gram for benefits in connection with military service 
administered by the Veterans’ Administration under 
title 38, United States Code. 
(17) WORKERS’ 
COMPENSATION
LAW.—The 
term ‘‘workers’ compensation law’’—
(A) means a law respecting a program ad-
ministered by a State or the United States to 
provide benefits, funded by a responsible em-
ployer or its insurance carrier, for occupational 
diseases or injuries or for disability or death 
caused by occupational diseases or injuries; 
(B) includes the Longshore and Harbor 
Workers’ Compensation Act (33 U.S.C. 901 et 
seq.) and chapter 81 of title 5, United States 
Code; and 
(C) does not include the Act of April 22, 
1908 (45 U.S.C. 51 et seq.), commonly known 
as the Federal Employers’ Liability Act, or 
damages recovered by any employee in a liabil-
ity action against an employer.
TITLE I—ASBESTOS CLAIMS 
RESOLUTION 
Subtitle A—Office of Asbestos 
Disease Compensation 
SEC. 101. ESTABLISHMENT OF OFFICE OF ASBESTOS DIS-
EASE COMPENSATION. 
(a) IN GENERAL.—
(1) ESTABLISHMENT.—There is established 
within the Department of Labor the Office of Asbes-
tos Disease Compensation (hereinafter referred to in 
this Act as the ‘‘Office’’), which shall be headed by 
an Administrator. 
(2) PURPOSE.—The purpose of the Office is to 
provide timely, fair compensation, in the amounts 
and under the terms specified in this Act, on a no-
fault basis and in a non-adversarial manner, to indi-
viduals whose health has been adversely affected by 
exposure to asbestos. 
(3) EXPENSES.—There shall be available from 
the Asbestos Injury Claims Resolution Fund to the 
Administrator such sums as are necessary for the 
administrative expenses of the Office, including the 
sums necessary for conducting the studies provided 
for in section 121(e). 
(b) APPOINTMENT OF ADMINISTRATOR.—
(1) IN
GENERAL.—The Administrator of the 
Office of Asbestos Disease Compensation shall be 
appointed by the President, by and with the advice 
and consent of the Senate. The Administrator shall 
serve for a term of 5 years. 
(2) REPORTING.—The Administrator shall re-
port directly to the Assistant Secretary of Labor for 
the Employment Standards Administration. 
(c) DUTIES OF ADMINISTRATOR.—
(1) IN GENERAL.—The Administrator shall be 
responsible for—
(A) processing claims for compensation for 
asbestos-related injuries and paying compensa-
tion to eligible claimants under the criteria and 
procedures established under title I; 
(B) determining, levying, and collecting as-
sessments on participants under title II; 
(C) appointing or contracting for the serv-
ices of such personnel, making such expendi-
tures, and taking any other actions as may be 
necessary and appropriate to carry out the re-
sponsibilities of the Office, including entering 
into cooperative agreements with other Federal 
agencies or State agencies and entering into 
contracts with non-governmental entities;
(D) conducting such audits and additional 
oversight as necessary to assure the integrity of 
the program; 
(E) managing the Asbestos Injury Claims 
Resolution Fund established under section 221, 
including—
(i) administering, in a fiduciary capac-
ity, the assets of the Fund for the exclu-
sive purpose of providing benefits to asbes-
tos claimants and their beneficiaries; 
(ii) defraying the reasonable expenses 
of administering the Fund; 
(iii) investing the assets of the Fund 
in accordance with section 222(b); 
(iv) retaining advisers, managers, and 
custodians who possess the necessary fa-
cilities and expertise to provide for the 
skilled and prudent management of the 
Fund, to assist in the development, imple-
mentation and maintenance of the Fund’s 
investment policies and investment activi-
ties, and to provide for the safekeeping and 
delivery of the Fund’s assets; and 
(v) borrowing amounts authorized by 
section 221(b) on appropriate terms and
conditions, including pledging the assets of 
or payments to the Fund as collateral; 
(F) promulgating such rules, regulations, 
and procedures as may be necessary and appro-
priate to implement the provisions of this Act; 
(G) making such expenditures as may be 
necessary and appropriate in the administration 
of this Act; 
(H) excluding evidence and disqualifying or 
debarring any attorney, physician, provider of 
medical or diagnostic services, including labora-
tories and others who provide evidence in sup-
port of a claimant’s application for compensa-
tion where the Administrator determines that 
materially false, fraudulent or fictitious state-
ments or practices have been submitted or en-
gaged in by such individuals or entities; and 
(I) having all other powers incidental, nec-
essary, or appropriate to carrying out the func-
tions of the Office. 
(2) CERTAIN
ENFORCEMENTS.—For each in-
fraction relating to paragraph (1)(H), the Adminis-
trator also may impose a civil penalty not to exceed 
$10,000 on any person or entity found to have sub-
mitted or engaged in a materially false, fraudulent
or fictitious statement or practice under this Act. 
The Administrator shall prescribe appropriate regu-
lations to implement paragraph (1)(H). 
(3) 
SELECTION
OF
DEPUTY
ADMINISTRA-
TORS.—The Administrator shall select a Deputy Ad-
ministrator for Claims Administration to carry out 
the Administrator’s responsibilities under this title 
and a Deputy Administrator for Fund Management 
to carry out the Administrator’s responsibilities 
under title II of this Act. The Deputy Administra-
tors shall report directly to the Administrator and 
shall be in the Senior Executive Service. 
(d) EXPEDITIOUS DETERMINATIONS.—The Adminis-
trator shall prescribe rules to expedite claims for asbestos 
claimants with exigent circumstances. 
(e) AUDIT
AND
PERSONNEL
REVIEW
PROCE-
DURES.—The Administrator shall establish audit and per-
sonnel review procedures for evaluating the accuracy of 
eligibility recommendations of agency and contract per-
sonnel. 
(f) APPLICATION OF FOIA.—
(1) IN
GENERAL.—Section 552 of title 5, 
United States Code (commonly referred to as the 
Freedom of Information Act) shall apply to the Of-