I
106TH CONGRESS
1ST SESSION
H. R. 3418
To establish a compensation program for employees of the Department of
Energy, its contractors, subcontractors, and beryllium vendors, who sus-
tained a beryllium-related illness due to the performance of their duty;
to establish a compensation program for certain workers at the Paducah,
Kentucky, gaseous diffusion plant; to establish a pilot program for exam-
ining the possible relationship between workplace exposure to radiation
and hazardous materials and illnesses or health conditions, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 17, 1999
Mr. KANJORSKI (for himself, Ms. KAPTUR, Mr. WAMP, Mr. WHITFIELD, Mrs.
BIGGERT, Mr. KLINK, Mr. BROWN of Ohio, Mr. UDALL of Colorado, Mr.
BRADY of Pennsylvania, Mr. HOLDEN, and Ms. SLAUGHTER) introduced
the following bill; which was referred to the Committee 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 provisions as fall within
the jurisdiction of the committee concerned
A BILL
To establish a compensation program for employees of the
Department of Energy, its contractors, subcontractors,
and beryllium vendors, who sustained a beryllium-related
illness due to the performance of their duty; to establish
a compensation program for certain workers at the Padu-
cah, Kentucky, gaseous diffusion plant; to establish a
pilot program for examining the possible relationship be-
tween workplace exposure to radiation and hazardous
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materials and illnesses or health conditions, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—ENERGY EMPLOYEES’
BERYLLIUM 
COMPENSATION
ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Energy Employees’
Beryllium Compensation Act’’.
SEC. 102. FINDINGS.
The Congress finds that—
(1) employees of the Department of Energy and
its predecessor agencies and employees of its con-
tractors and vendors have been and currently may
be exposed to harmful substances, including dust
particles or vapor of beryllium, while performing du-
ties uniquely related to the Department of Energy’s
nuclear weapons production program;
(2) 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 uniquely related to the
Department of Energy’s nuclear weapons production
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program can cause beryllium sensitivity and chronic
beryllium disease;
(3) existing information indicates that state
workers’ compensation programs have failed to pro-
vide efficient, uniform, and adequate compensation
to remedy the concerns addressed by this title;
(4) the civilian men and women who performed
duties uniquely related to the Department of Ener-
gy’s nuclear weapons production program over the
last 50 years should have efficient, uniform, and
adequate compensation for beryllium-related health
conditions for which sufficient scientific proof exists
of casual connection to occupational exposure;
(5) this situation is sufficiently unique to the
Department of Energy’s nuclear weapons production
program that it is appropriate for Congressional ac-
tion; and
(6) this action is not intended to have any prec-
edential effect beyond this program.
SEC. 103. DEFINITIONS.
For the purpose of this title—
(1) ‘‘beryllium vendor’’ means:
(A) Atomics International;
(B) Brush Wellman, Inc.;
(C) General Atomics;
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(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, Inc.;
(H) Wyman Gordan, Inc.; or
(I) any other vendor, processor, or pro-
ducer of beryllium or related products des-
ignated as a beryllium vendor for the purposes
of this title in regulations issued by the Sec-
retary pursuant to section 104 of this title;
(2) ‘‘compensation’’ means the money allowance
payable under this title and any other benefits paid
for from the Energy Employees’ Beryllium Com-
pensation Fund including the retroactive compensa-
tion payable pursuant to section 111 of this title;
(3) ‘‘covered employee’’ means—
(A) an employee of any contractor that
contracted with the Department of Energy to
provide management and operation, manage-
ment and integration, or environmental remedi-
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ation of a Department of Energy facility or an
employee of any subcontractor that provided
services, including construction, at such a facil-
ity;
(B) an employee of a beryllium vendor dur-
ing a period of time when that entity was en-
gaged in activities related to beryllium that was
produced or processed for sale to, or use by, the
Department of Energy; or
(C) an individual defined as an employee
in section 8101(1) of title 5, United States
Code, who may have been exposed to beryllium
at a Department of Energy facility or at a facil-
ity owned, operated, or occupied by a beryllium
vendor;
(4) ‘‘covered illness’’ means any of the following
conditions:
(A) Beryllium Sensitivity, established by
an abnormal beryllium lymphocyte proliferation
test performed on either blood or lung lavage
cells;
(B) Chronic Beryllium Disease, established
by—
(i) beryllium sensitivity, as defined in
subparagraph (A), and
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(ii) lung pathology consistent with
Chronic Beryllium Disease, such as—
(I) 
a 
lung 
biopsy 
showing
granulomas or a lymphocytic process
consistent with Chronic Beryllium
Disease,
(II) a computerized axial tomog-
raphy scan showing changes con-
sistent with Chronic Beryllium Dis-
ease, or
(III) pulmonary function or exer-
cise testing showing pulmonary defi-
cits consistent with Chronic Beryllium
Disease; or
(C) any injury or illness sustained as a
consequence of a covered illness as defined in
subparagraph (A) or (B) of this paragraph;
(5) ‘‘Department of Energy’’ includes the pred-
ecessor agencies of the Department of Energy;
(6) ‘‘Department of Energy facility’’ means any
building, structure, or premises, including the
grounds upon which they are located, in which oper-
ations are conducted by, or on behalf of, the Depart-
ment of Energy and with regard to which the De-
partment of Energy has a proprietary interest or
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has entered into a contract with an entity to provide
management and operation, management and inte-
gration, or environmental remediation;
(7) ‘‘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
compensable disability recurs, if the recurrence be-
gins more than 6 months after the covered employee
resumes regular full-time employment, whichever is
greater, except when otherwise determined under
section 8113 of title 5, United States Code;
(8) ‘‘Secretary’’ means the Secretary of Energy.
(9) ‘‘time of injury’’ means the last date on
which a covered employee was exposed to beryllium
in the performance of duty as specified in section
106 of this title; and
(10) 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) ‘‘widow’’;
(D) ‘‘parent’’;
(E) ‘‘brother’’ and ‘‘sister’’;
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(F) ‘‘child’’;
(G) ‘‘grandchild’’;
(H) ‘‘widower’’;
(I) ‘‘student’’;
(J) ‘‘price index’’;
(K) ‘‘organ’’; and
(L) ‘‘United States medical officers and
hospitals’’.
SEC. 104. REGULATORY AUTHORITY TO REVISE DEFINI-
TIONS.
(a) Additional vendors, processors, or producers of
beryllium or related products may be designated as beryl-
lium vendors for the purposes of this title in regulations
issued by the Secretary, upon finding that such entities
have been engaged in activities related to beryllium that
was produced or processed for sale to, or use by, the De-
partment of Energy in a manner similar to the entities
listed in section 103(l) of this title.
(b) Additional criteria by which a claimant may es-
tablish the existence of a covered illness, as defined in sec-
tion 103(4) (A) or (B), may be specified in regulations
issued by the Secretary, after consultation with the agency
that contracts to administer this title.
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SEC. 105. ADMINISTRATION.
(a) The Secretary shall administer this title and may
enter into an agreement with another agency of the United
States to utilize its services and facilities for the adminis-
tration of this title, and to compensate them for such use.
An agency of the United States may enter into a reimburs-
able agreement with the Secretary for the administration
of this title. The Secretary may delegate to any officer
or employee, or to any agency of the United States, all
powers and duties necessary for carrying out the purposes
of this title.
(b) To assist and facilitate administration of this
title, the Secretary shall—
(1) ensure the ready availability, in paper or
electronic format or in both formats, of forms nec-
essary for making claims and providing information
under this title;
(2) provide assistance to employees in connec-
tion with this title.
(c) Upon a notification that a claimant has made a
claim for benefits under this title, the Secretary shall pro-
vide information concerning the claim to the officers or
employees with delegated responsibility for administering
this title.
(d) The Secretary may require a beryllium vendor to
provide information concerning a claim filed under this
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title to the officers or employees with delegated responsi-
bility for administering this title.
SEC. 106. EXPOSURE TO BERYLLIUM IN THE PERFORM-
ANCE OF DUTY.
(a) In the absence of substantial evidence to the con-
trary, a covered employee, as defined in section 103(3) (A)
or (C) of this title, shall be determined to have been ex-
posed to beryllium in the performance of duty for the pur-
poses of this title if, and only if, the covered employee was
employed at a Department of Energy facility, or was
present at the facility or at a facility owned or operated
by a beryllium vendor, because of employment by the
United States or a contractor or subcontractor of the De-
partment of Energy, for any period of time, during a time
period when beryllium dust particles or vapor may have
been present at that facility.
(b) In order to be determined to have been exposed
to beryllium in the performance of duty for the purposes
of this title, a covered employee, as defined by section
103(3)(B) of this title, must establish by substantial evi-
dence that he or she may have been exposed to dust par-
ticles or vapor of beryllium that was produced or processed
for sale to, or use by, the Department of Energy.
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suant to the provisions of section 8104 and 8111(b)
of title 5, United States Code
unless the covered illness or death was caused by one of
the circumstances set forth in subsections (a)(1)–(3) of
section 8102 of title 5, United States Code.
(b) All compensation under this title shall be paid
from the Energy Employees’ Beryllium Compensation
Fund and shall be limited to the amounts available in the
Fund.
(c) No payment of compensation may be made under
this title for any period prior to the effective date of this
title, except for the retroactive compensation specified in
section 111 of this title.
SEC. 108. COMPUTATION OF PAY.
(a) Except as otherwise provided by this title or by
regulation, computation of pay under this title shall be de-
termined in accordance with section 8114 of title 5,
United States Code.
(b) If either of the methods of determining the aver-
age annual earnings specified in section 8114(d)(1) and
(2) of title 5, United States Code, cannot be applied rea-
sonably and fairly, the average annual earnings are a sum
that reasonably represents the annual earning capacity of
the covered employee in the employment in which the em-
ployee was working at the time of injury having regard
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to the previous earnings of the employee in similar employ-
ment, and for other employees of the same employer in
the same or most similar class working in the same or
most similar employment in the same or neighboring loca-
tion, 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 injury.
SEC. 109. LIMITATIONS ON RECEIVING COMPENSATION.
(a) While a covered employee as defined in section
103(3)(C) is receiving compensation under this title, or
if the covered employee has been paid a lump sum in com-
mutation of installment payments until the expiration of
the period during which the installment payments would
have continued, the covered employee may not receive sal-
ary, 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 administered by the Depart-
ment of Veterans Affairs unless such benefits are
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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.
(b) An individual eligible to receive benefits under
this title because of a covered illness, or because of the
death of a covered employee as defined in section
103(3)(C), who also is entitled to receive from the United
States under a provision of statute other than this title
payments or benefits for that covered illness or death (ex-
cept proceeds of an insurance policy), because of service
by the covered 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 Secretary. The
election when made is irrevocable, except as otherwise pro-
vided by statute.
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(c) While a covered employee is receiving compensa-
tion under this title, or if the covered employee has been
paid a lump sum commutation of installment payments
until the expiration of the period during which the install-
ment payments would have continued, the covered em-
ployee may not receive payment of any benefits under any
other Federal workers’ compensation system for the same
covered illness or the same death. Such an individual shall
elect which benefits to receive. The individual shall make
the election within the time allowed by the Secretary. The
election when made is irrevocable.
(d) An individual eligible to receive benefits under
this title because of a covered illness or death of a covered
employee who is also entitled to receive benefits because
of the covered illness or death of the covered employee
from a State workers’ compensation system shall elect
which benefits to receive, unless—
(1) at the time of injury workers’ compensation
coverage for the covered employee was secured by a
policy or contract of insurance; and
(2) the Secretary waives the requirement to
make such an election.
(e) An individual required to make the election speci-
fied in subsection (d) of this section shall make the elec-
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tion within the time allowed by the Secretary. The election
when made irrevocable.
(f) A widow or widower who is eligible for benefits
under this title derived from more than one husband or
wife shall elect one benefit to be utilized.
SEC. 110. COORDINATION OF BENEFITS.
(a) A claimant, except as specified in subsection (b)
of this section, awarded benefits under this title as a result
of a covered illness or death of a covered employee who
has received benefits because of the covered illness or
death from any other State or Federal workers’ compensa-
tion system and who has elected benefits under this title
pursuant to section 109(c) or (d) of this title shall receive
compensation as specified in this title for the covered ill-
ness or death, reduced by the amount of any workers’
compensation benefits, that the claimant has received or
will receive on account of the covered illness or death
under any State or Federal workers’ compensation system,
after deducting the reasonable costs, as determined by the
Secretary, of obtaining such benefits.
(b) A claimant awarded benefits under this title as
a result of a covered illness or death of a covered employee
who has received benefits from a State Workers’ com-
pensation system because of the covered illness or death
and who has received a waiver, pursuant to section
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109(d)(2) of this title, of the requirement to elect between
benefits under this title and benefits under a state work-
ers’ compensation system shall receive compensation as
specified in this title for the covered illness or death, re-
duced by eighty percent of the net amount of any workers’
compensation benefits that the claimant has received or
will receive on account of the covered illness or death
under a state workers’ compensation system, after deduct-
ing the reasonable costs, as determined by the Secretary,
of obtaining such benefits.
SEC. 111. RETROACTIVE COMPENSATION.
(a) A covered employee, who was exposed to beryllium
in the performance of duty, as determined in accordance
with section 106 of this title, and who, in addition—
(1) was diagnosed, prior to October 1, 1999, as
having a beryllium-related pulmonary condition,
whether or not based upon the criteria necessary to
establish the existence of a covered illness under sec-
tion 103(4) of this title, that was determined, either
contemporaneously or at any time later, to be con-
sistent with Chronic Beryllium Disease, as defined
in section 103(4)(B) and
(2) demonstrates the existence of a beryllium-
related pulmonary condition, and its diagnosis, by
medical documentation created during the covered
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employee’s lifetime or at the time of death or au-
topsy,
may elect to receive retroactive compensation in the
amount of $100,000, in lieu of any other compensation
to which the covered employee or the employee’s survivors
might otherwise be awarded under this title.
(b) If a covered employee who would have been eligi-
ble to make the election provided by this section dies be-
fore the effective date of this title, or before making the
election, whether or not the death is the result of a beryl-
lium-related condition, the employee’s survivor or sur-
vivors may make the election to receive retroactive com-
pensation in the amount of $100,000 in lieu of any other
compensation that either the covered employee or the em-
ployees survivors might otherwise have been awarded
under this title. The right to make an election pursuant
to this section shall be afforded to survivors in the order
of precedence set forth in section 8109 of title 5, United
States Code.
(c) The election to receive retroactive compensation
in lieu of other compensation under this statute shall be
made within 30 days after the date of a decision deter-
mining an award of compensation for total disability or
partial disability under this title or the date that the Sec-
retary informs the employee or the employee’s survivor of
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the decision to make such an election, whichever is later,
unless the time is extended. The election when made by
a covered employee or survivor is irrevocable and binding
on all survivors.
(d) When a covered employee, or the employee’s sur-
vivor, has made an election to receive retroactive com-
pensation pursuant to this section, no other payment of
compensation under this title may be made on account of
the same or any other covered illness or beryllium-related
pulmonary condition of that employee.
(e) A determination that a covered employee or a sur-
vivor of a covered employee has established a beryllium-
related pulmonary condition, pursuant to subsection (a)
of this section, does not constitute a determination that
the covered employee, or a survivor of the covered em-
ployee, has established the existence of a covered illness.
(f) The retroactive compensation payable under this
section shall not be subject to the cost-of-living adjustment
set forth in section 8146a(a) of title 5, United States
Code.
SEC. 112. EXCLUSIVITY OF REMEDY AGAINST THE UNITED
STATES, CONTRACTORS, AND SUBCONTRAC-
TORS.
(a) The liability of the United States or an instru-
mentality of the United States under this title with respect
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to a covered illness, beryllium-related pulmonary condi-
tion, or death of a covered employee is exclusive and in-
stead of all other liability—
(1) of—
(A) the United States;
(B) the instrumentality;
(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;
(D) a subcontractor that provided services,
including construction, at a Department of En-
ergy facility; and
(E) an employee, agent, or assign of an en-
tity specified in subparagraphs (A)–(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 a covered employee has a
cause of action relating to the covered illness or
death, otherwise entitled to recover damages
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from the United States, the instrumentality, the
contractor, the subcontractor, or the employee,
agent, or assign of one of them,
because of the covered illness, beryllium-related pulmonary
condition, or death in any proceeding 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) This section applies to all cases in which a final
judgment that is not subject to any further judicial review
has not been entered on or before the date of enactment
of this title.
(c) This section does not apply to an administrative
or judicial proceeding under a state or federal workers’
compensation statute subject to sections 109 and 110 of
this title.
SEC. 113. ELECTION OF REMEDY AGAINST BERYLLIUM VEN-
DORS.
(a) If an individual elects to accept payment under
this title with respect to a covered illness, beryllium-re-
lated pulmonary condition, or death of a covered employee,
that acceptance of payment shall be in full settlement of
all claims—
(1) against—
(A) a beryllium vendor, and
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(B) an employee, agent, or assign of a be-
ryllium 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 illness or
death, otherwise entitled to recover damages
from the beryllium vendor or the employee,
agent, or assign of the beryllium vendor,
that arise out of the covered illness, beryllium-related pul-
monary condition, or death in any proceeding or action
including a direct judicial proceeding, a civil action, a pro-
ceeding in admiralty, or proceeding under a tort liability
statute or the common law.
(b) This section does not apply to an administrative
or judicial proceeding under a State or Federal workers’
compensation statute subject to sections 109 and 110 of
this title.
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SEC. 114. CLAIM.
A claim for compensation under this title shall be
made in the manner specified in section 8121 of title 5,
United States Code.
SEC. 115. TIME LIMITATION ON FILING A CLAIM.
(a) A claim for compensation under this title must
be filed within the later of—
(1) seven years after the effective date of this
title, or
(2) seven years after the date the claimant first
becomes aware of—
(A) a diagnosis of a covered illness or a be-
ryllium-related pulmonary condition, and
(B) the causal connection of that illness or
condition to exposure to beryllium in the per-
formance of duty as a covered employee.
(b) A new limitations period commences with each
later diagnosis of a covered illness or beryllium-related
pulmonary condition different from that previously diag-
nosed.
SEC. 116. REVIEW OF AWARD.
The action of the Secretary, or his or her designee,
including an agency that provides services in the adminis-
tration of this title pursuant to an agreement, in allowing
or denying a payment under this title is—
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(1) final and conclusive for all purposes and
with respect to all questions of law and fact, and
(2) not subject to review by another official of
the United States or by a court by mandamus or
otherwise.
SEC. 117. ASSIGNMENT OF CLAIM.
An assignment of a claim for compensation under
this title is void. Compensation and claims for compensa-
tion are exempt from claims of creditors.
SEC. 118. ADJUDICATION.
(a) A claimant may obtain reconsideration of a deci-
sion awarding or denying coverage under this title after
the promulgation by the Secretary, pursuant to section
104 of this title, of new criteria for establishing coverage
of a covered illness by submitting evidence that is relevant
and pertinent to the new criteria.
(b) Except to the extent specified in this title, the
adjudication of issues under this title shall be conducted
in accordance with the provisions of sections 8123–8127,
8128(a), and 8129 of title 5, United States Code.
SEC. 119. SUBROGATION OF THE UNITED STATES.
(a) If a covered illness, death, or beryllium-related
pulmonary condition for which compensation is payable
under this title is caused under circumstances creating a
legal liability in a person other than the United States
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to pay damages, sections 8131 and 8132 of title 5, United
States Code, shall apply, except to the extent specified in
this statute.
(b) For purposes of this section, references in sec-
tions 8131 and 8132 of title 5, United States Code, to
the Employees’ Compensation Fund shall mean the En-
ergy Employees’ Beryllium Compensation Fund.
(c) For the purposes of this title, the provision in sec-
tion 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 action described in that section
is in an active duty status while so engaged shall only
apply to a covered employee, as defined in section
103(3)(C) of this title.
SEC. 120. ENERGY EMPLOYEES’ BERYLLIUM COMPENSA-
TION FUND.
(a) To carry out this title, there is hereby created
in the Treasury of the United States the Energy Employ-
ees’ Beryllium Compensation Fund which shall consist
of—
(1) sums that are appropriated for it,
(2) amounts that are transferred to it from
other Department of Energy accounts pursuant to
section 125(a), and
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(3) amounts that would otherwise accrue to it
under this title.
(b) Amounts in the Energy Employees’ Beryllium
Compensation Fund are authorized to be used for the pay-
ment of compensation and other benefits and expenses au-
thorized by this title and for payment of all expenses in-
curred in administering this title. Such funds are author-
ized to be appropriated to remain available until expended.
(c)(1) Within 45 days of the end of every quarter of
every fiscal year, the Secretary shall determine the total
costs of benefits, administrative expenses, and other pay-
ments made from the Energy Employees’ Beryllium Com-
pensation Fund during the quarter just ended; the end-
of-quarter balance in the Fund; and the amount antici-
pated to be needed during the immediately succeeding two
quarters for the payment of benefits and administrative
expenses under this title.
(2) Each cost determination made in the last quarter
of the fiscal year under paragraph (1) shall show, in addi-
tion, the total costs of benefits and expenses and other
payments from the Fund during the preceding twelve-
month expense period and an estimate of the expenditures
from the Energy Employees’ Beryllium Compensation
Fund for the payment of benefits and expenses and other
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payments for each of the immediately succeeding two fis-
cal years.
SEC. 121. FORFEITURE OF BENEFITS BY CONVICTED FEL-
ONS.
(a) Any individual convicted of a violation of section
1920 of title 18, or any other Federal or State criminal
statute relating to fraud in the application for or receipt
of any benefit under this title or under any other Federal
or State workers’ compensation Act, shall forfeit (as of
the date of such conviction) any benefit such individual
would otherwise be awarded to under this title for any cov-
ered illness for which the time of injury was on or before
the date of such conviction. Such forfeiture shall be in ad-
dition to any action the Secretary may take pursuant to
the provisions of sections 8106 or 8129 of title 5, United
States Code.
(b)(1) Notwithstanding any other provision of law
(except as provided under paragraph (3)), no benefits
under this title shall be paid or provided to any individual
during any period during which such individual is confined
in a jail, prison, or other penal institution or correctional
facility, pursuant to that individual’s conviction of an of-
fense that constituted a felony under applicable law.
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(2) Such an individual shall not receive the benefits
forfeited during the period of incarceration under para-
graph (1), after the period of incarceration ends.
(3) If an individual has one or more dependents as
defined under section 8110(a) of title 5, United States
Code, the Secretary may, during the period of incarcer-
ation, pay to these dependents a percentage of the benefits
that would have been payable to such individual computed
according to the percentages set forth in section 8133(a)
(1) through (5) of title 5, United States Code.
(c) Notwithstanding the provision of section 552a of
title 5, United States Code, or any other provision of Fed-
eral or State law, any agency of the United States Govern-
ment or of any State (or political subdivision thereof) shall
make available to the Secretary, upon written request, the
names and Social Security account numbers of individuals
who are confined in a jail, prison, or other penal institu-
tion or correctional facility under the jurisdiction of that
agency, pursuant to the individuals’ conviction of an of-
fense that constituted a felony under applicable law, which
the Secretary may require to carry out the provisions of
this section.
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SEC. 122. REGULATIONS—BERYLLIUM COMPENSATION AP-
PEALS PANEL.
The Secretary may prescribe regulations necessary
for the administration and enforcement of this title includ-
ing regulations for the conduct of hearings under this title.
The regulations shall provide for a Beryllium Compensa-
tion Appeals Panel 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
determinations and awards with respect to claims of cov-
ered employees. Members of the Panel may be appointed
by another agency of the United States to provide these
appellate decision-making services pursuant to agreement
with the Secretary.
SEC. 123. CIVIL SERVICE RETENTION RIGHTS.
In the event that a covered employee, as defined in
section 103(3)(C) of this title, resumes employment with
the Federal Government, the individual shall be entitled
to the rights set forth in section 8151 of title 5, United
States Code.
SEC. 124. ANNUAL REPORT.
The Secretary shall, at the end of each fiscal year,
prepare a report with respect to the administration of this
title.
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SEC. 125. AUTHORIZATION OF APPROPRIATIONS.
(a) There is hereby authorized to be appropriated to
the Department of Energy for deposit into the Energy
Employees’ Beryllium Compensation Fund such sums as
are necessary to carry out the purposes of this Act. In
addition, the Department is authorized, to the extent pro-
vided in advance in appropriations Acts, to transfer
amounts to the Fund from other Department of Energy
appropriations accounts, to be merged with amounts in the
Fund and available for the same purposes.
(b) In any fiscal year, the Secretary shall limit the
amount of the compensation and benefits payments to an
amount not in excess of the sum of the appropriations to
the Fund and amounts made available by transfer to the
Fund. Notwithstanding any other provision of this Act,
if in any fiscal year the Secretary finds that estimates of
amounts contained in reports pursuant to section
120(c)(1) for the payment of compensation, other benefits,
and administrative activities authorized by this Act will
exceed the amounts in the Fund, the Secretary is required
to reduce compensation and benefits payments to the ex-
tent necessary to make up any amounts by which benefits
and other costs authorized by this Act exceed the amount
in the Fund calculated on a fiscal year basis.
(c) The Secretary shall promulgate regulations to im-
plement this section within 180 days of enactment.
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SEC. 126. CONSTRUCTION.
References in this title to a provision of another stat-
ute shall be considered references to such provision, as
amended and as may be amended from time to time.
SEC. 127. 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’ Beryl-
lium Compensation Act’’ after ‘‘title 5’’.
(b) Section 1921 of title 18 is amended by inserting
in the title ‘‘or Energy employees’ ’’ after ‘‘Federal em-
ployees’ ’’ and by inserting ‘‘or the Energy Employees’ Be-
ryllium Compensation Act’’ after ‘‘title 5’’.
(c) Section 1922 of title 18 is amended by—
(1) inserting in the title ‘‘or Energy employ-
ees’ ’’ after ‘‘Federal employees’ ’’;
(2) inserting ‘‘(a)’’ before ‘‘Whoever,’’;
(3) striking ‘‘, neglects,’’ after ‘‘willfully fails’’;
and
(4) inserting a new subsection as follows:
‘‘(b) Whoever is charged with the responsibility for
providing information pursuant to sections 105(c) and
105(d) of the Energy Employees’ Beryllium Compensation
Act and who willfully fails or refuses to provide this infor-
mation, or knowingly provides false information, or in-
duces, compels, or directs an injured employee to forego
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filing of any claim for compensation or other benefits pro-
vided under the Energy Employees’ Beryllium Compensa-
tion Act or any extension or application thereof, or will-
fully retains any notice, report, claim, or paper which is
required to be filed under that Act or any extension or
application thereof, or regulations prescribed thereunder,
shall be fined under this title or imprisoned not more than
one year, or both.’’.
SEC. 128. EFFECTIVE DATE.
This title is effective upon enactment, and applies to
all claims, civil actions, and proceedings pending on, or
filed on or after, the date of the enactment of this title.
TITLE II—ENERGY EMPLOYEES
PILOT PROJECT ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Energy Employees
Pilot Project Act’’.
SEC. 202. PILOT PROJECT.
The Secretary of Energy shall conduct a pilot pro-
gram to examine the possible relationship between work-
place exposures to radiation, hazardous materials, or both,
and occupational illness or other adverse health conditions.
SEC. 203. PHYSICIANS PANEL.
Under section 202, a panel of physicians who spe-
cialize in diseases and health conditions related to occupa-
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tional exposure to radiation, hazardous materials, or both
selected by the contractor that managed the Department
of Energy’s East Tennessee Technology Park (referred to
in this title as the ‘‘facility’’) shall prepare a report con-
cerning medical examinations of not more than 55 current
and former employees of the facility. The report shall ad-
dress whether each of these employees may have sustained
any illness or other adverse health condition as a result
of their employment at the facility.
SEC. 204. SECRETARY OF ENERGY FINDING.
The contractor shall provide the report of the penal
completed under section 203 to the Secretary of Energy.
The Secretary of Energy shall make a finding as to wheth-
er an employee covered by the report sustained an illness
or other adverse health condition as a result of exposure
to radiation, hazardous materials, or both as part of em-
ployment at the facility.
SEC. 205. AWARD.
If the Secretary of Energy makes a positive finding
under section 204 regarding an employee, the Secretary
may make an award to the employee of $100,000. If the
employee is eligible for an award under the Energy Em-
ployees’ Beryllium Compensation Act, the employee may
elect to receive payment under this title in place of com-
pensation under that Act.
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SEC. 206. ELECTION.
The election to receive an award under section 205
of this title, in lieu of compensation under the Energy Em-
ployees’ Beryllium Compensation Act, shall be made with-
in 30 days after the date of a decision by the Secretary
of Energy determining to award compensation for total
disability or partial disability under the Energy Employ-
ees’ Beryllium Compensation Act or the date that the Sec-
retary of Energy informs the employee of the decision to
make such an election, whichever is later, unless the time
is extended by the Secretary of Energy. This election when
made is irrevocable and binding on all survivors.
SEC. 207. SURVIVOR’S ELECTION.
If an employee who would have been eligible to make
the election provided by this section dies before making
this election, a survivor of the employee may make the
election to receive an award pursuant to section 206 of
this title, in lieu of any compensation to which either the
employee or the employee’s survivor might otherwise have
been awarded under the Energy Employees’ Beryllium
Compensation Act. The right to make an election pursu-
ant to this section shall be afforded to survivors in the
order of precedence set forth in section 8109 of title 5,
United States Code, as amended, and as may be amended
from time to time.
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SEC. 208. STATUS OF AWARD.
The award specified in section 205 of this title shall
not be considered income for purposes of the Internal Rev-
enue Code.
SEC. 209. PAYMENT IN FULL SETTLEMENT OF CLAIMS
AGAINST THE UNITED STATES, CONTRAC-
TORS, AND SUBCONTRACTORS.
(a) If an individual elects to accept payment under
this title, that acceptance of payment shall be in full settle-
ment of all claims—
(1) against—
(A) the United States;
(B) the Department of Energy;
(C) a contractor that contracted with the
Department of Energy to provide management
and operation, management and integration, or
environmental remediation at the facility;
(D) a subcontractor that provided services,
including construction, at the facility; and
(E) an employee, agent, or assign of an en-
tity or individual specified in subparagraphs
(A)–(D)
(2) by—
(A) that individual;
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(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 illness or
death, otherwise entitled to recover damages
from an entity or individual specified in sub-
section (1),
that arise out of the condition for which the payment was
made, in any proceeding or action including a direct judi-
cial proceeding, a civil action, a proceeding in admiralty,
or an administrative or judicial proceeding under a tort
liability statute, the common law, or another Federal
workers’ compensation statute.
(b) This section does not apply to an administrative
or judicial proceeding under a State workers’ compensa-
tion statute.
(c) A claimant who is awarded benefits under this
title for an illness or other adverse health condition and
who has received any payment made under a final award
or judgment or settlement on a claim, including a claim
under any State or other Federal workers’ compensation
system, because of the same illness or adverse health con-
ditions, shall receive compensation as specified in this title
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for the illness or adverse health conditions, reduced by the
amount of any such payment, excluding payments for
medical expenses under a workers’ compensation system.
SEC. 210. SUBROGATION.
Upon making an award under this title, the United
States is subrogated for the amount of the award to a
right or claim that the employee to whom the award was
made may have against any person on account of the same
illness or adverse health condition that was the cause of
the award.
SEC. 211. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as are necessary to carry out this title and these funds
shall remain available until expended. Authority under this
title to make payments is effective in any fiscal year only
to the extent, or in the amounts, provided in advance in
an appropriations Act.
TITLE 
III—PADUCAH 
EMPLOY-
EES EXPOSURE COMPENSA-
TION ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Paducah Employees’
Exposure Compensation Act’’.
SEC. 302. DEFINITIONS.
For purposes of this title—
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(1) ‘‘Department of Energy’’ includes the pred-
ecessor agencies of the Department of Energy;
(2) ‘‘Paducah employee’’ means an individual
employed at the Paducah, Kentucky, gaseous diffu-
sion plant by—
(A) the Department of Energy, or
(B) an entity that contracted with the De-
partment of Energy to provide management
and operations, management and integration, or
environmental remediation at the plant; and
(3) ‘‘specified disease’’ means—
(A) 
leukemia 
(other 
than 
chronic
lymphocytic leukemia), provided that the initial
exposure occurred after the age of 20 and the
onset of the disease was between two and 30
years after first exposure; and
(B) the following diseases, provided onset
was at least five years after first exposure:
(i) multiple myeloma,
(ii) lymphomas (other than Hodgkin’s
disease), and
(iii) primary cancer of the bone, lung
(provided not a heavy smoker), thyroid
(provided initial exposure occurred by the
age of 20), male or female breast (provided
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initial exposure occurred prior to age 40),
esophagus (provided low alcohol consump-
tion and not a heavy smoker), stomach
(provided initial exposure occurred before
age 30), pharynx (provided not a heavy
smoker), small intestine, pancreas (pro-
vided not a heavy smoker), bile ducts, gall
bladder, or liver (except if cirrhosis or hep-
atitis B is indicated)
SEC. 303. PADUCAH EMPLOYEES’ EXPOSURE COMPENSA-
TION FUND.
(a) ESTABLISHMENT.—There is established in the
Treasury of the United States the Paducah Employees’
Exposure Compensation Fund (referred to in this title as
the ‘‘Fund’’).
(b) PURPOSE.—The amounts in the Fund are avail-
able only for disbursement by the Attorney General under
section 305.
(c) TERMINATION.—The Fund shall terminate 22
years after the date of enactment of this title. If all of
the amounts in the Fund have not been expended by the
end of that 22-year period, amounts remaining in the
Fund shall be deposited in the miscellaneous receipts ac-
count in the Treasury.
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(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Fund such sums
as may be necessary to carry out the purposes of this title.
Amounts appropriated to the Fund remain available until
expended or until deposited in the Treasury under sub-
section (d).
(e) AUTHORITY.—Authority under this title to enter
into contracts or to make payments is effective in any fis-
cal year only to the extent, or in the amounts, provided
in advance in an appropriations Act.
SEC. 304. ELIGIBLE EMPLOYEES.
A Paducah employee who—
(1) was employed at the Paducah, Kentucky,
gaseous diffusion plant for at least one year during
the period beginning on January 1, 1953, and end-
ing on February 1, 1992;
(2) during that period—
(A) was monitored through the use of do-
simetry badges for exposure at the plans of the
external parts of the employee’s body to radi-
ation from gamma rays, or
(B) worked in a job that, as determined by
regulation, led to exposure to radioactive con-
taminants, including plutonium contaminants;
and
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(B) in consultation with the Secretary of
Energy, establish guidelines for making deter-
minations of employment under section 304(1)
and exposure under section 304(2).
(3) The Attorney General may consult with the
Surgeon General and the Secretary of Energy in
making determinations of eligibility for compensa-
tion.
(c) PAYMENT.—
(1) the Attorney General is authorized to pay,
from amounts available in the Fund, claims filed
under this title that the Attorney General deter-
mines meet the requirements of this title.
(2) Upon payment of a claim under this sec-
tion, the United States is subrogated for the amount
of the payment to a right or claim that the indi-
vidual to whom the payment was made may have
against any person on account of a specified disease
contracted following employment and exposure as set
out in section 304.
(3)(A) In the case of a Paducah employee who
is deceased at the time of payment under this sec-
tion, the payment may be made only as follows:
(i) If the Paducah employee is survived by
a spouse who is living at the time of payment,
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the payment shall be made to the surviving
spouse.
(ii) If there is no spouse living at the time
of payment, the payment shall be made in equal
shares to all children of the Paducah employee
who are living at the time of payment.
(iii) If there are no spouse or children liv-
ing at the time of payment, the payment shall
be made in equal shares to the parents of the
Paducah employee who are living at the time of
payment.
(iv) If there are no spouse, or parents liv-
ing at the time of payment, the payment shall
be made in equal shares to all grandchildren of
the Paducah employee who are living at the
time of payment.
(v) If there are no spouse, children, par-
ents, or grandchildren living at the time of pay-
ment, the payment shall be made in equal
shares to the grandparents of the Paducah em-
ployee who are living at the time of payment.
(B) If a Paducah employee eligible for payment
under this title dies before filing a claim under this
title, a survivor of that employee who may receive
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payment under subparagraph (A) may file a claim
for payment under this title.
(C) For purposes of this paragraph—
(i) the ‘‘spouse’’ of a Paducah employee is
a wife or husband of that employee who was
married to that employee for at least one year
immediately before the death of that employee;
(ii) a ‘‘child’’ includes a natural child, a
stepchild in a regular parent-child relationship,
and an adopted child;
(iii) a ‘‘parent’’ includes fathers and moth-
ers through adoption;
(iv) a ‘‘grandchild’’ of a Paducah employee
is a child of a child of that employee; and
(v) a ‘‘grandparent’’ of a Paducah em-
ployee is a parent of a parent of that employee.
(d) ACTION ON CLIAM.—
(1) The Attorney General shall complete the de-
termination on each claim filed in accordance with
the procedures established under subsection (a) not
later than twelve months after the claim is so filed.
(2) The Attorney General may request from a
claimant, or from an individual or entity on behalf
of a claimant, additional information or documenta-
tion necessary to complete the determination on the
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claim in accordance with the procedures established
under subsection (b). The period of time from the
Attorney General’s request for additional informa-
tion or documentation until the time the information
or documentation is provided, or the requested party
informs the Attorney General the information or
documentation cannot or will not be provided, is not
counted toward the twelve month time-limit estab-
lished under this subsection.
(e) PAYMENT
IN FULL SETTLEMENT
OF CLAIMS
AGAINST THE UNITED STATES, CONTRACTORS, AND SUB-
CONTRACTORS.—(1) If an individual elects to accept pay-
ment under this title, that acceptance of payment shall
be in full settlement of all claims—
(A) against—
(i) the United States;
(ii) the Department of Energy;
(iii) a contractor that contracted with the
Department of Energy to provide management
and operation, management and integration, or
environmental remediation at the Paducah facil-
ity;
(iv) a subcontractor that provided services,
including construction, at the Paducah facility;
and
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(v) an employee, agent, or assign of an en-
tity or individual specified in clauses (i)–(iv)
(B) by—
(i) that individual;
(ii) that individual’s legal representative,
spouse, dependents, survivors, and next of kin;
and
(iii) any other person, including any third
party as to whom a covered employee has a
cause of action relating to the covered illness or
death, otherwise entitled to recover damages
from an entity or individual specified in sub-
paragraph (A),
that arise out of the illness for which the payment was
made, in any proceeding or action including a direct judi-
cial proceeding, a civil action, a proceeding in admiralty,
or an administrative or judicial proceeding under tort li-
ability statute, the common law, or another Federal work-
ers’ compensation statute.
(2) This section shall not apply to an administrative
or judicial proceeding under a state workers’ compensation
statute.
(3) A claimant who is awarded benefits under this
title for a specified illness and who has received any pay-
ment under a final award or judgment or settlement on
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a claim, including a claim under any State or other Fed-
eral workers’ compensation system, because of the same
specified illness shall receive compensation as specified in
this title for the specified illness, reduced by the amount
of any such payment, excluding payments for medical ex-
penses under a workers’ compensation system.
(4) An individual may receive no more than one pay-
ment under this title. An individual may not receive com-
pensation under this title and under the Radiation Expo-
sure Compensation Act (42 U.S.C. 2210 note), or under
the Radiation-Exposed Veterans Compensation Act (38
U.S.C. 112(c)).
(f) COSTS
OF
ADMINISTERING
THE
ADJUDICA-
TIONS—
(1) Costs incurred by the Attorney General in
carrying out this section shall not be paid from the
Fund or set off against, or otherwise deducted from,
a payment under this section to an individual.
(2) The Department of Energy shall reimburse
the Department of Justice for the costs incurred by
the Department of Justice in connection with estab-
lishing and administering the program established
by this title until the duties of the Attorney General
terminate under subsection (g).
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(g) TERMINATION
OF ATTORNEY GENERAL DU-
TIES.—The duties of the Attorney General under this sec-
tion ceases when the Fund terminates.
(h) PAYMENTS UNDER OTHER LAWS.—An amount
paid to an individual under this section—
(1) shall not be subject to Federal income tax
under the internal revenue laws of the United
States;
(2) shall not be included as income or resources
for purposes of determining eligibility to receive ben-
efits described in section 3803(c)(2)(C) of title 31,
United States Code or the amount of those benefits;
and
(3) shall not be subject to offset under section
3701 et seq. of title 31 United States Code.
(i) REGULATORY AUTHORITY.—The Attorney Gen-
eral may issue regulations to carry out this title.
(j) ISSUANCE OF REGULATIONS, GUIDELINES, AND
PROCEDURES.—Regulations, guidelines, and procedures
to carry out this title shall be issued not later than 270
days after the date of enactment of this title.
(k) ADMINISTRATIVE APPEALS PROCEDURE AND JU-
DICIAL REVIEW.—
(1) A decision denying a claim under this title
may be appealed to an Appeals Officer designated by
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the Attorney General. Before seeking judicial review
of a decision denying a claim under this title, an in-
dividual first must seek review by the designated Ap-
peals Officer.
(2) If the designated Appeals Officer affirms
the decision denying a claim, the individual whose
denial of claim was affirmed on appeal may seek ju-
dicial review in a district court of the United States.
The court shall review the denial of claim based sole-
ly on the administrative record and shall set aside
the denial only if it is arbitrary, capricious, an abuse
of discretion, or otherwise not in accordance with
law.
SEC. 306. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.
CLAIMS.—A claim cognizable under this title is not
assignable or transferable.
SEC. 307. LIMITATION ON CLAIMS.
A claim to which this title applies is barred unless
the claim is filed within 20 years after the date of the
enactment of this title.
SEC. 308. ATTORNEY FEES.
Notwithstanding any contact, the representative of an
individual may not receive, for services rendered in connec-
tion with the claim of an individual under this title, more
than 10 per centum of a payment made under this title
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on the claim. A representative who violates this section
shall be fined not more than $5,000.
SEC. 309. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF
DAMAGES.
A payment made under this title shall not be consid-
ered as any form of compensation or reimbursement for
a loss for purposes of imposing liability on the individual
receiving the payment, on the basis of this receipt, to
repay any insurance carrier for insurance payments. A
payment under this title does not affect any claim against
an insurance carrier with respect to insurance.
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