‘‘(2) JUDICIAL
REVIEW.—The results of any 
such administrative review shall be deemed to be a 
final agency action subject to judicial review in the 
United States district court for the district in which 
the claimant resides. 
‘‘(3) ATTORNEY FEES.—In any proceeding pur-
suant to this subsection, attorney fees shall be avail-
able on the same basis as such fees are available 
under section 28 of the Longshore and Harbor 
Workers’ Compensation Act (33 U.S.C. 928). 
‘‘SEC. 3664. GENERAL PROVISIONS RELATING TO RESOLU-
TION OF CLAIMS. 
‘‘(a) NONADVERSARIAL.—The Secretary of Energy 
and the Secretary of Labor shall each ensure that claims 
under this subtitle are resolved in a nonadversarial man-
ner. 
‘‘(b) NO STATUTE OF LIMITATIONS.—A claim under 
this subtitle shall not be barred by any statute of limita-
tions. 
‘‘SEC. 3665. OFFSET FOR CERTAIN PAYMENTS. 
‘‘A claimant awarded benefits under this subtitle as 
a result of a specified illness or death of a DOE contractor 
employee who receives benefits because of the same illness 
or death from any State workers’ compensation system 
shall receive the benefits specified in this subtitle for such
illness or death, reduced by the amount of any workers’ 
compensation benefits that the claimant receives or will 
receive on account of such illness or death under any State 
workers’ compensation system during the period that 
awarded benefits are provided under this subtitle, after de-
ducting the reasonable costs, as determined by the Sec-
retary of Labor by regulation, of obtaining such benefits. 
‘‘SEC. 3666. SUBROGATION OF THE UNITED STATES NOT AP-
PLICABLE. 
‘‘Notwithstanding any other provision of law, the 
United States has no right of subrogation against any per-
son by reason of payments or other benefits provided 
under this subtitle. 
‘‘SEC. 3667. CERTIFICATION OF TREATMENT OF PAYMENTS 
UNDER OTHER LAWS. 
‘‘Compensation or benefits provided to an individual 
under this subtitle—
‘‘(1) shall be treated for purposes of the inter-
nal revenue laws of the United States as damages 
for human suffering; and 
‘‘(2) shall not be included as income or re-
sources for purposes of determining eligibility to re-
ceive benefits described in section 3803(c)(2)(C) of 
title 31, United States Code, or the amount of such 
benefits.
‘‘SEC. 3668. CERTAIN CLAIMS NOT AFFECTED BY AWARDS 
OF DAMAGES. 
‘‘A payment under this subtitle shall not be consid-
ered as any form of compensation or reimbursement for 
a loss for purposes of imposing liability on any individual 
receiving such payment, on the basis of such receipt, to 
repay any insurance carrier for insurance payments; and 
a payment under this subtitle shall not affect any claim 
against an insurance carrier with respect to insurance. 
‘‘SEC. 3669. FORFEITURE OF BENEFITS BY CONVICTED FEL-
ONS. 
‘‘(a) FORFEITURE
OF COMPENSATION.—Any indi-
vidual convicted of a violation of section 1920 of title 18, 
United States Code, or any other Federal or State crimi-
nal statute relating to fraud in the application for or re-
ceipt of any benefit under this title or under any other 
Federal or State workers’ compensation law, shall forfeit 
(as of the date of such conviction) any entitlement to any 
compensation or benefit under this subtitle such individual 
would otherwise be awarded for any injury, illness or death 
covered by this subtitle for which the time of injury was 
on or before the date of the conviction. 
‘‘(b) 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
President, upon written request from the President and 
if the President requires the information to carry out this 
section, the names and Social Security account numbers 
of individuals confined, for conviction of a felony, in a jail, 
prison, or other penal institution or correctional facility 
under the jurisdiction of that agency. 
‘‘SEC. 3670. EXCLUSIVITY OF REMEDY. 
‘‘The liability of the United States or a DOE con-
tractor in its capacity as an employer of a DOE contractor 
employee under this subtitle with respect to the specified 
illness or death of a DOE contractor employee for which 
compensation is made under this subtitle is exclusive and 
instead of all other liability of the United States or DOE 
contractor in such capacity to the employee, his legal rep-
resentative, spouse, dependents, next of kin, and any other 
person otherwise entitled to recover damages from the 
United States or DOE contractor in such capacity because 
of the specified illness or death in a direct judicial pro-
ceeding, in a civil action, or in admiralty, except for a 
State workers’ compensation proceeding or a State inten-
tional tort liability proceeding. However, this section shall 
not apply to illness or death for which compensation under 
this subtitle is not made.
‘‘SEC. 3671. COORDINATION WITH BENEFITS UNDER SUB-
TITLE B. 
‘‘(a) RECEIPT OF SUBTITLE B BENEFITS NO BAR 
TO APPLICATION UNDER THIS SUBTITLE.—An individual 
may apply for benefits under this subtitle without regard 
to whether the individual received a lump sum payment 
under subtitle B. 
‘‘(b) OFFSET FOR BENEFITS PAID ON SAME ILLNESS 
OF SAME PERSON.—If a lump sum payment is made 
under subtitle B by reason of a specified illness of a per-
son, any payment (excluding medical costs) made under 
this subtitle by reason of the same specified illness of the 
same person shall be offset by the amount of such lump 
sum payment. In no case shall a claimant obtain double 
indemnity wage replacement benefits for specified illness 
under this subtitle. 
‘‘SEC. 3672. ASSIGNMENT OF CLAIM. 
‘‘An assignment of a claim for compensation under 
this subtitle is void. Compensation and claims for com-
pensation are exempt from claims of creditors.’’. 
SEC. 102. GAO REPORT. 
Not later than February 1, 2004, the Comptroller 
General shall submit to Congress a report on the imple-
mentation by the Department of Energy of subtitle D of 
the Energy Employees Occupational Illness Compensation 
Program Act of 2000 (42 U.S.C. 7385o et seq.), as
amended by section 101, and of the effectiveness of such 
subtitle in assisting DOE contractor employees in obtain-
ing compensation for exposure to a toxic substance at a 
Department of Energy facility. 
TITLE II—AMENDMENTS RELAT-
ING TO SUBTITLE B OF PRO-
GRAM 
SEC. 201. COVERAGE FOR CHRONIC RENAL DISEASE. 
(a) DEFINITIONS FOR PROGRAM ADMINISTRATION.—
Section 3621 of the Energy Employees Occupational Ill-
ness Compensation Program Act of 2000 (42 U.S.C. 
7384l) is amended—
(1) in paragraph (1), by adding at the end the 
following new subparagraph: 
‘‘(D) A covered employee with chronic 
renal disease.’’; 
(2) in paragraph (15), by striking ‘‘or chronic 
silicosis’’ and inserting ‘‘, chronic silicosis, or chronic 
renal disease’’; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(19) The term ‘chronic renal disease’ includes 
nephritis and kidney tubal tissue injury and related 
illnesses of the urogenitoury tract.