696 
HR 4200 EAS/PP 
(5) The Court may award attorney fees and ex-
penses from the Fund pursuant to rule 23 of the Fed-
eral Rules of Civil Procedure, except that the award 
of attorney fees may not exceed 20 percent of the 
Fund and the award of expenses may not exceed 2 
percent of the Fund. Any attorney fees and expenses 
so paid shall be paid from the Fund before distribu-
tion of the amount in the Fund to eligible claimants 
entitled thereto. 
(6) The Fund shall be available to pay settlement 
awards in accordance with the following: 
(A) The balance of the amount of the Fund 
that is available for disbursement after any 
award of attorney fees and expenses under para-
graph (5) shall be allocated proportionally by el-
igible tract according to its acreage as compared 
with all eligible tracts. 
(B) The allocation for each eligible tract 
shall be allocated pro rata among all eligible 
claimants having an interest in such eligible 
tract according to the extent of their interest in 
such eligible tract, as determined under the laws 
of the State of New Mexico.
697 
HR 4200 EAS/PP 
(C) Payments from the Fund under this 
paragraph shall be made by the Secretary of the 
Treasury. 
(7) Any amounts available for disbursement with 
respect to an eligible tract that are not awarded to el-
igible claimants with respect to that tract by reason 
of paragraph (6)(B) shall be retained in the Treasury 
as miscellaneous receipts. 
(d) ELIGIBLE CLAIMANTS.—(1) For purposes of this 
section, an eligible claimant is any class member deter-
mined by the Court, by a preponderance of evidence and 
pursuant to procedures established under subsection (c)(2), 
to be a person or entity who held a fee simple ownership 
in an eligible tract at the time of its acquisition by the 
United States during World War II for use in the Manhat-
tan Project, or the heir, successor in interest, assignee, or 
beneficiary of such a person or entity. 
(2) The status of a person or entity as an heir, suc-
cessor in interest, assignee, or beneficiary for purposes of 
this subsection shall be determined under the laws of the 
State of New Mexico, including the descent and distribution 
law of the State of New Mexico. 
(e) FULL RESOLUTION OF CLAIMS AGAINST UNITED 
STATES.—(1) The acceptance of a disbursement from the 
Fund by an eligible claimant under this section shall con-
698 
HR 4200 EAS/PP 
stitute a final and complete release of the defendants in the 
consolidated lawsuits with respect to such eligible claimant, 
and shall be in full satisfaction of any and all claims of 
such eligible claimant against the United States arising out 
of acts described in the consolidated lawsuits. 
(2) Upon the disbursement of the amount in the Fund 
to eligible claimants entitled thereto under this section, the 
Court shall, subject to the provisions of rule 23(e) of the 
Federal Rules of Civil Procedure, enter a final judgment 
dismissing with prejudice the consolidated lawsuits and all 
claims and potential claims on matters covered by the con-
solidated lawsuits. 
(f) COMPENSATION LIMITED TO AMOUNTS IN FUND.— 
(1) An eligible claimant may be paid under this section 
only from amounts in the Fund. 
(2) Nothing in this section shall authorize the payment 
to a class member by the United States Government of any 
amount authorized by this section from any source other 
than the Fund. 
(g) INVESTMENT OF FUND.—(1) The Secretary of the 
Treasury shall, in accordance with the requirements of sec-
tion 9702 of title 31, United States Code, and the provisions 
of this subsection, direct the form and manner by which 
the Fund shall be safeguarded and invested so as to maxi-
mize its safety while earning a return comparable to other
699 
HR 4200 EAS/PP 
common funds in which the United States Treasury is the 
source of payment. 
(2) Interest on the amount deposited in the Fund shall 
accrue from the date of the enactment of the Act appro-
priating amounts for deposit in the Fund until the date 
on which the Secretary of the Treasury disburses the 
amount in the Fund to eligible claimants who are entitled 
thereto under subsection (c). 
(h) PRESERVATION OF RECORDS.—(1) All documents, 
personal testimony, and other records created or received 
by the Court in the consolidated lawsuits shall be kept and 
maintained by the Archivist of the United States, who shall 
preserve such documents, testimony, and records in the Na-
tional Archives of the United States. 
(2) The Archivist shall make available to the public 
the materials kept and maintained under paragraph (1). 
(i) DEFINITIONS.—In this section: 
(1) The term ‘‘Court’’ means the United States 
District Court for the District of New Mexico having 
jurisdiction over the consolidated lawsuits. 
(2) The term ‘‘consolidated lawsuits’’ means the 
two lawsuits in the United States District Court for 
the District of New Mexico consolidated as Civ. No. 
00–60.
700 
HR 4200 EAS/PP 
(3)(A) The term ‘‘eligible tract’’ means private 
real property located on the Pajarito Plateau of what 
is now Los Alamos County, New Mexico, that was ac-
quired by the United States during World War II for 
use in the Manhattan Project and which is the subject 
of the consolidated lawsuits. 
(B) The term does not include lands of the Los 
Alamos Ranch School and of the A.M. Ross Estate 
(doing business as Anchor Ranch). 
(4) The term ‘‘class member’’ means the fol-
lowing: 
(A) Any person or entity who claims to 
have held a fee simple ownership in an eligible 
tract at the time of its acquisition by the United 
States during World War II for use in the Man-
hattan Project. 
(B) Any person or entity claiming to be the 
heir, successor in interest, assignee, or bene-
ficiary of a person or entity who held a fee sim-
ple ownership in an eligible tract at the time of 
its acquisition by the United States during 
World War II for use in the Manhattan Project. 
(j) FUNDING.—Of the amount authorized to be appro-
priated by section 3101(a)(4) for the National Nuclear Se-
curity Administration for the Office of the Administrator
701 
HR 4200 EAS/PP 
for Nuclear Security, $10,000,000 shall be available for de-
posit in the Fund under subsection (b)(1). 
Subtitle E—Energy Employees Oc-
cupational Illness Compensation 
Program 
SEC. 3151. COVERAGE OF INDIVIDUALS EMPLOYED AT 
ATOMIC 
WEAPONS 
EMPLOYER 
FACILITIES 
DURING PERIODS OF RESIDUAL CONTAMINA-
TION. 
(a) COVERAGE.—Paragraph (3) of section 3621 of the 
Energy Employees Occupational Illness Compensation Pro-
gram Act of 2000 (title XXXVI of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year 2001 (as 
enacted into law by Public Law 106–398); 42 U.S.C. 7384l) 
is amended to read as follows: 
‘‘(3) The term ‘atomic weapons employee’ means 
any of the following: 
‘‘(A) An individual employed by an atomic 
weapons employer during a period when the em-
ployer was processing or producing, 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. 
‘‘(B) An individual employed—
702 
HR 4200 EAS/PP 
‘‘(i) at a facility with respect to which 
the National Institute for Occupational 
Safety and Health, in its report dated Octo-
ber 2003 and titled ‘Report on Residual Ra-
dioactive and Beryllium Contamination at 
Atomic Weapons Employer Facilities and 
Beryllium Vendor Facilities’, or any update 
to that report, found that there is a poten-
tial for significant residual contamination 
outside of the period in which weapons-re-
lated production occurred; 
‘‘(ii) by an atomic weapons employer 
or subsequent owner or operators of a facil-
ity described in clause (i); and 
‘‘(ii) during a period, as specified in 
such report or any update to such report, of 
potential for significant residual radioactive 
contamination at such facility.’’. 
SEC. 3152. UPDATE OF REPORT ON RESIDUAL CONTAMINA-
TION OF FACILITIES. 
(a) UPDATE OF REPORT.—Not later than December 
31, 2006, the Director of the National Institute for Occupa-
tional Safety and Health shall submit to Congress an up-
date to the report required by section 3151(b) of the Na-
703 
HR 4200 EAS/PP 
tional Defense Authorization Act for Fiscal Year 2002 (Pub-
lic Law 107–107; 42 U.S.C. 7384 note). 
(b) ELEMENTS.—The update shall— 
(1) for each facility for which such report found 
that insufficient information was available to deter-
mine whether significant residual contamination was 
present, determine whether significant residual con-
tamination was present; 
(2) for each facility for which such report found 
that significant residual contamination remained 
present as of the date of the report, determine the date 
on which such contamination ceased to be present; 
(3) for each facility for which such report found 
that significant residual contamination was present 
but for which the Director has been unable to deter-
mine the extent to which such contamination is at-
tributable to atomic weapons-related activities, iden-
tify the specific dates of coverage attributable to such 
activities and, in so identifying, presume that such 
contamination is attributable to such activities until 
there is evidence of decontamination of residual con-
tamination identified with atomic weapons-related 
activities; and 
(4) if new information that pertains to the re-
port has been made available to the Director since
704 
HR 4200 EAS/PP 
that report was submitted, identify and describe such 
information. 
(c) PUBLICATION.—The Director shall ensure that the 
report referred to in subsection (a) is published in the Fed-
eral Register not later than 15 days after being released. 
SEC. 3153. WORKERS COMPENSATION. 
(a) IN GENERAL.—Subtitle D of the Energy Employ-
ees Occupational Illness Compensation Program Act of 
2000 (title XXXVI of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law 
by Public Law 106–398); 42 U.S.C. 7385o) is amended to 
read as follows: 
‘‘Subtitle D—Workers Compensation 
‘‘SEC. 3661. COVERED DEPARTMENT OF ENERGY CON-
TRACTOR EMPLOYEES. 
‘‘(a) IN GENERAL.—In this subtitle, the term ‘covered 
Department of Energy contractor employee’ means any De-
partment of Energy contractor employee determined under 
section 3663 to have contracted an occupational illness or 
covered illness through exposure at a Department of Energy 
facility. 
‘‘(b) EXCLUSION OF ILLNESS THROUGH EXPOSURE 
AFTER COMMENCEMENT OF NEW PROGRAM.—For purposes 
of this subtitle, an occupational illness or covered illness 
shall not include any illness contracted by a Department
705 
HR 4200 EAS/PP 
of Energy contractor employee through exposure at a De-
partment of Energy facility if the exposure occurs after the 
date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2005. 
‘‘SEC. 3662. WORKERS COMPENSATION. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), a covered Department of Energy contractor employee, 
or the survivor of a covered Department of Energy con-
tractor employee if the covered Department of Energy con-
tractor employee is deceased, shall receive workers com-
pensation in an amount determined under section 3664. 
‘‘(b) ELECTION TO PROCEED UNDER STATE WORK-
ERS’ COMPENSATION SYSTEM.—(1) A Department of En-
ergy contractor employee otherwise covered by this section 
may elect to seek workers’ compensation under the appro-
priate State workers’ compensation system for the occupa-
tional illness or covered illness of the covered Department 
of Energy contractor employee rather than seek workers 
compensation for the occupational illness or covered illness, 
as the case may be, under this subtitle. 
‘‘(2) Any Department of Energy contractor employee 
making an election under paragraph (1) who becomes enti-
tled to workers’ compensation under the appropriate State 
workers’ compensation system following an election under
706 
HR 4200 EAS/PP 
that paragraph is not entitled to receive workers compensa-
tion under this subtitle. 
‘‘(c) FUNDING.—The Secretary of Labor shall make 
payments of workers compensation under this section from 
amounts authorized to be appropriated for such purpose 
under section 3670. 
‘‘SEC. 3663. DETERMINATIONS REGARDING CONTRACTION 
OF OCCUPATIONAL OR COVERED ILLNESSES. 
‘‘(a) EMPLOYEES COVERED BY PREVIOUS DETERMINA-
TION
OF ENTITLEMENT
TO COMPENSATION
AND BENE-
FITS.—(1) A Department of Energy contractor employee 
who has been determined to be entitled to compensation and 
benefits for an occupational illness contracted in the per-
formance of duty at a Department of Energy facility under 
subtitle B shall be treated as having contracted the occupa-
tional illness through exposure at the Department of Energy 
facility for purposes of this subtitle. 
‘‘(2) A determination, pursuant to activities under 
paragraph (2) of section 3163(d) of the National Defense 
Authorization Act for Fiscal Year 2005 before or during the 
period of transition of administration of this subtitle to the 
Department of Labor under paragraph (1) of such section, 
that an individual contracted an occupational illness 
through exposure at a Department of Energy facility for
707 
HR 4200 EAS/PP 
purposes of this subtitle shall be valid for purposes of this 
subtitle. 
‘‘(b) OTHER EMPLOYEES.—In the case of a Depart-
ment of Energy contractor employee not previously covered 
by a determination described in subsection (a) with respect 
to an occupational illness, the Department of Energy con-
tractor employee shall be determined to have contracted an 
illness (in this subtitle referred to as a ‘covered illness’) 
through exposure at a Department of Energy facility for 
purposes of this subtitle if— 
‘‘(1) it is at least as likely as not that exposure 
to a toxic substance was a significant factor in aggra-
vating, contributing to, or causing the illness; and 
‘‘(2) it is at least as likely as not that the expo-
sure to such toxic substance was related to employ-
ment at a Department of Energy facility. 
‘‘(c) DETERMINATIONS REGARDING EMPLOYEES NOT 
PREVIOUSLY COVERED BY DETERMINATION OF ENTITLE-
MENT.—(1) The Secretary of Labor shall make each deter-
mination under subsection (b) as to whether or not a De-
partment of Energy contractor employee described in that 
subsection contracted a covered illness related to employ-
ment at a Department of Energy facility. 
‘‘(2) The Secretary may utilize the services of physi-
cians for purposes of making determinations under this sub-
708 
HR 4200 EAS/PP 
section. Any physicians so utilized shall possess appropriate 
expertise and experience in the evaluation and diagnosis 
of illnesses aggravated, contributed to, or caused by expo-
sure to toxic substances. 
‘‘(3) The Secretary may secure the services of physi-
cians under this subsection through the appointment of phy-
sicians or by contract. 
‘‘(4) The Secretary shall consult with the Secretary of 
Health and Human Services before utilizing the services of 
physicians for purposes of making determinations under 
this subsection. 
‘‘SEC. 3664. AMOUNT OF WORKERS COMPENSATION. 
‘‘(a) IN GENERAL.—The amount of workers compensa-
tion payable to a covered Department of Energy contractor 
employee, or the eligible survivors of a covered Department 
of Energy contractor employee, for an occupational illness 
or covered illness under section 3662 is the amount of work-
ers’ compensation to which the Department of Energy con-
tractor employee, or the eligible survivors, respectively, 
would otherwise be entitled for the occupational illness or 
covered illness, as the case may be, under the appropriate 
State workers’ compensation system. 
‘‘(b) INAPPLICABILITY OF CERTAIN STATE WORKERS’ 
COMPENSATION SYSTEM LIMITATIONS.—The amount of 
workers’ compensation to which a covered Department of
712 
HR 4200 EAS/PP 
‘‘(1) A determination under section 3663(b) that 
the Department of Energy contractor employee is not 
a covered Department of Energy contractor employee. 
‘‘(2) A determination under 3664 of the amount 
of workers compensation payable to the Department 
of Energy contractor employee under section 3662. 
‘‘(c) REVIEW.—(1) The review of a determination 
under subsection (a) or (b) shall be conducted by the Sec-
retary of Labor in accordance with procedures applicable 
for the review of claims under sections 30.310 through 
30.320 of title 20, Code of Federal Regulations, or any suc-
cessor regulations. 
‘‘(2)(A) The review of a determination under sub-
section (b)(1) shall include review by a physician or physi-
cian panel. 
‘‘(B) Each physician or physician on a panel under 
subparagraph (A) shall be a physician with experience and 
competency in diagnosing illnesses aggravated, contributed 
to, or caused by exposure to toxic substances. 
‘‘(C) The Secretary of Labor may investigate any alle-
gation that a physician appointed under this paragraph 
has a conflict of interest. If the Secretary of Labor deter-
mines that a conflict of interest exists, the Secretary shall 
notify the Secretary of Health and Human Services, who 
shall review the allegation.
713 
HR 4200 EAS/PP 
‘‘(D) Each review by a physician or physician panel 
under subparagraph (A) shall be conducted in accordance 
with such procedures as the Secretary shall prescribe. 
‘‘(3)(A) The results of each review under this sub-
section shall be submitted to the Secretary. 
‘‘(B) The Secretary shall accept the results of any por-
tion of a review under this subsection that consists of a re-
view by a physician or physician panel under paragraph 
(2) unless there is substantial evidence to the contrary. 
‘‘(d) REVERSAL OF DETERMINATIONS.—Except as pro-
vided in subsection (c)(3)(B), the Secretary of Labor may 
vacate or reverse any determination described in subsection 
in subsection (a) or (b) if the Secretary determines, as the 
result of a review of such determination under subsection 
(c), that such determination was erroneous. 
‘‘SEC. 3667. ATTORNEY FEES. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), the provisions of section 3648 shall apply to the avail-
ability of attorney fees for assistance on a claim under this 
subtitle to the same extent, and subject to the same condi-
tions and limitations, that such provisions apply to the 
availability of attorney fees for assistance on a claim under 
subtitle B. 
‘‘(b) ATTORNEY FEE SCHEDULE.—(1) The Secretary 
of Labor may, by regulation, modify the application of sec-
714 
HR 4200 EAS/PP 
tion 3648 to the availability of attorney fees under this sub-
title to establish a schedule for attorney fees under this sub-
title that will ensure representation of claimants and ap-
propriate compensation for such representation. 
‘‘(2) The amount of attorney fees for assistance on 
claims under the schedule of attorney fees shall take into 
appropriate account the nature and complexity of the legal 
issues involved in such claims and the procedural level at 
which assistance is given. 
‘‘SEC. 3668. ADMINISTRATIVE MATTERS. 
‘‘(a) IN GENERAL.—The Secretary of Labor shall ad-
minister the provisions of this subtitle. 
‘‘(b) CONTRACT AUTHORITY.—(1) The Secretary may 
enter into contracts with appropriate persons and entities 
in order to administer the provisions of this subtitle. 
‘‘(2) The authority of the Secretary to enter into con-
tracts under this subtitle shall be effective in any fiscal year 
only to the extent and in such amount as are provided in 
advance in appropriations Acts. 
‘‘(c) RECORDS.—(1)(A) The Secretary of Energy shall 
provide to the Secretary of Labor all records, files, and other 
data, whether paper, electronic, imaged, or otherwise, devel-
oped by the Secretary of Energy that are applicable to the 
administration of the provisions of this subtitle by the Sec-
retary of Labor, including records, files, and data on facil-
715 
HR 4200 EAS/PP 
ity industrial hygiene, employment of individuals or 
groups, exposure and medical records, and claims applica-
tions. 
‘‘(B) In providing records, files, and other data under 
this paragraph, the Secretary of Energy shall preserve the 
current organization of such records, files, and other data, 
and shall provide such description and indexing of such 
records, files, and other data as the Secretary of Energy 
and the Secretary of Labor jointly consider appropriate to 
facilitate their use by the Secretary of Labor for purposes 
of this subtitle. 
‘‘(2) The Secretary of Energy and the Secretary of 
Labor shall jointly undertake such actions as are appro-
priate to retrieve records applicable to the claims of Depart-
ment of Energy contractor employees for workers compensa-
tion under this subtitle, including employment records, 
records of exposure to beryllium, radiation, silicon, or met-
als or volatile organic chemicals, and records regarding 
medical treatment. 
‘‘(d) REGULATIONS.—The Secretary of Labor shall 
prescribe regulations necessary for the administration of the 
provisions of this subtitle.
716 
HR 4200 EAS/PP 
‘‘SEC. 3669. OFFICE OF OMBUDSMAN. 
‘‘(a) ESTABLISHMENT.—There is established in the De-
partment of Labor an office to be known as the ‘Office of 
the Ombudsman’ (in this section referred to as the ‘Office’). 
‘‘(b) HEAD.—The head of the Office shall be the Om-
budsman. The individual serving as Ombudsman shall be 
either of the following: 
‘‘(1) An officer or employee of the Department of 
Labor designated by the Secretary for purposes of this 
section from among officers and employees of the De-
partment who have experience and expertise necessary 
to carry out the duties of the Office specified in sub-
section (c). 
‘‘(2) An individual employed by the Secretary 
from the private sector from among individuals in the 
private sector who have experience and expertise nec-
essary to carry out the duties of the Office specified 
in subsection (c). 
‘‘(c) DUTIES.—The duties of the Office shall be as fol-
lows: 
‘‘(1) To assist individuals in making claims 
under this subtitle. 
‘‘(2) To provide information on the benefits 
available under this subtitle and on the requirements 
and procedures applicable to the provision of such 
benefits.
717 
HR 4200 EAS/PP 
‘‘(3) To act as an advocate on behalf of individ-
uals seeking benefits under this subtitle. 
‘‘(4) To make recommendations to the Secretary 
regarding the location of centers (to be known as ‘re-
source centers’) for the acceptance and development of 
claims for benefits under this subtitle. 
‘‘(5) To carry out such other duties with respect 
to this subtitle as the Secretary shall specify for pur-
poses of this section. 
‘‘(d) INDEPENDENT OFFICE.—The Secretary shall take 
appropriate actions to ensure the independence of the Office 
within the Department of Labor, including independence 
from other officers and employees of the Department en-
gaged in activities relating to the administration of the pro-
visions of this subtitle. 
‘‘(e) ANNUAL REPORT.—(1) Not later than February 
15 each year, the Ombudsman shall submit to Congress a 
report on activities under this subtitle. 
‘‘(2) Each report under paragraph (1) shall set forth 
the following: 
‘‘(A) The number and types of complaints, griev-
ances, and requests for assistance received by the Om-
budsman under this subtitle during the preceding 
year.
718 
HR 4200 EAS/PP 
‘‘(B) An assessment of the most common difficul-
ties encountered by claimants and potential claimants 
under this subtitle during the preceding year. 
‘‘(C) Such recommendations as the Ombudsman 
considers appropriate for the improvement of the 
practices of the Department of Labor in admin-
istering this subtitle. 
‘‘(D) Such recommendations at the Ombudsman 
considers appropriate for modifying the authorities 
and requirements of this subtitle in order to better ad-
dress the workers compensation interests of covered 
Department of Energy contractor employees and oth-
ers, as determined by the Ombudsman, meriting bene-
fits under this subtitle. 
‘‘(3) No official of the Department of Labor, or of any 
other department or agency of the Federal Government, 
may require the review or approval of a report of the Om-
budsman under this subsection before the submittal of such 
report to Congress. 
‘‘(f) OUTREACH.—The Secretary of Labor and the Sec-
retary of Health and Human Services shall each undertake 
outreach to advise the public of the existence and duties of 
the Office.