or Department of En21 ergy uranium vendor to provide information relevant to

22 a claim or potential claim under this subtitle to the Sec23 retary of Labor.
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1 SEC. 212. ALTERNATIVE COMPENSATION AND BENEFITS.

2 (a) ELECTION OF COVERED EMPLOYEES.—(1) Sub3 ject to the provisions of this section, a covered employee

4 described in paragraph (2) may elect to receive compensa5 tion in the amount of $200,000, as adjusted from time

6 to time pursuant to section 8146a(a) of title 5, United

7 States Code, together with medical services and benefits

8 specified in section 8103(a) of title 5, United States Code,

9 in lieu of any other compensation and benefits which the

10 covered employee might otherwise be allowed under this

11 subtitle.

12 (2) A covered employee described in this paragraph

13 is any covered employee who—

14 (A) was exposed to ionizing radiation, silica, or

15 a hazardous substance in the performance of duty;

16 and

17 (B) establishes the existence of a covered ill18 ness.

19 (b) ELECTION OF SURVIVORS.—(1) Subject to the

20 provisions of this section, if a covered employee otherwise

21 eligible to make an election authorized by subsection (a)

22 dies before the date of the enactment of this Act, or before

23 making the election, whether or not the death is the result

24 of a covered illness, a survivor of the covered employee

25 (on behalf of the survivor and any other survivors of the

26 covered employee) may elect to receive compensation
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1 under that subsection in lieu of any other compensation

2 or benefits which such survivors might otherwise be al3 lowed under this subtitle.

4 (2) The right to make an election under paragraph

5 (1) shall be afforded to the survivors of a covered employee

6 in the order of precedence set forth in section

7 8109(a)(3)(D) of title 5, United States Code.

8 (c) TIMING OF ELECTION.—An election to receive

9 compensation and benefits under this section may be made

10 at any time after the submittal under this subtitle of the

11 claim on which such compensation and benefits is based,

12 but not later than 30 days after the date of the allowance

13 or denial of the claim by the Secretary of Labor under

14 section 216.

15 (d) IRREVOCABILITY OF ELECTION.—(1) An election

16 under this section when made is irrevocable.

17 (2) An election under this section by a covered em18 ployee is binding on any survivors of the covered employee.

19 (e) PROHIBITION ON ADDITIONAL BENEFITS.—

20 When a covered employee, or the survivor of a covered em21 ployee, elects to receive compensation and benefits under

22 this section for a covered illness, no other compensation

23 or benefits may be paid or provided under this subtitle

24 on account of the covered illness, or any other covered ill25 ness, of the covered employee.
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1 SEC. 213. EXPOSURE TO IONIZING RADIATION, SILICA, AND

2 OTHER HAZARDOUS SUBSTANCES IN THE

3 PERFORMANCE OF DUTY.

4 (a) EXPOSURE TO IONIZING RADIATION.—For pur5 poses of this subtitle, in the absence of substantial evi6 dence to the contrary, a covered employee shall be treated

7 as having been exposed to ionizing radiation in the per8 formance of duty if—

9 (1) the covered employee was employed at a De10 partment of Energy facility, or was present at such

11 a facility because of employment by the United

12 States, a Department of Energy contractor, or a De13 partment of Energy uranium vendor, for an aggre14 gate period of at least one year; and

15 (2) during such employment, the covered

16 employee—

17 (A) was monitored through the use of do18 simetry badges for exposure to ionizing radi19 ation, or would have been monitored for such

20 exposure had requirements, standards, or both,

21 in existence as of the date of the enactment of

22 this Act been in force during such employment;

23 or

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

25 the Secretary of Energy by regulation, resulted

26 in exposure to radiation.
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1 (b) EXPOSURE TO HAZARDOUS SUBSTANCES.—For

2 purposes of this subtitle, in the absence of substantial evi3 dence to the contrary, a covered employee shall be treating

4 as having been exposed to a hazardous substance in the

5 performance of duty if—

6 (1) the covered employee was employed at a De7 partment of Energy facility, or was present at such

8 a facility because of employment by the United

9 States, a Department of Energy contractor, or a De10 partment of Energy uranium vendor, for an aggre11 gate period of at least one year; and

12 (2) the covered employee—

13 (A) during such employment, was mon14 itored for exposure to the hazardous substance,

15 or would have been monitored for such exposure

16 had requirements, standards, or both, in exist17 ence as of the date of the enactment of this Act

18 been in force during such employment; or

19 (B) provides a work history of such em20 ployment that demonstrates exposure to the

21 hazardous substance during such employment.

22 (c) EXPOSURE TO SILICA.—For purposes of this sub23 title, in the absence of substantial evidence to the con24 trary, a covered employee shall be treated as having been
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1 exposed to silica in the performance of duty if the covered

2 employee—

3 (1) was employed at a Department of Energy

4 facility, or was present at such a facility because of

5 employment by the United States or a Department

6 of Energy contractor for an aggregate period of at

7 least one year; and

8 (2) during such employment, was employed in

9 a work setting with known or probable silica expo10 sure.

11 SEC. 214. AUTHORITY TO SPECIFY ADDITIONAL ILLNESSES

12 ASSOCIATED WITH EXPOSURE TO RADIATION

13 AND HAZARDOUS SUBSTANCES.

14 (a) AUTHORITY.—The Secretary of Energy may from

15 time to time, and in consultation with the Secretary of

16 Labor, specify for purposes of section 201(a)(6) medical

17 conditions or diseases associated with exposure to ionizing

18 radiation or hazardous substances not previously listed or

19 specified for purposes of such section.

20 (b) INFORMATION.—In specifying medical conditions

21 and diseases under subsection (a), the Secretary of Energy

22 may rely upon the most current list of presumed occupa23 tional diseases established under section 243.
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1 SEC. 215. SUBMITTAL OF CLAIMS.

2 (a) CLAIM REQUIRED.—Except as otherwise provided

3 in this section, a claim for compensation and benefits

4 under this subtitle shall be submitted to the Secretary of

5 Labor in the manner specified in section 8121 of title 5,

6 United States Code.

7 (b) GENERAL TIME LIMITATIONS.—A claim for com8 pensation and benefits under this subtitle shall be filed

9 under this section not later than the later of—

10 (1) seven years after the date of the enactment

11 of this Act; or

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

13 becomes aware that a covered illness or death from

14 covered illness of a covered employee may be con15 nected to the exposure of the covered employee to

16 ionizing radiation or a hazardous substance in the

17 performance of duty.

18 (c) NEW PERIOD FOR ADDITIONAL ILLNESSES AND

19 CONDITIONS.—A new period of limitation under sub20 section (b)(2) shall commence with each diagnosis of a

21 covered illness that is different from a previously diag22 nosed covered illness.

23 (d) TREATMENT OF CERTAIN CLAIMS.—For pur24 poses of subsection (b), the filing of a disability claim for

25 a covered illness shall be treated as the filing of a death

26 claim for such covered illness.
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1 SEC. 216. ALLOWANCE OR DENIAL OF CLAIMS BY THE SEC2 RETARY OF LABOR.

3 (a) IN GENERAL.—(1) The Secretary of Labor shall

4 allow or deny each claim for compensation and benefits

5 submitted under section 215.

6 (2) The Secretary may allow or deny a claim, in whole

7 or in part.

8 (b) STANDARD OF REVIEW.—The Secretary of Labor

9 shall allow a claim under subsection (a) if the Secretary

10 finds that a disability or death of a covered employee as

11 specified in the claim resulted from a covered illness sus12 tained by the covered employee by reason of exposure to

13 ionizing radiation or a hazardous substance in the per14 formance of duty. Otherwise, the Secretary shall deny the

15 claim.

16 (c) FINDINGS OF FACT.—(1) In allowing or denying

17 a claim under this section, the Secretary of Labor shall

18 make findings of fact with respect to the claim.

19 (2) For purposes of making findings with respect to

20 a claim, the Secretary of Labor—

21 (A) shall consider the claim, the results of any

22 medical test or diagnosis undertaken to establish the

23 existence of a covered illness, and any report fur24 nished by the Secretary of Energy with respect to

25 the claim; and
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1 (B) may conduct such investigation as the Sec2 retary of Labor considers appropriate.

3 (d) AVAILABLE AUTHORITIES.—In carrying out ac4 tivities under subsection (c), the Secretary of Labor may

5 utilize the authorities available to the Secretary under sec6 tions 8123, 8125, and 8126 of title 5, United States Code.

7 (e) DEADLINE.—The Secretary of Labor shall allow

8 or deny a claim under this section not later than 120 days

9 after the date of the submittal of the claim to the Sec10 retary under section 215.

11 (f) SERVICE OF DECISION.—The Secretary of Labor

12 shall have served upon a claimant the Secretary’s decision

13 allowing or denying a claim under this section and any

14 findings of fact in support of such decision.

15 (g) FINALITY.—Unless a hearing is requested pursu16 ant to section 217(a), the decision to allow or deny a claim

17 under this section, and any findings in support of such

18 decision, shall become final and conclusive at the end of

19 the 30-day period beginning on the date of service with

20 respect to the claim under subsection (f).

21 SEC. 217. REVIEW BY ADMINISTRATIVE LAW JUDGES OF AC22 TIONS ON CLAIMS BY THE SECRETARY OF

23 LABOR.

24 (a) IN GENERAL.—A claimant for compensation and

25 benefits under this subtitle is entitled, upon request made
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1 by the claimant to the Secretary of Labor, to the review

2 by an administrative law judge appointed under section

3 3105 of title 5, United States Code, of the decision to

4 allow or deny a claim, and of any findings of fact in sup5 port of such decision, by the Secretary of Labor under

6 section 216.

7 (b) TIMING OF REQUESTS FOR REVIEW.—(1) Except

8 as provided in paragraph (2), a request under subsection

9 (a) with respect to a claim shall be made not later than

10 the end of the 30-day period beginning on the date of serv11 ice by the Secretary of Labor with respect to the claim

12 under section 216(f).

13 (2) An administrative law judge may extend the pe14 riod for requesting a review under paragraph (1) upon pe15 tition of a claimant and good cause shown.

16 (c) HEARINGS.—(1) An administrative law judge

17 shall hold a hearing on each review requested under sub18 section (a).

19 (2) Except as provided in paragraphs (3) and (4),

20 any hearing under this subsection shall be conducted in

21 accordance with the provisions of section 554 of title 5,

22 United States Code.

23 (3) A claimant may introduce at a hearing with re24 spect to a claim under paragraph (1) evidence not pre25 viously presented in support of the claim.
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1 (4) The parties to a hearing under this subsection

2 shall be strictly limited to a claimant and the Secretary

3 of Labor (or the Secretary’s designee).

4 (d) POWERS AND DUTIES OF ALJ.—An administra5 tive law judge shall, in the conduct of a hearing under

6 subsection (c) and otherwise in the review of a claim under

7 subsection (a), have the following powers, duties, and re8 sponsibilities:

9 (1) The powers, duties, and responsibilities

10 vested in the Secretary of Labor by section

11 8124(b)(2) of title 5, United States Code.

12 (2) The power to preserve and enforce order

13 during hearings.

14 (3) The power to issue subpoenas for, to admin15 ister oaths to, and to compel the attendance and tes16 timony of witnesses, or the production of books, pa17 pers, documents, and other evidence, or the taking

18 of depositions before any designated individual com19 petent to administer oaths.

20 (4) The power to examine witnesses.

21 (5) The power to do any other thing authorized

22 by law that the administrative law judge considers

23 appropriate for the effective discharge of responsibil24 ities under this section.
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1 (e) CONTUMACY.—If any person in proceedings be2 fore an administrative law judge under this section dis3 obeys or resists any lawful order or process, or misbehaves

4 during a hearing or so near the place thereof as to ob5 struct the same, or neglects to produce, after having been

6 ordered to do so, any pertinent book, paper, or document,

7 or refuses to appear after having been subpoenaed, or

8 upon appearing refuses to take the oath as a witness, or

9 after having taken the oath refuses to be examined accord10 ing to law, the administrative law judge shall certify the

11 facts to the district court of the United States having ju12 risdiction in the place in which the administrative law

13 judge is sitting (or to the United States District Court

14 for the District of Columbia if the administrative law

15 judge is sitting in such District) which shall thereupon in

16 a summary manner hear the evidence as to the acts com17 plained of, and, if the evidence so warrants, punish such

18 person in the same manner and to the same extent as for

19 a contempt committed before the court, or commit such

20 person upon the same conditions as if the doing of the

21 forbidden act had occurred with reference to the process

22 of or in the presence of the court.

23 (f) CLOSURE OF RECORD.—The record on a hearing

24 under this section shall close at the conclusion of the hear25 ing, except when the administrative law judge grants, for
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1 good cause, an extension not to exceed 30 days for the

2 submission of additional evidence and argument.

3 (g) DECISION.—(1) Not later than 45 days after the

4 closing of the record on a claim under subsection (f), but

5 in no event later than 180 days after receipt of the claim6 ant’s request for a hearing on the claim, the administra7 tive law judge shall make a decision on the claim.

8 (2) In a decision under this subsection and in accord9 ance with the facts found on review of a claim, an adminis10 trative law judge may terminate, decrease, or increase the

11 compensation or benefits previously allowed on the claim,

12 or allow compensation or benefits previously refused or

13 discontinued.

14 (h) SERVICE OF DECISION.—(1) An administrative

15 law judge shall file with the Secretary of Labor a copy

16 of each decision made by the administrative law judge

17 under subsection (g).

18 (2) An administrative law judge shall have served on

19 the claimant the decision made by the administrative law

20 judge with respect to the claim under that subsection, in21 cluding the basis of such decision.

22 (i) EFFECTIVE DATE OF DECISION.—Unless ap23 pealed to the Benefits Review Board under section 218,

24 the decision of an administrative law judge, including any
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1 allowance as a result thereof, on a claim under this section

2 shall—

3 (1) become effective upon filing of the decision

4 with the Secretary of Labor and service upon the

5 claimant under subsection (h); and

6 (2) become final and conclusive at the end of

7 the 30-day period beginning on the date of such

8 service.

9 SEC. 218. REVIEW OF ADMINISTRATIVE LAW JUDGE DECI10 SIONS BY BENEFITS REVIEW BOARD AND

11 UNITED STATES COURTS OF APPEALS.

12 (a) IN GENERAL.—A claimant aggrieved by the deci13 sion of an administrative law judge under section 217 may

14 seek review of the decision by the Benefits Review Board

15 established by section 21(b) of the Longshore and Harbor

16 Workers’ Compensation Act (33 U.S.C. 921(b)).

17 (b) TIMING OF REQUESTS FOR REVIEW.—(1) Except

18 as provided in paragraph (2), a request under subsection

19 (a) for the review of a decision shall be made not later

20 than the end of the 30-day period beginning on the effec21 tive date of the decision under section 217(i)(1).

22 (2) The Benefits Review Board may extend the pe23 riod for requesting the review of a decision under para24 graph (1) by not more than 30 additional days, upon peti25 tion of the claimant and good cause shown.
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1 (c) POWERS AND DUTIES OF BENEFITS REVIEW

2 BOARD.—(1) Except as provided in paragraph (2), the

3 Benefits Review Board is authorized to hear and deter4 mine a request for a review of a decision under this section

5 in accordance with and pursuant to the authority vested

6 in the Board by section 21(b) of the Longshore and Har7 bor Workers’ Compensation Act.

8 (2) The parties to a proceeding under this subsection

9 shall be strictly limited to a claimant and the Secretary

10 of Labor (of the Secretary’s designee).

11 (d) DEADLINE FOR FINAL DETERMINATION.—The

12 Benefits Review Board shall make its final determination

13 with regard to the review of a decision under this section

14 not later than 240 days after the receipt of the request

15 for the review under subsection (a).

16 (e) REVIEW OF FINAL DETERMINATION BY UNITED

17 STATES COURTS OF APPEALS.—(1) A claimant adversely

18 affected or aggrieved by a final determination of the Bene19 fits Review Board under subsection (d) may obtain review

20 of the final determination in the United States court of

21 appeals for the circuit in which the claimant resides.

22 (2) The review of a final determination by the United

23 States court of appeals under paragraph (1) shall be gov24 erned by the provisions of section 21(c) of the Longshore

25 and Harbor Workers’ Compensation Act.
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1 SEC. 219. RECONSIDERATION OF CLAIMS.

2 (a) NEW EVIDENCE.—Notwithstanding any other

3 provision of this subtitle, a claimant or, in the case of de4 ceased covered employee who was a claimant, a survivor

5 of such covered employee, may obtain reconsideration of

6 a decision denying the claim under this subtitle based on

7 new evidence.

8 (b) PROCEDURES FOR RECONSIDERATION.—The

9 submittal of an application for reconsideration of a claim

10 under subsection (a) shall be treated as the submittal of

11 a claim under section 215 for purposes of this subtitle,

12 except that the limitations specified in subsection (b) of

13 that section shall not apply to the reconsideration of the

14 claim under this section.

15 SEC. 220. ADMINISTRATIVE MATTERS RELATING TO DECI16 SIONS ON CLAIMS.

17 (a) FAILURE TO ACT.—The failure of an authority

18 specified in section 216, 217, or 218 to make a decision

19 on a claim within the time period required for the decision

20 under the applicable section shall result in a decision in

21 favor of the claimant on the claim under such section.

22 (b) RESOLUTION OF REASONABLE DOUBT.—Any

23 reasonable doubt with regard to whether or not a claim

24 meets requirements of this subtitle applicable to the claim

25 shall be resolved in favor of the claimant.
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1 (c) USE OF PHYSICIAN SERVICES.—In securing med2 ical testing and diagnostic services to establish the exist3 ence of a covered illness under this subtitle, a claimant

4 may utilize a physician of the claimant’s choice, or a physi5 cian sponsored by the Department of Energy or the em6 ployer concerned, if available.

7 (d) PRODUCTION OF INFORMATION.—(1) A claimant

8 may commence an action in the appropriate district court

9 of the United States against the Department of Energy

10 or any Department of Energy contractor or Department

11 of Energy uranium vendor to compel the production of in12 formation or documents requested by the Secretary of

13 Labor, an administrative law judge, or the Benefits Re14 view Board under this subtitle if such information or docu15 ments are not provided within 60 days after the date of

16 the request.

17 (2) Upon successful resolution of any action brought

18 under this subsection, the court shall award the claimant

19 reasonable attorney fees and costs.

20 (3) Any costs awarded against the Department of

21 Energy, a Department of Energy contractor, or Depart22 ment of Energy uranium vendor shall be considered costs

23 incurred by the Secretary of Energy, Department of En24 ergy contractor, or Department of Energy uranium ven25 dor, as the case may be, which may not be payable from
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1 amounts in the Nuclear Employees’ Radiation Compensa2 tion Fund.

3 (e) NO RIGHT OF REVIEW IN UNITED STATES, CON4 TRACTORS, OR VENDORS.—(1) Sections 217 and 218 shall

5 not be construed to confer upon the Secretary of Energy

6 or the Secretary of Labor, any Department of Energy con7 tractor, or any Department of Energy uranium vendor any

8 right to a hearing or review on a matter covered by such

9 sections.

10 (2) In any review under section 217 or 218 of a deci11 sion of the Secretary of Labor under section 216, the Sec12 retary of Labor (or the Secretary’s designee) may appear

13 before an administrative law judge, the Benefits Review

14 Board, or a United States court of appeals for purposes

15 of explaining the Secretary’s decision under section 216.

16 SEC. 221. REPRESENTATION OF CLAIMANTS.

17 (a) IN GENERAL.—A claimant may authorize an at18 torney to represent the claimant in any proceeding under

19 this subtitle.

20 (b) ATTORNEY FEES AND COSTS IN LATER PRO21 CEEDINGS.—(1) If a claimant in a proceeding under sec22 tion 217 or 218 who is represented by an attorney in such

23 proceeding is successful in such proceeding, there shall be

24 awarded, in addition to any allowance of compensation

25 and benefits under this subtitle, reasonable attorney fees
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1 and costs associated with such proceeding as approved by

2 the administrative law judge, the Benefits Review Board,

3 or court in such proceeding.

4 (2) If a claimant described in paragraph (1) is suc5 cessful in a proceeding covered by that paragraph by rea6 son of a finding that the denial of the claim of the claim7 ant under section 216 was arbitrary and capricious, the

8 claimant shall be awarded, in addition to any award of

9 attorney fees and costs under that paragraph, an amount

10 equal to 10 percent per year on the claim for each year

11 from the date of the original denial of the claim.

12 (3)(A) Except as provided in subparagraph (B), any

13 award of attorney fees and costs under paragraph (1) shall

14 be paid from the Nuclear Employees’ Radiation Com15 pensation Fund directly to the attorney in a lump sum

16 after the order on which the award is based becomes final.

17 (B) Any award of attorney fees, costs, and other

18 amounts under this subsection for a claimant described

19 in paragraph (2) shall be considered costs incurred by the

20 Secretary of Labor, and shall not be paid from the Nuclear

21 Employees’ Radiation Compensation Fund.

22 (c) LIMITATION ON CHARGES FOR SERVICES COV23 ERED BY AWARD OF ATTORNEY FEES.—(1) An attorney

24 awarded attorney fees under this section for services pro25 vided with respect to a proceeding may not collect from
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1 the claimant, whether directly or indirectly, for such serv2 ices.

3 (2) Whoever violates paragraph (1) shall be subject

4 to a civil fine of not more than $5,000, imposed by the

5 Secretary of Labor.

6 (3) Any amounts collected under paragraph (2) shall

7 be deposited in the Nuclear Employees’ Radiation Com8 pensation Fund.

9 SEC. 222. COMPUTATION OF PAY FOR PURPOSES OF PAY10 MENT OF COMPENSATION.

11 For purposes of this subtitle, the monthly pay of a

12 covered employee shall be computed in accordance with

13 section 8114 of title 5, United States Code.

14 SEC. 223. TREATMENT OF COMPENSATION AND BENEFITS.

15 (a) IN GENERAL.—Any compensation or benefits al16 lowed, paid, or provided under this subtitle—

17 (1) shall not be considered income for purposes

18 of the Internal Revenue Code, and shall not be sub19 ject to Federal income tax under the internal rev20 enue laws of the United States;

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

22 for purposes of determining eligibility to receive ben23 efits described in section 3803(c)(2)(C) of title 31,

24 United States Code, or the amount of those benefits;

25 and
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1 (3) shall not be subject to offset under chapter

2 37 of title 31, United States Code.

3 (b) INSURANCE.—(1) Compensation or benefits paid

4 or provided under this subtitle shall not be considered as

5 any form of compensation or reimbursement for a loss for

6 purposes of imposing liability on the individual receiving

7 the compensation or benefits to repay any insurance car8 rier for insurance payments made.

9 (2) The payment or provision of compensation or ben10 efits under this subtitle shall not be treated as affecting

11 any claim against an insurance carrier with respect to in12 surance.

13 SEC. 224. EFFECT OF RECEIPT OF COMPENSATION AND

14 BENEFITS ON RIGHT TO RECEIVE CERTAIN

15 OTHER BENEFITS.

16 (a) REMUNERATION FROM THE FEDERAL GOVERN17 MENT.—While a covered employee described in section

18 201(a)(5)(C) is receiving compensation or benefits under

19 this subtitle, or if the covered employee has been paid com20 pensation in a lump sum in commutation of installment

21 payments, until the expiration of the period during which

22 the installment payments would have continued pursuant

23 to section 8135 of title 5, United States Code, the covered

24 employee may not receive salary, pay, or remuneration of

25 any type from the United States, except—
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1 (1) in return for service actually performed;

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

3 Air Force;

4 (3) benefits administered by the Secretary of

5 Veterans Affairs, unless such benefits are payable

6 for the same covered illness or death;

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

8 equivalent pay for service in the Armed Forces or

9 any other uniformed service; and

10 (5) retirement benefits under subchapter III of

11 chapter 83 of title 5, United States Code, or other

12 retirement system for employees of Federal or State

13 government.

14 (b) ELECTION OF FEDERAL BENEFITS.—(1) An in15 dividual who is allowed compensation or benefits under

16 this subtitle for a covered illness or death of a covered

17 employee described in section 201(a)(5)(C) and who is en18 titled to receive benefits from the United States under a

19 provision of law other than this subtitle for the covered

20 illness or death (except proceeds of an insurance policy),

21 because of service by the covered employee (or in the case

22 of death, by the deceased) as an employee of the Federal

23 Government or as a member in the Armed Forces, shall

24 elect to receive compensation or benefits under this sub25 title or benefits under such other provision of law.
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1 (2) An individual described in paragraph (1) shall

2 make the election provided for in that paragraph within

3 the time allowed by the Secretary of Labor by regulation.

4 (3)(A) An election under paragraph (1) when made

5 is irrevocable, except—

6 (i) when otherwise provided by statute; and

7 (ii) when compensation or benefits under this

8 subtitle, or benefits under such other provision of

9 law, are modified by a law enacted after the date of

10 the enactment of this Act.

11 (B) The Secretary of Labor shall provide for the

12 manner and time of any election arising under subpara13 graph (A)(ii).

14 (c) STATE WORKERS’ COMPENSATION.—(1) Subject

15 to paragraph (2), an individual who is allowed compensa16 tion or benefits under this title for a covered illness or

17 death of a covered employee and who is entitled to receive

18 benefits because of the covered illness or death from a

19 State workers’ compensation system shall elect—

20 (A) to receive compensation and benefits under

21 this title; or

22 (B) to receive compensation and benefits in

23 part under this title and in part under the State

24 workers’ compensation system as provided for under

25 subsection (d).
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1 (2) An election shall not be required under paragraph

2 (2) if—

3 (A) at the time of injury, the State workers’

4 compensation coverage for the covered employee was

5 secured by a policy or contract of insurance; and

6 (B) the Secretary of Labor waives the require7 ment to make the election.

8 (3) An individual required to make an election pro9 vided for under paragraph (1) shall make the election

10 within the time allowed by the Secretary of Labor by regu11 lation.

12 (4)(A) An election under paragraph (1) when made

13 is irrevocable, unless the level of compensation or benefits

14 under this title, or under the applicable workers’ com15 pensation system referred to in that paragraph, is modi16 fied by a law enacted after the date of the enactment of

17 this Act.

18 (B) The Secretary of Labor shall provide for the

19 manner and time of any election arising under subpara20 graph (A).

21 (d) PREVIOUS AWARD UNDER STATE WORKERS’

22 COMPENSATION OR INSURANCE.—(1) An individual who

23 has been awarded workers compensation on a claim, or

24 entered into a settlement of a claim, under a State work25 ers’ compensation system or insurance for an occupational
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1 disease or prospective occupational disease arising out of

2 the exposure of a covered employee at a Department of

3 Energy facility may file a claim for compensation and ben4 efits under this title.

5 (2) The amount of compensation payable under this

6 title to an individual described in paragraph (1) shall be

7 the amount to which the individual is otherwise entitled

8 under this title minus the amount of any workers’ com9 pensation benefits provided under paragraph (1) as the

10 amount of such benefits are adjusted for inflation in con11 stant dollars in the year in which compensation payable

12 under this title commences.

13 (e) COORDINATION OF FEDERAL AND STATE BENE14 FITS.—An individual who elects under subsection

15 (c)(1)(B) to receive compensation and benefits in part

16 under this title and in part under a State workers’ com17 pensation system shall receive under this subtitle the com18 pensation and benefits to which the individual is entitled

19 under this title reduced by the amount of any workers’

20 compensation benefits that the individual receives or will

21 receive under the State workers’ compensation system

22 during the period that compensation and benefits are pro23 vided under this title, except that the amount of such re24 duction shall not include an amount equal to the reason25 able costs (including legal and medical costs not reim-
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1 bursed under this title), as determined by the Secretary

2 of Labor by regulation, incurred by the individual of ob3 taining such compensation and benefits.

4 SEC. 225. SATISFACTION OF CLAIMS AGAINST THE UNITED

5 STATES, DEPARTMENT OF ENERGY CONTRAC6 TORS, AND DEPARTMENT OF ENERGY URA7 NIUM VENDORS.

8 The receipt by an individual of compensation and

9 benefits pursuant to the award of a claim under this sub10 title shall constitute full settlement of all claims against

11 the United States under chapter 171 of title 28, United

12 States Code (commonly referred to as the Federal Tort

13 Claims Act), or any other provision of law, or against the

14 Department of Energy contractor or Department of En15 ergy uranium vendor concerned, that arise of the exposure

16 of the covered employee concerned to ionizing radiation

17 or hazardous substances in the performance of duty.

18 SEC. 226. ASSIGNMENT OF CLAIMS.

19 (a) PROHIBITION.—A claim under this subtitle is not

20 assignable or transferable, and any assignment or other

21 transfer of such claim is void.

22 (b) ATTACHMENT.—Compensation paid under this

23 subtitle, and any claims therefor, are exempt from the

24 claims of any creditors.
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1 SEC. 227. FORFEITURE OF COMPENSATION AND BENEFITS

2 BY CONVICTED FELONS.

3 (a) FORFEITURE OF ELIGIBILITY FOR FRAUD IN

4 CONNECTION WITH BENEFITS.—(1) Any individual con5 victed of a violation of section 1920 of title 18, United

6 States Code, or any other Federal or State criminal stat7 ute relating to fraud in the application for or receipt of

8 compensation or benefits, whether under this subtitle or

9 under any other Federal or State workers’ compensation

10 program or system, shall forfeit as of the date of such

11 conviction any compensation or benefits to which such in12 dividual would otherwise be entitled for a covered illness

13 under this subtitle based on a time of injury on or before

14 the date of such conviction.

15 (2) Forfeiture for a conviction under paragraph (1)

16 shall be in addition to any action the Secretary of Labor

17 may take pursuant to section 8106 or 8129 of title 5,

18 United States Code, for the conviction.

19 (b) PROHIBITION ON BENEFITS DURING INCARCER20 ATION FOR FELONY.—(1) Notwithstanding any other pro21 vision of law and except as provided in paragraph (3), no

22 compensation or benefits may be paid or provided under

23 this subtitle to or for any individual during any period

24 during which such individual is confined in a jail, prison,

25 or other penal institution or correctional facility pursuant
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1 to such individual’s conviction of an offense that con2 stituted a felony under applicable law.

3 (2) An individual described in paragraph (1) may not

4 receive any benefits foregone under that paragraph for a

5 period of incarceration described in that paragraph after

6 the end of the period of incarceration.

7 (3)(A) If an individual described in paragraph (1) has

8 one or more dependents (as that term is defined in section

9 8110(a) of title 5, United States Code), the Secretary of

10 Labor may, during a period of incarceration of the indi11 vidual described in that paragraph, pay such dependents

12 a percentage of the compensation that would otherwise

13 have been payable to such individual under this subtitle.

14 (B) The amount of compensation payable under sub15 paragraph (A) shall be computed in accordance with para16 graphs (1) through (5) of section 8133(a) of title 5,

17 United States Code, except that for purposes of such para18 graphs, any reference to a ‘‘deceased employee’’ shall be

19 treated as any reference to the individual described in

20 paragraph (1), and a reference to ‘‘widow’’ or ‘‘widower’’

21 shall be treated as a reference to the spouse of the indi22 vidual.

23 (c) INFORMATION ON INCARCERATED INDIVID24 UALS.—(1) Notwithstanding any provision of section 552a

25 of title 5, United States Code, or any other provision of
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1 Federal law, any agency of the United States Government

2 shall make available to the Secretary of Labor, upon writ3 ten request, the names and Social Security account num4 bers of individuals who are confined in a jail, prison, or

5 other penal institution or correctional facility under the

6 jurisdiction of that agency, pursuant to the individuals’

7 conviction of an offense that constituted a felony under

8 applicable law.

9 (2) The Secretary of Labor may use information

10 made available to the Secretary under paragraph (1) solely

11 for purposes of carrying out this section.

12 SEC. 228. CIVIL SERVICE RETENTION RIGHTS.

13 If a former covered employee described in section

14 201(a)(5)(C) who is receiving compensation and benefits

15 under this subtitle resumes employment with the Federal

16 Government, the individual shall have the rights set forth

17 in section 8151 of title 5, United States Code, with respect

18 to such compensation and benefits, except that for pur19 poses of such section 8151, any reference to ‘‘compensa20 tion’’ shall be treated as a reference to compensation and

21 benefits under this subtitle.

22 SEC. 229. SUBROGATION OF THE UNITED STATES.

23 (a) IN GENERAL.—Except as otherwise provided in

24 this subtitle, if a covered illness or death for which com25 pensation or benefits are paid or provided under this sub-
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1 title is caused under circumstances creating a legal liabil2 ity in a person other than the United States to pay dam3 ages, sections 8131 and 8132 of title 5, United States

4 Code, shall apply.

5 (b) ADMINISTRATION.—(1) For purposes of this sec6 tion, any reference in section 8131 or 8132 of title 5,

7 United States Code, to the Employees’ Compensation

8 Fund shall be treated as a reference to the Nuclear Em9 ployees’ Radiation Compensation Fund.

10 (2) For the purposes of this section, the requirement

11 under section 8131(a) of title 5, United States Code, that

12 an employee required to appear as a party or witness in

13 the prosecution of an action described in that section is

14 in active duty status while so appearing shall only apply

15 to a covered employee described in section 201(a)(5)(C).

16 SEC. 230. OTHER ADMINISTRATIVE PROVISIONS.

17 (a) CRIMINAL PENALTIES FOR INTERFERENCE WITH

18 BENEFITS PROCESS.—(1) Whoever fails to provide infor19 mation, or knowingly provides false information, in re20 sponse to a request for information pursuant to subsection

21 (c), (d), or (e) of section 211 shall be fined, imprisoned,

22 or both, in accordance with section 1922 of title 18,

23 United States Code.

24 (2) Whoever induces, compels, or directs a covered

25 employee to forego filing a claim for compensation or ben-
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1 efits under this subtitle, or any extension or application

2 thereof, or willfully retains any notice, report, claim, or

3 paper which is required to be filed under this subtitle,

4 shall be fined, imprisoned, or both, in accordance with sec5 tion 1922 of title 18, United States Code.

6 (b) PROVISION OF INFORMATION TO CLAIMANTS.—

7 Any information with respect to a claim that is provided

8 to the Secretary of Labor under this subtitle by the Sec9 retary of Energy, any Department of Energy contractor,

10 or any Department of Energy uranium vendor shall also

11 be provided by the Secretary of Energy, such contractor,

12 or such vendor, as the case may be, to the claimant con13 cerned, at no cost to the claimant concerned and in man14 ner not inconsistent with the provisions of section 552a

15 of title 5, United States Code (commonly referred to as

16 the Privacy Act), unless the claimant concerned elects not

17 be provided such information.

18 (c) RECOVERY OF OVERPAYMENT OF CLAIMS.—The

19 provisions of section 8129 of title 5, United States Code,

20 shall apply with respect to any overpayment of compensa21 tion on a claim under this subtitle.
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1 Subtitle B—Other Illnesses

2 SEC. 241. COMPENSATION AND BENEFITS FOR OTHER ILL3 NESSES.

4 (a) ELIGIBILITY TO SUBMIT CLAIMS.—(1) Any cov5 ered employee who can establish that the exposure of such

6 covered employee to a hazardous substance at Department

7 of Energy facility or facility of a Department of Energy

8 contractor or Department of Energy uranium vendor was

9 a contributing factor to an illness or disease (other than

10 a covered illness) of such covered employee may submit

11 to the Secretary of Labor a claim for compensation and

12 benefits for such illness and disease under subtitle A.

13 (2) Any survivor of a deceased covered employee who

14 can establish that the exposure of such covered employee

15 to a hazardous substance at a facility referred to in that

16 paragraph was a contributing factor in the death (other

17 than death by reason of a covered illness) of such covered

18 employee may submit a claim to the Secretary for com19 pensation for such death under subtitle A.

20 (b) SUPPORT FOR CLAIMANTS.—(1) The Secretary of

21 Labor shall develop and provide to potential claimants

22 under subsection (a) a questionnaire suitable to provide

23 assistance to such potential claimants in identifying the

24 hazardous substances to which individuals were exposed

25 at facilities referred to in that subsection.
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1 (2) The Secretary of Labor shall assist potential

2 claimants in assembling documents and information ap3 propriate to support their claims. Such assistance shall in4 clude the provision of an opportunity for potential claim5 ants to identify and review documents and information

6 under the jurisdiction of the Department of Energy, De7 partment of Energy contractors, and Department of En8 ergy uranium vendors.

9 (3)(A) As part of the assistance provided under para10 graph (2), the Secretary of Labor may employ or enter

11 into contracts with appropriate individuals to act as

12 ombudspersons to assist potential claimants in preparing

13 and submitting claims.

14 (B) The Secretary of Labor, after consultation with

15 the Secretary of Energy, may also enter into cooperative

16 agreements with labor organizations at Department of En17 ergy facilities and facilities of Department of Energy con18 tractors and Department of Energy uranium vendors to

19 act as ombudspersons under this paragraph.

20 (C) Individuals or organizations acting as

21 ombubspersons under this paragraph shall provide assist22 ance in a geographic region designated by the Secretary

23 of Labor for that purpose.
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1 (D) No charge or fee may be imposed upon a poten2 tial claimant for any assistance provided under this para3 graph.

4 (c) RESOLUTION OF CLAIMS.—(1) Except as other5 wise provided in this subchapter, the resolution of any

6 claim submitted under subsection (a), including the pay7 ment or provision of compensation or benefits pursuant

8 to the allowance of the claim, shall be governed by the

9 provisions of subtitle A as if such claim had been sub10 mitted under that subtitle rather than subsection (a).

11 (2) In the case of any claim covered by section 242,

12 the Secretary of Labor may postpone the deadline in sec13 tion 216(e) for carrying out actions under section 216

14 pending the final evaluation of such claim under section

15 242.

16 SEC. 242. PROCEDURES RELATING TO CERTAIN DETER17 MINATIONS OF ELIGIBILITY FOR COMPENSA18 TION AND BENEFITS.

19 (a) IN GENERAL.—If the Secretary of Labor is un20 able, based on documents and information in a claim sub21 mitted under section 241, to make an affirmative deter22 mination that exposure to a hazardous substance identi23 fied in the claim was a contributing factor in the illness,

24 disease, or death associated with such exposure, the Sec25 retary of Labor shall forward the claim to the Secretary
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1 of Health and Human Services for evaluation under this

2 section.

3 (b) REFERRAL TO PANELS OF PHYSICIANS.—(1) Not

4 later than seven days after being forwarded a claim under

5 subsection (a), the Secretary of Health and Human Serv6 ices shall refer the claim to a panel of physicians appointed

7 under subsection (c).

8 (2) The Secretary of Health and Human Services

9 shall prescribe in regulations procedures for receiving, re10 ferring, and receiving in return claims forwarded to that

11 Secretary under paragraph (1).

12 (c) PANELS OF PHYSICIANS.—(1)(A) The Secretary

13 of Health and Human Services shall, in consultation with

14 the Association of Occupational Health Clinics, appoint

15 one or more panels of physicians to carry out evaluations

16 of claims under this section.

17 (B) Each panel shall consist of three physicians who

18 have demonstrated expertise in diagnosing occupational

19 illnesses.

20 (C) The number of panels appointed under this sub21 section shall be based on geographic need and on estimates

22 of the caseload of such panels under this section. The Sec23 retary of Health and Human Services shall evaluate such

24 need and make such estimates in consultation with the

25 Secretary of Labor.
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1 (2) Each member of a panel appointed under this

2 subsection shall be compensated at a rate equal to the

3 daily equivalent of the annual rate of basic pay prescribed

4 for level III of the Executive Schedule under section 5314

5 of title 5, United States Code, for each day (including

6 travel time) during which such member is engaged in the

7 performance of the duties of such panel.

8 (3) The Secretary of Health and Human Services

9 shall provide each panel appointed under this subsection

10 with such administrative support as such panel may re11 quire to carry out its duties under this section.

12 (4) The costs of a panel appointed under this sub13 section, including compensation of panel members under

14 paragraph (2), shall be paid from amounts transferred to

15 the Secretary of Labor under section 255(b).

16 (5) The Secretary of Health and Human Services

17 shall prescribe regulations relating to the activities of pan18 els under this section, including the provision of adminis19 trative support to such panels under paragraph (3).

20 (d) INFORMATION TO PANELS.—The Secretary of

21 Energy shall submit to the Secretary of Health and

22 Human Services who shall submit to panels of physicians

23 under subsection (c) information on—

24 (1) assessments over time of exposures to haz25 ardous substances at Department of Energy facili-
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1 ties and facilities of Department of Energy contrac2 tors and Department of Energy uranium vendors;

3 (2) reports on environment, safety, and health

4 practices at Department of Energy facilities and fa5 cilities of Department of Energy contractors and

6 Department of Energy uranium vendors; and

7 (3) the results of medical evaluations and lab8 oratory tests carried out under the program to mon9 itor Department of Energy workers under section

10 3162 of the National Defense Authorization Act for

11 Fiscal Year 1993 (42 U.S.C. 7274(i)).

12 (e) EVALUATION OF CLAIMS BY PANELS.—(1) A

13 panel of physicians to which a claim is referred under sub14 section (b) shall evaluate the claim, including any medical

15 records and work history associated with the claim, to de16 termine whether or not the exposure to a hazardous sub17 stance identified in the claim was a contributing factor

18 to the illness, disease, or death of the covered employee

19 as specified in the claim.

20 (2)(A) A panel shall determine under paragraph (1)

21 that exposure to a hazardous substance was a contributing

22 factor to an illness, disease, or death only if the panel

23 finds that the exposure was a substantial contributing fac24 tor to the illness, disease, or death.
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1 (B) For purposes of subparagraph (A), a panel shall

2 utilize the most current list of illnesses established under

3 section 243.

4 (3)(A) A panel shall, to the maximum extent prac5 ticable, complete the evaluation of a claim under this sub6 section not later than 60 days after the referral of the

7 claim to the panel.

8 (B) If a panel cannot complete the evaluation of a

9 claim within the time provided under subparagraph (A),

10 the panel shall notify the Secretary of Labor and the

11 claimant of the date by which the panel shall complete

12 evaluation of the claim.

13 (C) In the case of a claim described in subparagraph

14 (A), the panel concerned shall notify the Secretary of

15 Labor once every 60 days of the progress of the panel in

16 evaluating the claim until completion of the evaluation of

17 the claim.

18 (4) In evaluating a claim, a panel may secure the

19 services and advice of medical specialists with expertise

20 on matters relating to the claim.

21 (5) A claimant shall, upon request to the Secretary

22 of Labor, have an opportunity to submit to a panel addi23 tional medical information or other information on the

24 claim, and the panel shall take such information into ac25 count in its evaluation of the claim under this subsection.
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1 (6)(A) In furtherance of the evaluation of a claim,

2 a panel may, upon request to the Secretary of Labor, re3 quest that a covered employee undergo diagnostic tests

4 specified by the panel.

5 (B) In furtherance of the evaluation of a claim, a

6 panel may also, upon request to the Secretary of Labor,

7 request that the Secretary of Energy, a Department of

8 Energy contractor, or a Department of Energy uranium

9 vendor provide the panel appropriate additional informa10 tion regarding the claim.

11 (C) In furtherance of the evaluation of a claim, a

12 panel may also—

13 (i) require additional diagnostic testing or phy14 sician’s examination; and

15 (ii) request from the Secretary of Energy a list

16 of all hazardous substances to which covered employ17 ees were exposed at Department of Energy facilities

18 and facilities of Department of Energy contractors

19 and Department of Energy uranium vendors.

20 (D)(i) Members of a panel that receive Restricted

21 Data or Formerly Restricted Data under subparagraph

22 (C)(ii) shall hold security clearances appropriate for the

23 handling of such data.
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1 (ii) The Secretary of Energy shall expedite the

2 issuance of any security clearance required under clause

3 (i).

4 (iii) The Secretary of Energy shall assist any panel

5 receiving data under subparagraph (C)(ii) in protecting

6 the security of such data.

7 (f) EVALUATION WITH INADEQUATE EXPOSURE IN8 FORMATION.—If in evaluating a claim under this section,

9 a panel of physicians determines that information on the

10 exposure of a covered employee to a hazardous substance

11 is nonexistent or insufficient for purposes of such evalua12 tion, the panel shall evaluate the nature and degree of

13 risks of exposure to hazardous substances to which the

14 covered employee concerned may have been subject as fol15 lows:

16 (1) By identifying each job held by the covered

17 employee during the period covered by the claim, in18 cluding length of employment, type of employment

19 activities, types of exposures to hazardous sub20 stances associated with such employment, and length

21 of time exposed to such hazards.

22 (2) By determining whether adequate protective

23 equipment was available for each such exposure.

24 (3) By determining whether exposure to two or

25 more such hazards, and whether such multiple haz-
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1 ards, increases or increase the likelihood of a con2 nection between exposure and an illness or disease.

3 (4) By determining whether the covered em4 ployee was involved in an fire, explosion, accidental

5 release, or other accident involving such hazards.

6 (5) By determining whether similarly situated

7 employees have contracted similar illnesses or dis8 eases that are attributable to exposure to such haz9 ards.

10 (g) DETERMINATION ON CLAIM.—(1) Upon comple11 tion of an evaluation of a claim under this section, a panel

12 of physicians shall submit to the Secretary of Labor the

13 panel’s determination whether or not exposure to a haz14 ardous substance identified in the claim, or identified in

15 evidence during the course of the evaluation, was a con16 tributing factor in the illness, disease, or death associated

17 with such exposure as specified the claim.

18 (2) The Secretary of Labor shall submit a copy of

19 a determination under paragraph (1) to the claimant.

20 (h) USE OF DETERMINATIONS.—(1) The Secretary

21 of Labor shall take into account a determination made

22 with respect to a claim under this section in deciding the

23 claim under this subtitle.

24 (2) For purposes of deciding the claim, the Secretary

25 shall utilize the determination of the panel in lieu of any
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1 physicians examination that the Secretary would otherwise

2 have required under section 216(d).

3 (3) A claimant that disputes any determination of a

4 panel on a medical matter under this subsection may sub5 mit to the Secretary a qualified second opinion on that

6 matter. The Secretary shall pay any costs of obtaining

7 such second opinion.

8 SEC. 243. PRESUMED OCCUPATIONAL DISEASES.

9 (a) REQUIREMENT FOR LIST.—The Secretary of

10 Health and Human Services shall appoint an advisory

11 group for purposes of establishing a list of illnesses and

12 diseases that are presumed to be attributable to employ13 ment or work assignments at Department of Energy facili14 ties and facilities of Department of Energy contractors

15 and Department of Energy uranium vendors.

16 (b) MEMBERS OF ADVISORY GROUP.—The members

17 of the advisory group appointed under subsection (a) shall

18 include individuals who are experts in the fields of occupa19 tional medicine, internal medicine, toxicology, epidemi20 ology, health physics, and industrial hygiene worker com21 pensation programs, individuals who are current employ22 ees at facilities referred to in subsection (a), and individ23 uals who are former employees at such facilities.
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1 (c) MATTERS CONSIDERED.—In establishing a list of

2 illnesses and diseases under subsection (a), the advisory

3 group shall—

4 (1) base the list on occupational exposures to

5 hazardous substances in industrial or laboratory

6 processes similar to the processes utilized in the fa7 cilities referred to in subsection (a); and

8 (2) take account—

9 (A) the fact that nuclear weapons produc10 tion is classified as an ultrahazardous activity

11 under the Atomic Energy Act of 1954 (42

12 U.S.C. 2011 et seq.); and

13 (B) the fact that Department of Energy

14 has been self-regulating with respect to occupa15 tional health and safety.

16 (d) ESTABLISHMENT OF LIST.—(1) In establishing

17 a list of illnesses and diseases under subsection (a), the

18 advisory group shall—

19 (A) identify and categorize the types and pat20 terns of illnesses and diseases which are potentially

21 attributable to employment at facilities referred to in

22 subsection (a), including the illnesses and diseases

23 that have been identified in, through, or by—

24 (i) medical screening programs conducted

25 by the Office of Environment, Safety, and
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1 Health of the Department of Energy (including

2 the program to monitor Department of Energy

3 workers under section 3162 of the National De4 fense Authorization Act for Fiscal Year 1993

5 (42 U.S.C. 7274(i)));

6 (ii) other medical programs of the Depart7 ment of Energy, Department of Energy con8 tractors, and Department of Energy uranium

9 vendors;

10 (iii) appropriate health studies and health

11 evaluations of the National Institute of Occupa12 tional Safety and Health;

13 (iv) peer-reviewed epidemiology studies;

14 (v) Tiger Team reports;

15 (vi) the hearings relating to worker health

16 conducted by the Assistant Secretary of Energy

17 for Environment, Safety, and Health at Depart18 ment of Energy facilities in 1999 and 2000;

19 and

20 (vii) the public;

21 (B) take into account the reports of the Na22 tional Economic Council entitled ‘‘The Link Between

23 Exposure to Occupational Hazards’’ and ‘‘Illnesses

24 In the Department of Energy Contractor Workforce

25 and Benefits Available to Department of Energy
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1 Contractor Personnel From State Workers Com2 pensation Programs’’;

3 (C) identify and take into account presumptions

4 that are supported in the scientific and medical lit5 erature;

6 (D) evaluate site-specific histories of working

7 conditions, hazards, and processes unique to Depart8 ment of Energy facilities and facilities of Depart9 ment of Energy contractors and Department of En10 ergy uranium vendors, and the adequacy of protec11 tive measures provided to workers exposed to such

12 conditions and hazards over the history of operations

13 of such facilities;

14 (E) assess whether patterns of illnesses, dis15 eases, or symptoms exist that are potentially attrib16 utable to exposure to the working conditions and

17 hazards at Department of Energy facilities and fa18 cilities of Department of Energy contractors and

19 Department of Energy uranium vendors, including

20 the conditions and hazards evaluated under subpara21 graph (D);

22 (F) determine whether Department of Energy

23 employees (including employees of Department of

24 Energy contractors and Department of Energy ura25 nium vendors) were adequately informed of their ex-
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1 posure to working conditions and hazards at Depart2 ment of Energy facilities and facilities of Depart3 ment of Energy contractors and Department of En4 ergy uranium vendors, including the conditions and

5 hazards evaluated under subparagraph (D);

6 (G) evaluate and assess the relevance of pre7 sumptions of workplace causation have been estab8 lished in law or policy for workers similarly exposed

9 in other hazardous industries or occupations;

10 (H) evaluate whether and how many Depart11 ment of Energy employees (including employees of

12 Department of Energy contractors and Department

13 of Energy uranium vendors) were involved in acci14 dents where excessive exposures to hazardous sub15 stances occurred;

16 (I) determine whether Department of Energy

17 employees (including employees of Department of

18 Energy contractors and Department of Energy ura19 nium vendors) exposed to hazardous substances re20 ceived adequate follow-on emergency medical treat21 ment and monitoring and subsequent medical atten22 tion to determine their health impairment;

23 (J) determine whether Department of Energy

24 employees (including employees of Department of

25 Energy contractors and Department of Energy ura-
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1 nium vendors), without their knowledge and consent,

2 were placed at undue risk of exposure to hazardous

3 substances without adequate protections or moni4 toring; and

5 (K) take into account such other matters as the

6 advisory group considers appropriate.

7 (2) If under paragraph (1)(C) the advisory group

8 identifies an illness or disease identifiable by biological in9 dicators, the list under subsection (a) shall specify the di10 agnostic tests required to establish that exposure or inges11 tion of a particular substance or compound will contribute

12 to such illness or disease.

13 (3)(A) If under paragraph (1)(J) the advisory group

14 determines that covered employees were placed at undue

15 risk of exposure without their knowledge and consent, the

16 advisory group shall also determine whether fairness and

17 equity require that a presumption be established in favor

18 of compensation for such covered employees for any spe19 cific type of illness, disease, or impairment.

20 (B) The advisory group shall submit to the Secretary

21 of Health and Human Services a report on any determina22 tion under subparagraph (A). The Secretary shall trans23 mit to Congress any report submitted to the Secretary

24 under the preceding sentence.
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1 (e) FREQUENCY OF LIST.—The list required by sub2 section (a) shall be established not later than one year

3 after the date of the enactment of this Act, and shall be

4 updated not less often than annually thereafter.

5 (f) PUBLICATION.—The Secretary of Labor shall pro6 vide for the publication of the list required by subsection

7 (a), and of any update of the list under subsection (e),

8 in the Federal Register.

9 (g) USES OF LIST.—(1) The Secretary of Energy

10 may use the list established under subsection (a) for pur11 poses of the specification of additional medical conditions

12 and diseases under section 214.

13 (2) The Secretary of Labor may use the list for pur14 poses of resolving claims under this subtitle.

15 (3) Panels of physicians under section 242 may use

16 the list for purposes of evaluations of claims under that

17 section.

18 (4) The list may not be used for any purpose other

19 than a purpose specified in this subsection.

20 Subtitle C—General Provisions

21 SEC. 251. MEMORANDUM OF UNDERSTANDING.

22 (a) MEMORANDUM OF UNDERSTANDING.—Not later

23 than 120 days after the date of the enactment of this Act,

24 the Secretary of Energy shall enter into a memorandum

25 of understanding with the Secretary of Labor for purposes
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1 of the administration of this title by the Secretary of

2 Labor, including the utilization of Department of Labor

3 services and facilities for such purposes.

4 (b) INCLUDED MATTERS.—The memorandum of un5 derstanding shall provide for the transfer to the Secretary

6 of Labor of funds authorized to be appropriated for the

7 Department of Energy under section 255 in order to cover

8 costs incurred by the Secretary of Labor in the adminis9 tration of this title.

10 (c) EXCLUDED MATTERS.—The memorandum of un11 derstanding shall not cover activities of the Secretary of

12 Energy authorized under section 214 or activities of the

13 Secretary of Energy under section 242(e)(6)(D).

14 (d) DELEGATION OF RESPONSIBILITIES OF SEC15 RETARY OF LABOR.—The memorandum of understanding

16 shall permit the Secretary of Labor to delegate any func17 tions and responsibilities of that Secretary under the

18 memorandum of understanding to appropriate officers and

19 employees of the Department of Labor.

20 SEC. 252. REGULATIONS.

21 (a) DEPARTMENT OF LABOR.—Not later than 120

22 days after the date of the entry into the memorandum of

23 understanding required by section 251, the Secretary of

24 Labor shall prescribe regulations for purposes of the ad25 ministration of this title.
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1 (b) OTHER REGULATIONS.—Not later than 120 days

2 after the date of entry into the memorandum of under3 standing required by section 251—

4 (1) the Secretary of Energy shall prescribe the

5 regulations required under section 213(a)(2)(B); and

6 (2) the Secretary of Health and Human Serv7 ices shall prescribe the regulations required under

8 subsections (b) and (c) of section 242.

9 SEC. 253. NUCLEAR EMPLOYEES’ RADIATION COMPENSA10 TION FUND.

11 (a) ESTABLISHMENT.—There is hereby established

12 on the books of the Treasury of the United States a fund

13 to be known as the ‘‘Nuclear Employees’ Radiation Com14 pensation Fund’’ (in this section referred to as the

15 ‘‘Fund’’).

16 (b) ELEMENTS OF FUND.—There shall be deposited

17 in the Fund the following:

18 (1) Amounts appropriated for the Fund.

19 (2) Amounts that otherwise accrue to the Fund

20 under this title.

21 (c) AVAILABILITY.—(1) Amounts in the Fund may

22 be used for the provision of compensation and benefits and

23 other expenses authorized by this title in connection with

24 the provision of such compensation and benefits.
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1 (2) Amounts in the Fund shall not be available for

2 the payment of costs incurred in the administration of this

3 title.

4 (3) Amounts in the Fund shall remain available until

5 expended.

6 (d) ADMINISTRATION OF FUND.—(1) Not later than

7 45 days before the end of each quarter of a fiscal year,

8 the Secretary of Labor shall determine the following:

9 (A) Total cost of compensation and benefits

10 and other payments made from the Fund during the

11 preceding fiscal year quarter.

12 (B) The balance in the Fund as of the end of

13 the preceding fiscal year quarter.

14 (C) An estimate of the anticipated expenditures

15 from the Fund for the payment of compensation and

16 benefits and other payments under this title for each

17 of the two succeeding fiscal year quarters.

18 (2) The determination made under paragraph (1) in

19 the last quarter of a fiscal year under paragraph (1) shall

20 include, in addition to the matter required under that

21 paragraph, the following:

22 (A) The total cost of compensation and benefits

23 and other payments from the Fund during the pre24 ceding twelve months.
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1 (B) An estimate of the anticipated expenditures

2 from the Fund for the payment of compensation and

3 benefits and other payments for each of the two suc4 ceeding fiscal years.

5 SEC. 254. ANNUAL REPORT.

6 Not later than October 31 each year, the Secretary

7 of Labor shall submit to Congress a report on the adminis8 tration of this title during the preceding fiscal year. The

9 report shall include any determinations made under sec10 tion 253(d) during such fiscal year.

11 SEC. 255. AUTHORIZATION OF APPROPRIATIONS FOR

12 COSTS OF ADMINISTRATION.

13 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

14 hereby authorized to be appropriated for the Department

15 of Energy for each fiscal year after fiscal year 2000 such

16 sums as may be necessary in such fiscal year for the costs

17 of administration of this title by the Secretary of Labor.

18 (b) TRANSFER.—The Secretary of Energy shall, pur19 suant to the memorandum of understanding under section

20 251, transfer to the Secretary of Labor any amounts ap21 propriated pursuant to the authorization of appropriations

22 in subsection (a).

Æ