I
106TH CONGRESS
2D SESSION
H. R. 5189
To provide for the payment of compensation for certain individuals employed
in connection with Federal nuclear weapons programs who sustained
occupational illness in the line of duty, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 14, 2000
Mr. UDALL of Colorado (for himself, Mr. WHITFIELD, Mr. STRICKLAND, Mr.
GIBBONS, Mr. KANJORSKI, Mr. DUNCAN, Ms. KAPTUR, Mr. WAMP, Mr.
KLINK, Mr. JENKINS, Ms. BERKLEY, Mr. GORDON, Mr. CLEMENT, Mr.
HALL of Ohio, Mr. LUCAS of Kentucky, Mr. PHELPS, and Mr. BROWN
of Ohio) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Education
and the Workforce, and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To provide for the payment of compensation for certain
individuals employed in connection with Federal nuclear
weapons programs who sustained occupational illness in
the line of duty, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Energy Employees Oc-
cupational Illness Compensation Act of 2000’’.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Since World War II Federal nuclear activi-
ties have been explicitly recognized by the United
States Government as an ultra-hazardous activity
under Federal law. Nuclear weapons production and
testing involved unique dangers, including potential
catastrophic nuclear accidents that private insurance
carriers would not cover, as well as chronic expo-
sures to radioactive and hazardous substances, such
as beryllium and silica, that even in small amounts
could cause medical harm.
(2) Since the inception of the nuclear weapons
program and for several decades afterwards, large
numbers of nuclear weapons workers at Department
of Energy and at vendor sites who supplied the Cold
War effort were put at risk without their knowledge
and consent for reasons that, documents reveal, were
driven by fears of adverse publicity, liability, and
employee demands for hazardous duty pay.
(3) Numerous previous secret records docu-
mented unmonitored radiation, beryllium, silica,
heavy metals, and toxic substances’ exposures and
continuing problems at the Department of Energy
and vendor sites across the country, where since
World War II the Department of Energy and its
predecessors have been self-regulating with respect
to nuclear safety and occupational safety and health.
No other hazardous Federal activity has been per-
mitted to have such sweeping self-regulatory powers.
(4) The Department of Energy policy to litigate
occupational illness claims has deterred workers
from filing workers compensation claims and im-
posed major financial burdens for workers who
sought compensation. Department of Energy con-
tractors have been held harmless and the Depart-
ment of Energy workers were denied workers com-
pensation coverage for occupational disease.
(5) Over the past 20 years more than two
dozen scientific findings have emerged that indicate
that certain Department of Energy workers are ex-
periencing increased risks of dying from cancer and
non-malignant diseases at numerous facilities that
provided for the Nation’s nuclear deterrent. Several
of these studies also establish a correlation between
excess diseases and exposure to radiation, beryllium,
and silica.
(6) While linking exposure to occupational haz-
ards with the development of occupational disease is
sometimes difficult, scientific evidence supports the
conclusion that occupational exposure to dust par-
ticles or vapor of beryllium, even where there was
compliance with the standards in place at the time,
can cause beryllium sensitivity and chronic beryllium
disease. Furthermore, studies indicate that 98 per-
cent of radiation induced cancers within the Depart-
ment of Energy complex occur at dose levels below
existing maximum safe thresholds. Further, that
workers at Department of Energy sites were exposed
to silica, heavy metals, and toxic substances at levels
that will lead or contribute to illness and diseases.
(7) Existing information indicates that State
workers’ compensation programs are not a uniform
means to provide adequate compensation for the
types of occupational illnesses and diseases related
to the prosecution of the Cold War effort.
(8) The civilian men and women who performed
duties uniquely related to the Department of Ener-
gy’s nuclear weapons production and testing pro-
grams over the last 50 years should have efficient,
uniform, and adequate compensation for beryllium-
related health conditions, radiation-related health
conditions, and silica-related health conditions in
order to assure fairness and equity.
SEC. 3. CONSTRUCTION WITH OTHER LAWS.
References in this Act to a provision of another stat-
ute shall be considered as references to such provision, as
amended and as may be amended from time to time.
SEC. 4. DEFINITIONS.
(a) IN GENERAL.—In this Act:
(1) ATOMIC WEAPON.—The term ‘‘atomic weap-
on’’ has the meaning given that term in section 11d.
of the Atomic Energy Act of 1954 (42 U.S.C.
2014(d)).
(2) ATOMIC WEAPONS EMPLOYEE.—The term
‘‘atomic weapons employee’’ means an individual em-
ployed by an atomic weapons employer during a time
when the employer was processing or producing, for
the use by the United States, material that emitted
radiation and was used in the production of an
atomic weapon, excluding uranium mining and mill-
ing.
(3) ATOMIC WEAPONS EMPLOYER.—The term
‘‘atomic weapons employer’’ means an entity that—
(A) processed or produced, for the use by
the United States, material that emitted radi-
ation and was used in the production of an
atomic weapon, excluding uranium mining and
milling; and
(B) is designated as an atomic weapons
employer for purposes of this Act by the Sec-
retary of Energy.
(4) ATOMIC WEAPONS EMPLOYER FACILITY.—
The term ‘‘atomic weapons employer facility’’ means
a facility, owned by an atomic weapons employer,
that is or was used to process or produce, for use
by the United States, material that emitted radi-
ation and was used in the production of an atomic
weapon, excluding uranium mining or milling.
(5) BERYLLIUM
VENDOR.—The term ‘‘beryl-
lium vendor’’ means the following:
(A) Atomics International.
(B) Brush Wellman, Incorporated, and its
predecessor, Brush Beryllium Company.
(C) General Atomics.
(D) General Electric Company.
(E) NGK Metals Corporation and its pred-
ecessors, Kawecki-Berylco, Cabot Corporation,
BerylCo, and Beryllium Corporation of Amer-
ica.
(F) Nuclear Materials and Equipment Cor-
poration.
(G) StarMet Corporation, and its prede-
cessor, Nuclear Metals, Incorporated.
(H) Wyman Gordan, Incorporated.
(I) Any other vendor, processor, or pro-
ducer of beryllium or related products des-
ignated as a beryllium vendor for purposes of
this Act under section 5(a).
(6) CHRONIC
SILICOSIS.—The term ‘‘chronic
silicosis’’ means silicosis if—
(A) at least 10 years elapse between initial
exposure to silica and the emergence of the sili-
cosis; and
(B) the silicosis is established by one of the
following:
(i) A chest x-ray presenting any com-
bination of rounded opacities of type
p/q/r, with or without irregular opacities,
present in at least both upper lung zones
and of profusion 1/0 or greater, as found
in accordance with the International Labor
Organization classification system.
(ii) A physician’s provisional or work-
ing diagnosis of silicosis, combined with—
(I) a chest radiograph interpreted
as consistent with silicosis; or
(II) 
pathologic 
findings 
con-
sistent with silicosis.
(iii) A history of occupational expo-
sure to airborne silica dust and a chest
radiograph or other imaging technique in-
terpreted as consistent with silicosis or
pathologic findings consistent with silicosis.
(7) COMPENSATION.—The term ‘‘compensa-
tion’’ means the money allowance payable under this
Act and any other benefits paid for from the Fund
including the alternative compensation payable pur-
suant to section 8.
(8) COVERED
BERYLLIUM
EMPLOYEE.—The
term ‘‘covered beryllium employee’’ means the fol-
lowing:
(A) A current or former employee (as that
term is defined in section 8101(1) of title 5,
United States Code) who may have been ex-
posed to beryllium at a Department of Energy
facility or at a facility owned, operated, or occu-
pied by a beryllium vendor.
(B) A current or former employee of any
entity that contracted with the Department of
Energy to provide management and operation,
management and integration, or environmental
remediation of a Department of Energy facility
or an employee of any contractor or subcon-
tractor that provided services, including con-
struction and maintenance, at such a facility.
(C) A current or former employee of a be-
ryllium vendor, or a contractor or subcontractor
of a beryllium vendor, during a period when the
vendor was engaged in activities related to the
production or processing of beryllium for sale
to, or use by, the Department of Energy.
(9) COVERED BERYLLIUM ILLNESS.—The term
‘‘covered beryllium illness’’ means any condition as
follows:
(A) Beryllium sensitivity as established
by—
(i) an abnormal beryllium lymphocyte
proliferation test performed on either blood
or lung lavage cells; or
(ii) other means specified under sec-
tion 5(b).
(B) Chronic beryllium disease as estab-
lished by the following:
(i) For diagnoses on or after January
1, 1993—
(I) beryllium sensitivity, as estab-
lished in accordance with subpara-
graph (A); and
(II) lung pathology consistent
with 
chronic 
beryllium 
disease,
including—
(aa) a lung biopsy showing
granulomas or a lymphocytic
process consistent with chronic
beryllium disease;
(bb) a computerized axial to-
mography scan showing changes
consistent with chronic beryllium
disease; or
(cc) pulmonary function or
exercise testing showing pul-
monary deficits consistent with
chronic beryllium disease.
(ii) For diagnoses before January 1,
1993, the presence of four of the criteria
set forth in subclauses (I) through (VI),
including the criteria set forth in subclause
(I) and any three of the criteria set forth
in subclauses (II) through (VI):
(I) 
Occupational 
or 
environ-
mental history, or epidemiologic evi-
dence of beryllium exposure.
(II) Characteristic chest radio-
graphic (or computed tomography
(CT) abnormalities.
(III) Restrictive or obstructive
lung physiology testing or diffusing
lung capacity defect.
(IV) Lung pathology consistent
with chronic beryllium disease.
(V) Clinical course consistent
with a chronic respiratory disorder.
(VI) Immunologic tests showing
beryllium sensitivity (skin patch test
or beryllium blood test preferred).
(iii) Other means specified under sec-
tion 5(b).
(C) Any injury, illness, impairment, or dis-
ability sustained as a consequence of a covered
beryllium illness referred to in subparagraph
(A) or (B).
(10) COVERED EMPLOYEE.—The term ‘‘covered
employee’’ means a covered beryllium employee, a
covered employee with cancer, or a covered employee
with chronic silicosis.
(11) COVERED EMPLOYEE WITH CANCER.—The
term ‘‘covered employee with cancer’’ means the fol-
lowing:
(A) An individual who meets the criteria in
section 6(c)(1).
(B) A member of the Special Exposure Co-
hort.
(12) COVERED EMPLOYEE WITH CHRONIC SILI-
COSIS.—The term ‘‘covered employee with chronic
silicosis’’ means a—
(A) Department of Energy employee; or
(B) Department of Energy contractor em-
ployee;
with chronic silicosis who was exposed to silica in
the performance of duty as determined in section
3511(b).
(13) DEPARTMENT
OF
ENERGY.—The term
‘‘Department of Energy’’ includes the predecessor
agencies of the Department of Energy, including the
Manhattan Engineering District.
(14) DEPARTMENT
OF
ENERGY
CONTRACTOR
EMPLOYEE.—The term ‘‘Department of Energy con-
tractor employee’’ means the following:
(A) An individual who is or was in resi-
dence at a Department of Energy facility as a
researcher for a period of at least 24 cumu-
lative months.
(B) An individual who is or was employed,
at a Department of Energy facility by—
(i) an entity that contracted with the
Department of Energy to provide manage-
ment and operating, management and inte-
gration, or environmental remediation at
the facility; or
(ii) a contractor or subcontractor that
provided services, including construction
and maintenance, at the facility.
(15) DEPARTMENT OF ENERGY FACILITY.—The
term ‘‘Department of Energy facility’’ means any
building, structure, or premise, including the
grounds upon which such building, structure, or
premise is located—
(A) in which operations are, or have been,
conducted by, or on behalf of, the Department
of Energy (except for buildings, structures,
premises, grounds, or operations covered by Ex-
ecutive Order 12344, pertaining to the Naval
Nuclear Propulsion Program); and
(B) with regard to which the Department
of Energy has or had—
(i) a proprietary interest; or
(ii) entered into a contract with an
entity to provide management and oper-
ation, management and integration, envi-
ronmental remediation services, construc-
tion, or maintenance services.
(16) FUND.—The term ‘‘Fund’’ means the En-
ergy Employees’ Occupational Illness Compensation
Fund under section 24.
(17) MONTHLY PAY.—The term ‘‘monthly pay’’
means the monthly pay at the time of injury, or the
monthly pay at the time disability begins, or the
monthly pay at the time the compensable disability
recurs, if the recurrence begins more than 6 months
after the employee resumes regular full-time employ-
ment, whichever is greater, except when otherwise
determined under section 8113 of title 5, United
States Code.
(18) RADIATION.—The term ‘‘radiation’’ means
ionizing radiation in the form of—
(A) alpha particles;
(B) beta particles;
(C) neutrons;
(D) gamma rays; or
(E) accelerated ions or subatomic particles
from accelerator machines.
(19) SECRETARY
OF
HEALTH
AND
HUMAN
SERVICES.—The term ‘‘Secretary of Health and
Human Services’’ means the Secretary of Health
and Human Services with the assistance of the Di-
rector of the National Institute for Occupational
Safety and Health.
(20) SPECIAL EXPOSURE COHORT.—The term
‘‘Special Exposure Cohort’’ means the following
groups of Department of Energy employees, Depart-
ment of Energy contractor employees, and atomic
weapons employees:
(A) Individuals who—
(i) were employed for a cumulative pe-
riod of at least one year during the period
prior to February 1, 1992—
(I) at the gaseous diffusion
plants located in—
(aa) Paducah, Kentucky;
(bb) Portsmouth, Ohio; or
(cc) Oak Ridge, Tennessee;
and
(II) by—
(aa) the Department of En-
ergy;
(bb) a Department of En-
ergy contractor or subcontractor;
or
(cc) an atomic weapons em-
ployer; and
(ii) during employment covered by
clause (i)—
(I) were monitored through the
use of dosimetry badges for exposure
at the plant of the external parts of
the employee’s body to radiation; or
(II) worked in a job that had ex-
posures comparable to a job that is or
was monitored through the use of do-
simetry badges.
(B) Individuals who were employed by the
Department of Energy or a Department of En-
ergy contractor or subcontractor on Amchitka
Island, Alaska, prior to January 1, 1974, and
who were exposed to ionizing radiation in the
performance of duty related to the Long Shot,
Milrow, or Cannikin underground nuclear tests.
(C) Individuals designated as part of the
Special Exposure Cohort by the Secretary of
Health and Human Services, in accordance
with section 8.
(21) SPECIFIED CANCER.—The term ‘‘specified
cancer’’ means the following:
(A) 
Leukemia 
(other 
than 
chronic
lymphocytic leukemia).
(B) Multiple myeloma.
(C) Non-Hodgkins lymphoma.
(D) Cancer of the—
(i) bladder;
(ii) bone;
(iii) brain;
(iv) breast (male or female);
(v) cervix;
(vi) digestive system (including esoph-
agus, stomach, small intestine, bile ducts,
colon, rectum, or other digestive organs);
(vii) gallbladder;
(viii) kidney;
(ix) larynx, pharynx, or other res-
piratory organs;
(x) liver;
(xi) lung;
(xii) male genitalia;
(xiii) nasal organs;
(xiv) nervous system;
(xv) ovary;
(xvi) pancreas;
(xvii) prostate;
(xviii) salivary gland (parotid or non-
parotid);
(xix) thyroid;
(xx) ureter;
(xxi) urinary tract or other urinary
organs; or
(xxii) uterus.
(22) SURVIVOR.—The term ‘‘survivor’’ means
any individual or individuals eligible to receive com-
pensation pursuant to section 8133 of title 5, United
States Code.
(23) TIME OF INJURY.—The term ‘‘time of in-
jury’’ means—
(A) in regard to a claim arising out of ex-
posure to beryllium, the last date on which a
covered employee was exposed to beryllium in
the performance of duty in accordance with sec-
tion 6(a);
(B) in regard to a claim arising out of
chronic silicosis, the last date on which a cov-
ered employee was exposed to silica in the per-
formance of duty in accordance with section
6(b); and
(C) in regard to a claim arising out of ex-
posure to radiation, the last date on which a
covered employee was exposed to radiation in
the performance of duty in accordance with sec-
tion 6(c)(1) or, in the case of a member of the
Special Exposure Cohort, the last date on which
the member of the Special Exposure Cohort was
employed at the Department of Energy facility
at which the member was exposed to radiation.
(b) TERMS USED IN ADMINISTRATION.—
(1) IN
GENERAL.—The following terms have
the meaning given those terms in section 8101 of
title 5, United States Code—
(A) ‘‘physician’’;
(B) ‘‘medical, surgical, and hospital serv-
ices and supplies’’;
(C) ‘‘injury’’;
(D) ‘‘widow’’;
(E) ‘‘parent’’;
(F) ‘‘brother’’;
(G) ‘‘sister’’;
(H) ‘‘child’’;
(I) ‘‘grandchild’’;
(J) ‘‘widower’’;
(K) ‘‘student’’;
(L) ‘‘price index’’;
(M) ‘‘organ’’; and
(N) ‘‘United States medical officers and
hospitals’’.
(2) EMPLOYEE.—In applying any provision of
chapter 81 of title 5, United States Code (except
section 8101), under this Act, the term ‘‘employee’’
in such provision shall mean a covered employee.
(3) EMPLOYEES’ COMPENSATION
FUND.—In
applying any provision of chapter 81 of title 5,
United States Code, under this Act, the term ‘‘Em-
ployees’ Compensation Fund’’ in such provision shall
mean the Fund.
SEC. 5. EXPANSION OF LIST OF BERYLLIUM VENDORS AND
MEANS OF ESTABLISHING COVERED BERYL-
LIUM ILLNESSES.
(a) BERYLLIUM VENDORS.—The Secretary of En-
ergy may from time to time, and in consultation with the
Secretary of Labor, designate as a beryllium vendor for
purposes of section 4(a)(5) any vendor, processor, or pro-
(2) present at a Department of Energy facility,
or a facility owned and operated by a beryllium ven-
dor, because of employment by the United States, a
beryllium vendor, or a contractor or subcontractor
of the Department of Energy;
during a period when beryllium dust, particles, or vapor
may have been present at such facility.
(b) CHRONIC SILICOSIS.—In the absence of substan-
tial evidence to the contrary, a covered employee with
chronic silicosis shall be determined to have been exposed
to silica in the performance of duty for the purposes of
this Act if, and only if, the covered employee with chronic
silicosis was present during the mining of tunnels at a De-
partment of Energy facility for tests or experiments re-
lated to an atomic weapon.
(c) CANCER.—
(1) IN
GENERAL.—A Department of Energy
employee, Department of Energy contractor em-
ployee, or an atomic weapons employee shall be de-
termined to have sustained a cancer in the perform-
ance of duty if, and only if, such employee—
(A) contracted cancer after beginning em-
ployment at a Department of Energy facility
for a Department of Energy contractor or an
atomic weapons employer facility for an atomic
weapons employer; and
(B) falls within guidelines that—
(i) are established by the Secretary of
Health and Human Services by regulation,
after consultation with the Secretary of
Energy and after technical review by the
Advisory Board under section 3512, for de-
termining whether the cancer the employee
contracted was at least as likely as not re-
lated to employment at the facility;
(ii) are based on the radiation dose
received by the employee (or a group of
employees performing similar work) at the
facility and the upper 99 percent con-
fidence interval of the probability of causa-
tion in the radioepidemiological tables pub-
lished under section 7(b) of the Orphan
Drug Act (42 U.S.C. 241 note), as such
tables may be updated under section
7(b)(3) of such Act from time to time;
(iii) incorporate the methods estab-
lished under subsection (d); and
(iv) take into consideration the type of
cancer; past health-related activities, such
as smoking; information on the risk of de-
veloping a radiation-related cancer from
workplace exposure; and other relevant fac-
tors.
(2) SPECIAL EXPOSURE COHORT.—A member
of the Special Exposure Cohort shall be determined
to have sustained a cancer in the performance of
duty if, and only if, such individual contracted a
specified cancer after beginning employment at a
Department of Energy facility for a Department of
Energy contractor or an atomic weapons employer
facility for an atomic weapons employer.
(d) RADIATION DOSE.—
(1) IN GENERAL.—The Secretary of Health and
Human Services, after consultation with the Sec-
retary of Energy, shall—
(A) establish by regulation methods for ar-
riving at reasonable estimates of the radiation
doses Department of Energy employees or De-
partment of Energy contractor employees re-
ceived at a Department of Energy facility and
atomic weapons employees received at a facility
operated by an atomic weapons employer if
such employees were not monitored for expo-
sure to radiation at the facility, or were mon-
itored inadequately, or if the employees’ expo-
sure records are missing or incomplete; and
(B) provide to an employee who meets the
requirements of subsection (c)(1)(B) an esti-
mate of the radiation dose the employee re-
ceived based on dosimetry reading, a method es-
tablished under subparagraph (A), or a com-
bination of both.
(2) SCIENTIFIC
REVIEW.—The Secretary of
Health and Human Services shall establish an inde-
pendent review process utilizing the Advisory Board
under section 3512 to assess the methods estab-
lished under paragraph (1)(A) and the application of
those methods and to verify a reasonable sample of
individual dose reconstructions provided under para-
graph (1)(B).
(3) ACCESS TO DOSE RECONSTRUCTIONS.—The
Secretary of Health and Human Services and the
Secretary of Energy each shall, consistent with the
protection of private medical records, make available
to researchers and the general public information on
the assumptions, methodology, and data used in
dose reconstructions undertaken under this part.
SEC. 7. ADVISORY BOARD ON RADIATION AND WORKER
HEALTH.
(a) ESTABLISHMENT.—
(1) IN
GENERAL.—Not later than 120 days
after the date of enactment of this Act, the Sec-
retary of Health and Human Services, in consulta-
tion with the Secretary of Energy, shall establish
and appoint an Advisory Board on Radiation and
Worker Health.
(2) BALANCE OF VIEWS.—In making appoint-
ments to the Board, the Secretary of Health and
Human Services shall also consult with labor unions
and other organizations with expertise on worker
health issues to ensure that the membership of the
Board reflects a balance of scientific, medical, and
worker perspectives.
(3) CHAIR.—The Secretary of Health and
Human Services shall designate a Chair for the
Board from among its members.
(b) DUTIES.—The Board shall advise the Secretary
of Health and Human Services, Secretary of Energy, and
Secretary of Labor on—
(1) the development of guidelines to be used by
the Secretary of Health and Human Services under
section 6;
(2) the scientific validity and quality of dose es-
timation and reconstruction efforts being performed
to implement compensation programs under this
part; and
(3) other matters related to radiation and work-
er health in Department of Energy facilities as the
Secretary of Labor, the Secretary of Energy, or the
Secretary of Health and Human Services may re-
quest.
(c) STAFF.—
(1) IN GENERAL.—The Secretary of Health and
Human Services shall appoint a staff to facilitate
the work of the Board, headed by a Director ap-
pointed under subchapter VIII of chapter 33 of title
5, United States Code.
(2) DETAILS.—The Secretary of Health and
Human Services may accept for staff of the Board
personnel on detail from other Federal agencies to
serve on the staff on a nonreimbursable basis.
(d) EXPENSES.—Members of the Board, other than
full-time employees of the Federal Government, while at-
tending meetings of the Board or while otherwise serving
at the request of the Secretary of Health and Human
Services while serving away from their homes or regular
places of business, may be allowed travel and meal ex-
penses, including per diem in lieu of subsistence, as au-
thorized by section 5703 of title 5, United States Code,
for individuals in the Government serving without pay.
(e) APPLICABILITY OF FACA.—The Advisory Board
shall be subject to the Federal Advisory Committee Act
(5 U.S.C. App.).
SEC. 8. DESIGNATION OF ADDITIONAL MEMBERS OF THE
SPECIAL EXPOSURE COHORT.
(a) ADVICE ON MEMBERSHIP IN COHORT.—
(1) IN GENERAL.—Upon request of the Sec-
retary of Health and Human Services, the Advisory
Board on Radiation and Worker Health under sec-
tion 7, based on exposure assessments by radiation
health professionals, information provided by the
Department of Energy, and other information
deemed appropriate by the Board, shall advise the
Secretary of Health and Human Services whether
there is a class of employees at a Department of En-
ergy facility who likely were exposed to radiation at
the facility but for whom it is not feasible to esti-
mate with sufficient accuracy the radiation dose they
received.
(2) PROCEDURES.—The Secretary of Health
and Human Services shall establish procedures for
considering petitions by classes of employees to re-
quest the advice of the Board.
(b) TREATMENT AS MEMBERS OF COHORT.—A class
of employees at a Department of Energy facility shall be
considered as members of the Special Exposure Cohort for
purposes of section 4(a)(20) if the Secretary of Health and
Human Services, upon recommendation of the Advisory
Board on Radiation and Worker Health and in consulta-
tion with the Secretary of Energy, determines that—
(1) it is not feasible to estimate with sufficient
accuracy the radiation dose which the class received;
and
(2) there is a reasonable likelihood that the ra-
diation dose may have endangered the health of
members of the class.
(c) ACCESS TO INFORMATION.—The Secretary of En-
ergy shall, in accordance with law, provide the Secretary
of Health and Human Services and the members and staff
of the Advisory Board under section 7 access to relevant
information on worker exposures, including access to Re-
stricted Data (as that term is defined in section 11y. of
the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
SEC. 9. AUTHORITY TO PROVIDE COMPENSATION AND
OTHER ASSISTANCE.
(a) COMPENSATION.—Subject to the provisions of
this Act, the Secretary of Labor—
(1) shall pay compensation in accordance with
sections 8105 through 8110, 8111(a), 8112, 8113,
8115, 8117, 8133, 8134, 8146a(a), and 8146a(b) of
title 5, United States Code, for the disability or
death—
(A) from a covered beryllium illness of a
covered beryllium employee who was exposed to
beryllium while in the performance of duty as
determined in accordance with section 6(a) of
this Act;
(B) from chronic silicosis of a covered em-
ployee with chronic silicosis who was exposed to
silica in the performance of duty as determined
in accordance with section 6(b) of this Act; or
(C) from cancer of a covered employee
with cancer determined to have sustained that
cancer in the performance of duty in accordance
with section 6(c) of this Act or from any injury
suffered as a consequence of that cancer;
(2) shall furnish the services and other benefits
specified in section 8103 of title 5, United States
Code, to—
(A) a covered beryllium employee with a
covered beryllium illness who was exposed to be-
ryllium in the performance of duty as deter-
mined in accordance with section 6(a) of this
Act;
(B) a covered employee with chronic sili-
cosis who was exposed to silica in the perform-
ance of duty as determined in accordance with
section 6(b) of this Act; or
(C) a covered employee with cancer deter-
mined to have sustained that cancer in the per-
formance of duty in accordance with section
6(c) of this Act or to have suffered any injury
as a consequence of that cancer; and
(3) may direct a permanently disabled indi-
vidual whose disability is compensable under this
part to undergo vocational rehabilitation and shall
provide for furnishing such vocational rehabilitation
services pursuant to the provisions of sections 8104,
8111(b), and 8113(b) of title 5, United States Code.
(b) LIMITATIONS ON COMPENSATION.—
(1) EMPLOYEE
MISCONDUCT.—No compensa-
tion or benefits may be paid or provided under this
Act for a cancer (including a specified cancer),
chronic silicosis, covered beryllium illness, or death
if the cancer (including a specified cancer), chronic
silicosis, covered beryllium illness, or death occurred
under one of the circumstances set forth in para-
graph (1), (2), or (3) of section 8102(a) of title 5,
United States Code.
(2) RETROACTIVE
BENEFITS.—No compensa-
tion may be paid under this section for any period
before the date of enactment of this Act, except in
the case of compensation under section 10.
(3) SOURCE.—All compensation under this part
shall be paid from the Fund.
(c) COMPUTATION OF PAY.—
(1) IN
GENERAL.—Except as otherwise pro-
vided by this Act or by regulation, computation of
pay under this Act shall be determined in accord-
ance with section 8114 of title 5, United States
Code.
(2) 
SUBSTITUTE
RULE
FOR
SECTION
8114(d)(3).—If either of the methods of determining
the average annual earnings specified in section
8114(d) (1) and (2) of title 5, United States Code,
cannot be applied reasonably and fairly, the average
annual earnings are a sum that reasonably rep-
resents the annual earning capacity of the covered
employee in the employment in which the employee
was working at the time of injury having regard to
the previous earnings of the employee in similar em-
ployment, and of other employees of the same em-
ployer in the same or most similar class working in
the same or most similar employment in the same or
neighboring location, other previous employment of
the employee, or other relevant factors. However, the
average annual earnings may not be less than 150
times the average daily wage the covered employee
earned in the employment during the days employed
within 1 year immediately preceding the time of in-
jury.
(d) ASSISTANCE FOR CLAIMANTS.—The Secretary of
Labor shall, upon the receipt of a request for assistance
from a claimant for compensation under this section, pro-
vide assistance to the claimant in connection with the
claim, including—
(1) assistance in securing medical testing and
diagnostic services necessary to establish the exist-
ence of a covered beryllium illness or cancer; and
(2) such other assistance as may be required to
develop facts pertinent to the claim.
(e) ASSISTANCE FOR POTENTIAL CLAIMANTS.—The
Secretary of Energy, in consultation with the Secretary
of Labor, shall take appropriate actions to inform and as-
sist covered employees who are potential claimants under
this part, and other potential claimants under this part,
of the availability of compensation under this part, includ-
ing actions to—
(1) ensure the ready availability, in paper and
electronic format, of forms necessary for making
claims;
(2) provide such covered employees and other
potential claimants with information and other sup-
port necessary for making claims, including—
(A) medical protocols for medical testing
and diagnosis to establish the existence of a
covered beryllium illness, silicosis, or cancer;
and
(B) lists of vendors approved for providing
laboratory services related to such medical test-
ing and diagnosis;
(3) provide such additional assistance to such
covered employees and other potential claimants as
may be required for the development of facts perti-
nent to a claim.
(f) INFORMATION FROM BERYLLIUM VENDORS AND
OTHER CONTRACTORS.—As part of the assistance pro-
gram provided under subsections (d) and (e), and as per-
mitted by law, the Secretary of Energy shall, upon the
request of the Secretary of Labor, require a beryllium ven-
dor or other Department of Energy contractor or subcon-
tractor to provide information relevant to a claim or poten-
tial claim under this Act to the Secretary of Labor.
SEC. 10. ALTERNATIVE COMPENSATION.
(a) IN GENERAL.—Subject to the provisions of this
section, a covered employee eligible for benefits under sec-
tion 9(a), or the survivor of such covered employee if the
employee is deceased, may elect to receive compensation
in the amount of $200,000 in lieu of any other compensa-
tion under section 9(a)(1).
(b) DEATH BEFORE ELECTION.—
(1) IN GENERAL.—Subject to the provisions of
this section, if a covered employee otherwise eligible
to make an election provided by this section dies be-
fore the date of enactment of this Act, or before
making the election, whether or not the death is a
result of a cancer (including a specified cancer),
chronic silicosis, or covered beryllium illness, a sur-
vivor of the covered employee on behalf of the sur-
vivor and any other survivors of the covered em-
ployee may make the election and receive the com-
pensation provided for under this section.
(2) PRECEDENCE OF SURVIVORS.—The right to
make an election and to receive compensation under
this section shall be afforded to survivors in the
order of precedence set forth in section 8109 of title
5, United States Code.
(c) TIME LIMIT FOR ELECTION.—An election under
this section may be made at any time after the submittal
under this part of the claim on which such compensation
is based, but not later than 30 days after the latter of
the date of—
(1) a determination by the Secretary of Labor
that an employee is eligible for an award under this
section; or
(2) a determination by the Secretary of Labor
awarding an employee or an employee’s survivors
compensation for total or partial disability or com-
pensation in case of death.
(d) IRREVOCABILITY OF ELECTION.—
(1) IN GENERAL.—An election under this sec-
tion when made is irrevocable.
(2) BINDING EFFECT.—An election made by a
covered employee or survivor under this section is
binding on all survivors of the covered employee.
SEC. 11. SUBMITTAL OF CLAIMS.
(a) CLAIM REQUIRED.—A claim for compensation
under this part shall be submitted to the Secretary of
Labor in the manner specified in section 8121 of title 5,
United States Code.
(b) GENERAL TIME LIMITATIONS.—A claim for com-
pensation under this part shall be filed under this section
not later than the later of—
(1) seven years after the date of enactment of
this Act;
(2) seven years after the date the claimant first
becomes aware that a cancer (including a specified
cancer), chronic silicosis, covered beryllium illness,
or death from any of the foregoing of a covered em-
ployee may be connected to the exposure of the cov-
ered employee to beryllium, radiation, or silica in the
performance of duty.
(c) NEW PERIOD FOR ADDITIONAL ILLNESSES AND
CONDITIONS.—A new period of limitation under sub-
section (b)(2) shall commence with each new diagnosis of
a cancer (including a specified cancer), chronic silicosis,
or covered beryllium illness that is different from a pre-
viously diagnosed cancer (including a specified cancer),
chronic silicosis, or covered beryllium illness.
(d) DEATH CLAIM.—The timely filing of a disability
claim for a cancer (including a specified cancer), chronic
silicosis, or covered beryllium illness shall satisfy the time
requirements of this section for death benefits for the
same cancer (including a specified cancer), chronic sili-
cosis, or covered beryllium illness.
SEC. 12. ADJUDICATION AND ADMINISTRATION.
(a) IN GENERAL.—
(1) REQUIREMENT.—The Secretary of Labor
shall determine and make a finding of fact and
make an award for or against payment of compensa-
tion under this part after—
(A) considering the claim presented by the
claimant, the results of any medical test or di-
agnosis undertaken to establish the existence of
a cancer (including a specified cancer), chronic
silicosis, or covered beryllium illness, and any
report furnished by the Secretary of Energy
with respect to the claim; and
(B) completing such investigation as the
Secretary of Labor considers necessary.
(2) SCOPE OF ALLOWANCE AND DENIAL.—The
Secretary may allow or deny a claim, in whole or in
part.
(b) AVAILABLE AUTHORITIES.—
(1) IN GENERAL.—Except as provided in para-
graph (2), in carrying out activities under subsection
(c), the Secretary of Labor may utilize the authori-
ties available to the Secretary under sections 8123,
8124(b), 8125, 8126, 8128(a), and 8129 of title 5,
United States Code.
(2) DISAGREEMENT.—If there is a disagree-
ment under section 8123(a) of title 5, United States
Code, between the physician making the examination
for the United States and the physician of the em-
ployee, the Secretary of Labor shall appoint a third
physician from a roster of physicians with relevant
expertise maintained by the Secretary of Health and
Human Services.
(c) RIGHTS OF CLAIMANT.—
(1) IN GENERAL.—Except as provided by para-
graph (2), the provisions of section 8127 of title 5,
United States Code, shall apply.
(2) SUITS TO COMPEL INFORMATION.—A claim-
ant may commence an action in the appropriate dis-
trict court of the United States against a beryllium
vendor, or other contractor or subcontractor of the
Department of Energy, to compel the production of
information or documents requested by the Sec-
retary of Labor under this part if such information
or documents are not provided within 180 days of
the date of the request. Upon successful resolution
of any action brought under this paragraph, the
court shall award the claimant reasonable attorney
fees and costs to be paid by the defendant in such
action.
(d) DEADLINES.—Beginning on the date that is two
years after the date of enactment of this Act, the Sec-
retary of Labor shall allow or deny a claim under this sec-
tion not later than the later of—
(1) 180 days after the date of submittal of the
claim to the Secretary under section 11; or
(2) 120 days after the date of receipt of infor-
mation or documents produced under subsection
(c)(2).
(e) RESOLUTION OF REASONABLE DOUBT.—Except
as provided in subsection (b)(2), in determining whether
a claimant meets the requirements of this part, the Sec-
retary of Labor shall find in favor of the claimant in cir-
cumstances where the evidence supporting the claim of the
claimant and the evidence controverting the claim of the
claimant is in equipoise.
(f) SERVICE OF DECISION.—The Secretary of Labor
shall have served upon a claimant the Secretary’s decision
denying the claim under this section, including the finding
of fact under subsection (a)(1).
(g) HEARINGS AND FURTHER REVIEW.—
(1) REGULATIONS.—The Secretary of Labor
may prescribe regulations necessary for the adminis-
tration and enforcement of this Act including regula-
tions for the conduct of hearings under this section.
(2) APPEALS PANELS.—
(A) IN GENERAL.—Regulations issued by
the Secretary of Labor under this Act shall pro-
vide for one or more Energy Employees’ Com-
pensation Appeals Panels of three individuals
with authority to hear and, subject to applicable
law and the regulations of the Secretary, make
final decisions on appeals taken from deter-
minations and awards with respect to claims of
employees filed under this part.
(B) INTERAGENCY
AGREEMENT.—Under
an agreement between the Secretary of Labor
and another Federal agency (except the Depart-
ment of Energy), a panel appointed by the
other Federal agency may provide these appel-
late decisionmaking services.
(3) APPEAL.—An individual seeking review of a
denial of an award under this section shall submit
an appeal in accordance with the regulations under
this subsection.
(h) RECONSIDERATION BASED ON NEW CRITERIA OR
EVIDENCE.—
(1) NEW CRITERIA OR METHODS FOR ESTAB-
LISHING WORK-RELATED ILLNESS.—A claimant may
obtain reconsideration of a decision awarding or de-
nying coverage under this part within one year after
the effective date of regulations setting forth—
(A) new criteria for establishing a covered
beryllium illness pursuant to section 5(b); or
(B) additional or revised methods for de-
termining whether a cancer was at least as like-
ly as not related to employment pursuant to
section 6(c)(1)(B)(i);
by submitting evidence that is relevant and pertinent
to the new regulations.
(2) NEW EVIDENCE.—A covered employee or
covered employee’s survivor may obtain reconsider-
ation of a decision denying an application for com-
pensation or benefits under this Act if the employee
or employee’s survivor has additional medical or
other information relevant to the claim that was not
reasonably available at the time of the decision and
that likely would lead to the reversal of the decision.
PART B—EXPOSURE TO OTHER TOXIC
SUBSTANCES
SEC. 13. DEFINITIONS.
In this part:
(1) DIRECTOR.—The term ‘‘Director’’ means
the Director of the Office of Workers’ Compensation
Advocate under section 217 of the Department of
Energy Organization Act, as added by section 22 of
this Act.
(2) PANEL.—The term ‘‘panel’’ means a physi-
cians panel established under section 14(d).
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Energy.
SEC. 14. AGREEMENTS WITH STATES.
(a) AGREEMENTS.—The Secretary, through the Di-
rector, may enter into agreements with the Governor of
a State to provide assistance to a Department of Energy
contractor employee in filing a claim under the appro-
priate State workers’ compensation system.
(b) PROCEDURE.—Pursuant to agreements under
subsection (a), the Director may—
(1) establish procedures under which an indi-
vidual may submit an application for review and as-
sistance under this section, and
(2) review an application submitted under this
section and determine whether the applicant sub-
mitted reasonable evidence that—
(A) the application was filed by or on be-
half of a Department of Energy contractor em-
ployee or employee’s estate, and
(B) the illness or death of the Department
of Energy contractor employee may have been
related to employment at a Department of En-
ergy facility.
(c) SUBMITTAL OF APPLICATIONS TO PANELS.—If
provided in an agreement under subsection (a), and if the
Director determines that the applicant submitted reason-
able evidence under subsection (b)(2), the Director shall
submit the application to a physicians panel established
under subsection (d). The Director shall assist the em-
ployee in obtaining additional evidence within the control
of the Department of Energy and relevant to the panel’s
deliberations.
(d) PANEL.—
(1) NUMBER OF PANELS.—The Director shall
inform the Secretary of Health and Human Services
of the number of physicians panels the Director has
determined to be appropriate to administer this sec-
tion, the number of physicians needed for each
panel, and the area of jurisdiction of each panel.
The Director may determine to have only one panel.
(2) APPOINTMENT.—
(A) 
IN
GENERAL.—The 
Secretary 
of
Health and Human Services shall appoint panel
members with experience and competency in di-
agnosing occupational illnesses under section
3109 of title 5, United States Code.
(B) COMPENSATION.—Each member of a
panel shall be paid at the rate of pay payable
for level III of the Executive Schedule for each
day (including travel time) the member is en-
gaged in the work of a panel.
(3) DUTIES.—A panel shall review an applica-
tion submitted to it by the Director and determine,
under guidelines established by the Director, by rule,
whether the illness or death that is the subject of
the application arose out of and in the course of em-
ployment by the Department of Energy and expo-
sure to a toxic substance at a Department of Energy
facility.
(4) ADDITIONAL
INFORMATION.—At the re-
quest of a panel, the Director and a contractor who
employed a Department of Energy contractor em-
ployee shall provide additional information relevant
to the panel’s deliberations. A panel may consult
specialists in relevant fields as it determines nec-
essary.
(5) DETERMINATIONS.—Once a panel has made
a determination under paragraph (3), it shall report
to the Director its determination and the basis for
the determination.
(6) INAPPLICABILITY OF FACA.—A panel estab-
lished under this section shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
(e) ASSISTANCE.—If provided in an agreement under
subsection (a)—
(1) the Director shall review a panel’s deter-
mination made under subsection (d), information the
panel considered in reaching its determination, any
relevant new information not reasonably available at
the time of the panel’s deliberations, and the basis
for the panel’s determination;
(2) as a result of the review under paragraph
(1), the Director shall accept the panel’s determina-
tion in the absence of compelling evidence to the
contrary;
(3) if the panel has made a positive determina-
tion under subsection (d) and the Director accepts
the determination under paragraph (2), or the panel
has made a negative determination under subsection
(d) and the Director finds compelling evidence to the
contrary—
(A) the Director shall—
(i) assist the applicant to file a claim
under the appropriate State workers’ com-
pensation system based on the health con-
dition that was the subject of the deter-
mination;
(ii) recommend to the Secretary of
Energy that the Department of Energy not
contest a claim filed under a State work-
ers’ compensation system based on the
health condition that was the subject of
the determination and not contest an
award made under a State workers’ com-
pensation system regarding that claim; and
(iii) recommend to the Secretary of
Energy that the Secretary direct, as per-
mitted by law, the contractor who em-
ployed the Department of Energy con-
tractor employee who is the subject of the
claim not to contest the claim or an award
regarding the claim; and
(B) any costs of contesting a claim or an
award regarding the claim incurred by the con-
tractor who employed the Department of En-
ergy contractor employee who is the subject of
the claim shall not be an allowable cost under
a Department of Energy contract.
(f) INFORMATION.—At the request of the Director,
a contractor who employed a Department of Energy con-
tractor employee shall make available to the Director or
the employee, information relevant to deliberations under
this section.
(g) GAO REPORT.—Not later than February 1,
2002, the Comptroller General shall submit a report to
the Congress evaluating the implementation by the De-
partment of Energy of the provisions of this part and of
the effectiveness of the program under this part in pro-
viding compensation to Department of Energy contractor
employees for occupational illness.
PART C—GENERAL PROVISIONS
SEC. 15. TREATMENT OF COMPENSATION AND BENEFITS.
(a) IN GENERAL.—Any compensation or benefits al-
lowed, paid, or provided under this Act—
(1) shall not be included as income for purposes
of the Internal Revenue Code and shall not be sub-
ject to Federal income tax, and shall not be included
as income or resources for purposes of determining
eligibility to receive benefits described in section
3803(c)(2)(C) of title 31, United States Code, or the
amount of those benefits; and
(2) shall not be subject to offset under chapter
37 of title 31, United States Code.
(b) INSURANCE.—(1) Compensation or benefits paid
or provided under this Act shall not be considered as any
form of compensation or reimbursement for a loss for pur-
poses of imposing liability on an individual receiving the
compensation or benefits to repay any insurance carrier
for insurance payments made.
(2) The payment or provision of compensation or ben-
efits under this Act shall not be treated as affecting any
claim against an insurance carrier with respect to insur-
ance.
(c) PROHIBITION ON ASSIGNMENT OR ATTACHMENT
OF CLAIMS.—The provisions of section 8130 of title 5,
United States Code, shall apply to claims under this Act.
(d) RETENTION OF CIVIL SERVICE RIGHTS.—If a
Federal employee found to be disabled under this Act re-
sumes employment with the Federal Government, the em-
ployee shall be entitled to the rights set forth in section
8151 of title 5, United States Code.
SEC. 16. FORFEITURE OF BENEFITS BY CONVICTED FEL-
ONS.
(a) FORFEIT COMPENSATION.—Any individual con-
victed of a violation of section 1920 of title 18, United
States Code, or any other Federal or State criminal stat-
ute relating to fraud in the application for or receipt of
any benefit under this Act or under any other Federal or
State workers’ compensation law, shall forfeit (as of the
date of such conviction) any entitlement to any benefit
under this Act such individual would otherwise be awarded
for any injury, illness or death covered by this Act for
which the time of injury was on or before the date of the
conviction. This forfeiture shall be in addition to any ac-
tion the Secretary of Labor takes under sections 8106 or
8129 of title 5, United States Code.
(b) DEPENDENTS.—(1) Notwithstanding any other
provision of law, except as provided under paragraph (2),
compensation under this Act shall not be paid or provided
to an individual during any period during which such indi-
vidual is confined in a jail, prison, or other penal institu-
tion or correctional facility, pursuant to that individual’s
conviction of an offense that constituted a felony under
applicable law. After this period of incarceration ends, the
individual shall not receive compensation forfeited during
the period of incarceration.
(2) If an individual has one or more dependents as
defined under section 8110(a) of title 5, United States
Code, the Secretary of Labor may, during the period of
incarceration, pay to such dependents a percentage of the
compensation that would have been payable to the indi-
vidual computed according to the percentages set forth in
section 8133(a) (1) through (5) of title 5, United States
Code.
(c) INFORMATION.—Notwithstanding section 552a of
title 5, United States Code, or any other Federal or State
law, an agency of the United States, a State, or a political
subdivision of a State shall make available to the Sec-
retary of Labor, upon written request from the Secretary
of Labor and if the Secretary of Labor requires the infor-
mation to carry out this section, the names and Social Se-
curity account numbers of individuals confined, for convic-
tion of a felony, in a jail, prison, or other penal institution
or correctional facility under the jurisdiction of that agen-
cy.
SEC. 17. LIMITATION ON RIGHT TO RECEIVE BENEFITS.
(a) CLAIMANT.—A claimant who receives compensa-
tion for any claim under this Act, except for compensation
provided under the authority of section 8103(b) of title
5, United States Code, shall not receive compensation for
any other claim under this Act.
(b) SURVIVOR.—If a survivor receives compensation
for any claim under this Act derived from a covered em-
ployee, except for compensation provided under the au-
thority of section 8103(b) of title 5, United States Code,
such survivor shall not receive compensation for any other
claim under this Act derived from the same covered em-
ployee. A survivor of a claimant who receives compensa-
tion for any claim under this Act, except for compensation
provided under the authority of section 8103(b) of title
5, United States Code, shall not receive compensation for
any other claim under this Act derived from the same cov-
ered employee.
(c) WIDOW OR WIDOWER.—A widow or widower who
is eligible for benefits under this Act derived from more
than one husband or wife shall elect one benefit to receive.
SEC. 18. COORDINATION OF BENEFITS—STATE WORKERS’
COMPENSATION.
(a) IN GENERAL.—An individual who is eligible to
receive compensation under this Act because of a cancer
(including a specified cancer), chronic silicosis, covered be-
ryllium illness, or death and who is also entitled to receive
benefits because of the same cancer (including a specified
cancer), chronic silicosis, covered beryllium illness, or
death from a State workers’ compensation system shall
elect which such benefits to receive, unless—
(1) at the time of injury, workers’ compensation
coverage for the employee was secured by a policy or
contract of insurance; and
(2) the Secretary of Labor waives the require-
ment to make such an election.
cosis, covered beryllium illness, or death, reduced by 80
percent of the net amount of any workers’ compensation
benefits that the claimant has received under a State
workers’ compensation system attributable to the period
subsequent to the effective date of this Act, after deduct-
ing the reasonable costs, as determined by the Secretary
of Labor, of obtaining benefits under the State workers’
compensation system.
SEC. 19. COORDINATION OF BENEFITS—FEDERAL WORK-
ERS’ COMPENSATION.
(a) IN GENERAL.—An individual who is eligible to
receive compensation under this Act because of a cancer
(including a specified cancer), chronic silicosis, covered be-
ryllium illness, or death and who is also entitled to receive
benefits because of the same cancer (including a specified
cancer), chronic silicosis, covered beryllium illness, or
death from another Federal workers’ compensation system
shall elect which such benefits to receive.
(b) ELECTION.—The individual shall make the elec-
tion within the time allowed by the Secretary of Labor.
The election when made is irrevocable and binding on all
survivors of that individual.
(c) COORDINATION.—An individual who has been
awarded compensation under this Act and who also has
received benefits from another Federal workers’ com-
pensation system because of the same cancer (including
a specified cancer), chronic silicosis, covered beryllium ill-
ness, or death, shall receive compensation as specified
under this Act reduced by the amount of any workers’
compensation benefits that the individual has received
under the other Federal workers’ compensation system as
a result of the cancer (including a specified cancer), chron-
ic silicosis, covered beryllium illness, or death.
SEC. 20. RECEIPT OF BENEFITS—OTHER STATUTES.
An individual may not receive compensation under
this Act for cancer and also receive compensation under
the Radiation Exposure Compensation Act (42 U.S.C.
2210 note) or the Radiation-Exposed Veterans Compensa-
tion Act (38 U.S.C. 112(c)).
SEC. 21. DUAL COMPENSATION—FEDERAL EMPLOYEES.
(a) LIMITATION.—While a Federal employee is re-
ceiving compensation under this Act, or such employee has
been paid a lump sum in commutation of installment pay-
ments until the expiration of the period during which the
installment payments would have continued, such em-
ployee may not receive salary, pay, or remuneration of any
type from the United States, except—
(1) in return for service actually performed;
(2) pension for service in the Army, Navy or
Air Force;
(3) other benefits administrated by the Depart-
ment of Veterans Affairs unless such benefits are
payable for the same covered illness or the same
death; and
(4) retired pay, retirement pay, retainer pay, or
equivalent pay for service in the Armed Forces or
other uniformed service.
However, eligibility for or receipt of benefits under sub-
chapter III of chapter 83 of title 5, United States Code,
or another retirement system for employees of the Govern-
ment, does not impair the right of the employee to com-
pensation for scheduled disabilities specified by section
8107 of title 5, United States Code.
SEC. 22. DUAL COMPENSATION—OTHER EMPLOYEES.
An individual entitled to receive compensation under
this Act because of a cancer (including a specified cancer),
chronic silicosis, covered beryllium illness, or death cov-
ered by this Act of a covered employee, who also is entitled
to receive from the United States under a provision of a
statute other than this Act payments or benefits for that
injury, illness or death (except proceeds of an insurance
policy), because of service by such employee (or in the case
of death, by the deceased) as an employee or in the Armed
Forces, shall elect which benefits to receive. The individual
shall make the election within the time allowed by the Sec-
retary of Labor. The election when made is irrevocable,
except as otherwise provided by statute.
SEC. 23. EXCLUSIVITY OF REMEDY AGAINST THE UNITED
STATES, CONTRACTORS, AND SUBCONTRAC-
TORS.
(a) IN GENERAL.—The liability of the United States
or an instrumentality of the United States under this Act
with respect to a cancer (including a specified cancer),
chronic silicosis, covered beryllium illness, or death of a
covered employee is exclusive and instead of all other
liability—
(1) of—
(A) the United States;
(B) any instrumentality of the United
States;
(C) a contractor that contracted with the
Department of Energy to provide management
and operation, management and integration, or
environmental remediation of a Department of
Energy facility (in its capacity as a contractor);
(D) a subcontractor that provided services,
including construction, at a Department of En-
ergy facility (in its capacity as a subcontractor);
and
(E) an employee, agent, or assign of an en-
tity specified in subparagraphs (A) through
(D);
(2) to—
(A) the covered employee;
(B) the covered employee’s legal represent-
ative, spouse, dependents, survivors and next of
kin; and
(C) any other person, including any third
party as to whom the covered employee has a
cause of action relating to the cancer (including
a specified cancer), chronic silicosis, covered be-
ryllium illness, or death, otherwise entitled to
recover damages from the United States, the
instrumentality, the contractor, the subcon-
tractor, or the employee, agent, or assign of one
of them;
because of the cancer (including a specified cancer), chron-
ic silicosis, covered beryllium illness, or death in any pro-
ceeding or action including a direct judicial proceeding,
a civil action, a proceeding in admiralty, or a proceeding
under a tort liability statute or the common law.
(b) APPLICABILITY.—This section applies to all cases
filed on after July 31, 2000.
(c) WORKERS’ COMPENSATION.—This section does
not apply to an administrative or judicial proceeding under
a State or Federal workers’ compensation statute subject
to sections 18 through 22.
SEC. 24. ELECTION OF REMEDY AGAINST BERYLLIUM VEN-
DORS AND ATOMIC WEAPONS EMPLOYERS.
(a) BERYLLIUM VENDORS.—If an individual elects to
accept payment under this Act with respect to a covered
beryllium illness or death of a covered employee, that ac-
ceptance of payment shall be in full settlement of all tort
claims related to such covered beryllium illness or death—
(1) against—
(A) a beryllium vendor or a contractor or
subcontractor of a beryllium vendor; and
(B) an employee, agent, or assign of a be-
ryllium vendor or of a contractor or subcon-
tractor of a beryllium vendor;
(2) by—
(A) that individual;
(B) that individual’s legal representative,
spouse, dependents, survivors, and next of kin;
and
(C) any other person, including any third
party as to whom a covered employee has a
cause of action relating to the covered beryllium
illness or death, otherwise entitled to recover
damages from the beryllium vendor, the con-
tractor or subcontractor of the beryllium ven-
dor, or the employee, agent, or assign of the be-
ryllium vendor, of the contractor or subcon-
tractor of the beryllium vendor;
that arise out of the covered beryllium illness or death in
any proceeding or action including a direct judicial pro-
ceeding, a civil action, a proceeding in admiralty, or pro-
ceeding under a tort liability statute or the common law.
(b) ATOMIC WEAPONS EMPLOYER.—If an individual
elects to accept payment under this Act with respect to
a cancer (including a specified cancer) or death of a cov-
ered employee, that acceptance of payment shall be in full
settlement of all tort claims—
(1) against—
(A) an atomic weapons employer; and
(B) an employee, agent, or assign of an
atomic weapons employer;
(2) by—
(A) that individual;
(B) that individual’s legal representative,
spouse, dependents, survivors, and next of kin;
and
(C) any other person, including any third
party as to whom a covered employee has a
cause of action relating to the cancer (including
a specified cancer) or death, otherwise entitled
to recover damages from the atomic weapons
employer, or the employee, agent, or assign of
the atomic weapons employer;
that arise out of the cancer (including a specified cancer)
or death in any proceeding or action including a direct
judicial proceeding, a civil action, a proceeding in admi-
ralty, or proceeding under a tort liability statute or the
common law.
(c) APPLICABILITY.—
(1) IN GENERAL.—With respect to a case filed
after the date of enactment of this Act, alleging li-
ability of—
(A) a beryllium vendor or a contractor or
subcontractor of a beryllium vendor for a cov-
ered beryllium illness or death of a covered be-
ryllium employee; or
(B) an atomic weapons employer for a can-
cer (including a specified cancer) or death of a
covered employee;
the plaintiff shall not be eligible for benefits under
this Act unless the plaintiff files such case within
the applicable time limits in paragraph (2).
(2) TIME LIMITS.—
(A) SUITS
AGAINST
BERYLLIUM
VEN-
DORS.—Except as provided in subparagraph
(B), a case described in paragraph (1)(A) shall
be filed not later than the later of—
(i) 180 days after the date of enact-
ment of this Act; or
(ii) 180 days after the date the plain-
tiff first becomes aware that a covered be-
ryllium illness or death of a covered beryl-
lium employee may be connected to the ex-
posure of the covered employee to beryl-
lium in the performance of duty.
(B) NEW
DIAGNOSES.—A new period of
limitation under subparagraph (A)(ii) shall
commence with each new diagnosis of a covered
beryllium illness that is different from a pre-
viously diagnosed covered beryllium illness.
(C) SUITS AGAINST ATOMIC WEAPONS EM-
PLOYERS.—Except as provided in subparagraph
(D), a case described in paragraph (1)(B) shall
be filed not later than the later of—
(i) 180 days after the date of enact-
ment of this Act; or
(ii) 180 days after the date the plain-
tiff first becomes aware that a cancer (in-
cluding a specified cancer) or death of a
covered employee may be connected to the
exposure of the covered employee to radi-
ation in the performance of duty.
(D) NEW DIAGNOSES.—A new period of
limitation under subparagraph (C)(ii) shall
commence with each new diagnosis of a cancer
(including a specified cancer) that is different
from a previously diagnosed cancer.
(c) WORKERS’ COMPENSATION.—This section does
not apply to an administrative or judicial proceeding under
a State or Federal workers’ compensation statute subject
to sections 3534 through 3538.
SEC. 25. SUBROGATION OF THE UNITED STATES.
(a) IN GENERAL.—If a cancer (including a specified
cancer), covered beryllium illness, chronic silicosis, dis-
ability, or death for which compensation is payable under
this Act is caused under circumstances creating a legal
liability in a person other than the United States to pay
damages, sections 8131 and 8132 of title 5, United States
Code, shall apply, except to the extent specified in this
Act.
(b) APPEARANCE OF EMPLOYEE.—For the purposes
of this Act, the provision in section 8131 of title 5, United
States Code, that provides that an employee required to
appear as a party or witness in the prosecution of an ac-
tion described in that section is in an active duty status
while so engaged shall only apply to a Federal employee.
SEC. 26. ENERGY EMPLOYEES’ OCCUPATIONAL ILLNESS
COMPENSATION FUND.
(a) ESTABLISHMENT.—There is hereby established
on the books of the Treasury a fund to be known as the
Energy Employees’ Occupational Illness Compensation
Fund. The Secretary of the Treasury shall transfer to the
Fund from the general fund of the Treasury the amounts
necessary to carry out the purposes of this Act.
(b) USE OF THE FUND.—Amounts in the Fund shall
be used for the payment of compensation under this Act
and other benefits and expenses authorized by this Act
or any extension or application thereof, and for payment
of all expenses of the administration of this Act.
(c) COST DETERMINATIONS.—(1) Within 45 days of
the end of every quarter of every fiscal year, the Secretary
of Labor shall determine the total costs of compensation,
benefits, administrative expenses, and other payments
made from the Fund during the quarter just ended; the
end-of-quarter balance in the Fund; and the amount an-
ticipated to be needed during the immediately succeeding
two quarters for the payment of compensation, benefits,
and administrative expenses under this Act.
(2) In making the determination under paragraph
(1), the Secretary of Labor shall include, without amend-
ment, information provided by the Secretary of Energy
and the Secretary of Health and Human Services on the
total costs and amounts anticipated to be needed for their
activities under this Act.
(3) Each cost determination made in the last quarter
of the fiscal year under paragraph (1) shall show, in addi-
tion, the total costs of compensation, benefits, administra-
tive expenses, and other payments from the Fund during
the preceding 12-month expense period and an estimate
of the expenditures from the Fund for the payment of
compensation, benefits, administrative expenses, and other
payments for each of the immediately succeeding two fis-
cal years.
(d) 
ASSURING
AVAILABLE
BALANCE
IN
THE
FUND.—Upon application of the Secretary of Labor, the
Secretary of the Treasury shall advance such sums from
the Treasury as are projected by the Secretary of Labor
to be necessary, for the period of time equaling the date
of a projected deficiency in the Fund through 90 days fol-
lowing the end of the fiscal year, for the payment of com-
pensation and other benefits and expenses authorized by
this Act or any extension or application thereof, and for
payment of all expenses of administering this Act.
SEC. 27. EFFECTIVE DATE.
This Act is effective upon enactment, and applies to
all claims, civil actions, and proceedings pending on, or
filed on or after, the date of enactment of this Act.
SEC. 28. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 1920 of title 18 is amended by inserting
in the title ‘‘or Energy employee’s’’ after ‘‘Federal employ-
ee’s’’ and by inserting ‘‘or the Energy Employees’ Occupa-
tional Illness Compensation Act of 2000’’ after ‘‘title 5’’.
(b) Section 1921 of title 18 is amended by inserting
in the title ‘‘or Energy employees’’ after ‘‘Federal employ-
ees’’ and by inserting ‘‘or the Energy Employees’ Occupa-
tional Illness Compensation Act of 2000’’ after ‘‘title 5’’.
(c) Section 210(a)(1) of the Energy Reorganization
Act of 1974 (42 U.S.C. 5851(a)(1)) is amended by—
(1) in subparagraph (E), striking ‘‘or;’’ and in-
serting ‘‘;’’,
(2) in subparagraph (F), striking the period
and inserting ‘‘; or’’, and
(3) after subparagraph (F) inserting a new sub-
paragraph as follows:
‘‘(G) filed an application for benefits or as-
sistance under the Energy Employees Occupa-
tional Illness Compensation Act of 2000’’.
(d) Title II of the Department of Energy Organiza-
tion Act (Public Law 95–91) is amended by adding at the
end of the title the following:
‘‘OFFICE OF WORKERS’ COMPENSATION ADVOCATE
‘‘SEC. 217. (a) There shall be within the Department
an Office of Workers’ Compensation Advocate. The Office
shall be headed by a Director who shall be appointed by
the Secretary. The Director shall be compensated at the
rate provided for in level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
‘‘(b) The Director shall be responsible for providing
information, research reports, and studies to support the
implementation of the Energy Employees’ Occupational
Illness Compensation Act of 2000. Not later than 90 days
after the date of enactment of this section, the Director
shall enter into memoranda of agreement to provide for
coordination of the efforts of the office with the Depart-
ment of Labor and the Department of Health and Human
Services.
‘‘(c) The Director shall coordinate efforts within the
Department to collect and make available to present and
former employees of the Department and its predecessor
agencies, present and former employees of contractors and
subcontractors to the Department and its predecessor
agencies, and other individuals who are or were present
at facilities owned or operated by the Department or its
predecessor agencies information on occupational condi-
tions and exposures to health hazards. Such information
shall include information on substances and their chemical
forms to which employees may have been exposed, records
and studies relevant to determining occupational hazards,
raw dosimetry and industrial hygiene data, results from
medical screening programs, accident and other relevant
occurrence reports, and reports, assessments, or reviews
by contractors, consultants, or external entities relevant
to assessing risk of occupational hazards or illness.
‘‘(d) If the Director determines that—
‘‘(1) an entity within the Department or an en-
tity that is the recipient of a Departmental grant,
contract, or cooperative agreement possesses infor-
mation necessary to carry out the provisions of the
Energy Employees’ Occupational Illness Compensa-
tion Act of 2000; and
‘‘(2) the production and sharing of that infor-
mation under the provisions of the Energy Employ-
ees’ Occupational Illness Compensation Act of 2000
is being unreasonably delayed;
the Director shall have the authority, notwithstanding sec-
tion 3213 of the National Nuclear Security Administration
Act, to direct such entity to produce expeditiously such
information in accordance with the provisions of this sec-
tion and the Energy Employees’ Occupational Illness
Compensation Act of 2000.
‘‘(e) The Director shall take actions to inform and
assist potential claimants under the Energy Employees’
Occupational Illness Compensation Act of 2000, pursuant
to section 10(e) of such Act.’’.
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