(b) RECONSIDERATION.—Notwithstanding any other
provision, a claimant or eligible surviving beneficiary may
obtain reconsideration of a decision denying coverage
under this title based on new evidence or amendment in
the laws governing disposition of claims for benefits under
this title.
SEC 216. RESOLUTION OF ISSUES IN THE AWARD OR DE-
NIAL OF COMPENSATION; COSTS OF ADMINIS-
TRATION.
(a) IN GENERAL.—Failure to render a determination
on a claim within any time period prescribed in section
212, 213, or 214 shall result in the award of the claim
as a matter of law.
(b) DOUBT.—All reasonable doubt with regard to
whether a claim for compensation meets the requirements
shall be resolved in favor of the claimant.
(c) MEDICAL SERVICES.—In securing medical testing
and diagnostic services to determine the existence of a cov-
ered illness compensable under this title, the claimant may
utilize a physician of the claimant’s choice, or a Depart-
ment of Energy funded or sponsored medical screening
program or employer-provided program, if available.
(d) CONSTRUCTION.—Except as otherwise specified
in this title, the provisions of sections 8123, 8125–8127,
8129, 8133, 8134, and 8146a(a) of title 5, United States
Code, shall govern the adjudication, award and payment
of claims, and the resolution of issues under this title.
(e) SUIT.—A claimant may sue the Department of
Energy or its contractors in a district court of the United
States to compel the production of information or docu-
mentation requested by the Secretary of Labor, an admin-
istrative appeals judge, or the Benefits Review Board, as
the case may be, where the information or documentation
requested is not provided within 60 days from the date
the request is made. Upon successful resolution of any suit
brought pursuant to this subsection, the court shall award
claimant reasonable attorney’s fees and costs, which shall
be considered costs incurred by the Secretary of Energy
and shall not be paid from the Nuclear Employees’ Radi-
ation Compensation Fund, or set off against, or otherwise
deducted from any payment to claimant under this title.
(f) CONSTRUCTION.—Sections 213 and 214 do not
confer the right to a hearing or of appeal on the Secretary
of Labor or the Secretary of Energy, although the Sec-
retary of Labor or the Secretary of Labor’s designee may
appear before the administrative law judge, the Benefits
Review Board, or court, as the case may be, in explanation
of the Secretary of Labor’s initial determination under
section 212 where the claimant has appealed therefrom.
(g) COSTS.—The costs incurred by the Secretary of
Labor, an administrative law judge, or the Benefits Re-
view Board in the administration and adjudication of
claims thereunder are chargeable against, and shall be
paid from, the Nuclear Employees’ Radiation Compensa-
tion Fund established pursuant to section 221.
SEC. 217. REPRESENTATION; FEES FOR SERVICES.
(a) IN GENERAL.—A claimant may authorize an at-
torney to represent the claimant in any proceeding under
this title.
(b) FEE AWARD.—If the Secretary of Labor, or the
Secretary of Labor’s designee, declines to pay compensa-
tion, in whole or in part, under section 212, and the per-
son seeking benefits under this title thereafter utilizes the
services of an attorney at law in the successful prosecution
of the claimant’s claim under section 213 or 214, there
shall be awarded, in addition to the award of compensa-
tion, a reasonable attorney’s fee, and costs, for the services
provided by the attorney under section 213 or 214, in an
amount approved by the administrative law judge, the
Benefits Review Board, or court, as the case may be. The
award of attorney’s fees under this subsection shall be
paid by the Secretary from the Nuclear Employees’ Radi-
ation Compensation Fund directly to the attorney for the
claimant in a lump sum after the compensation order be-
comes final.
(c) DENIAL SET ASIDE.—In the event an administra-
tive law judge, the Benefits Review Board, or the court,
as the case may be, sets aside the denial of a claim under
this title as arbitrary and capricious, claimant shall be
awarded, separate and apart from and in addition to any
award of attorney’s fees under subsection (b) of this sec-
tion, reasonable attorney’s fees and costs incurred with re-
spect to the appeal and review necessitated thereby. In the
event that claimant subsequently prevails upon remand on
the claimant’s claim, claimant shall be awarded, in addi-
tion to the award to which the claimant is otherwise enti-
tled under this title, 10 percent per annum on the claim-
ant’s claim from the date of the original denial of the
claim. Attorney’s fees, costs, and interest awarded pursu-
ant to this subsection shall be considered costs incurred
by the Secretary of Labor and shall not be paid from the
Nuclear Employees’ Radiation Compensation Fund, or set
off against, or otherwise deducted from any payment to
claimant under this title.
(d) AWARD OF FEES.—Where an award of attorney’s
fees for services is allowed under this section, the attorney
receiving such award shall be prohibited from charging
claimant, directly or indirectly, for the same services. A
violation of this subsection shall result in a fine of not
more than $5,000 assessed by the Secretary against the
offending attorney.
SEC. 218. STATUS OF AWARD; CERTAIN CLAIMS NOT
AFFECTED.
(a) IN GENERAL.—Any award ordered or amount
paid pursuant to this title—
(1) shall not be considered income for purposes
of the Internal Revenue Code Of 1986 and shall not
be subject to Federal income tax under the Internal
Revenue Code of 1986;
(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 chapter
37 of title 31, United States Code.
(b) PAYMENT.—A payment made under this title
shall not be considered as any form of compensation or
reimbursement for a loss for purposes of imposing liability
on the individual receiving the payment to repay any in-
surance carrier for insurance payments made. A payment
under this title does not affect any claim against an insur-
ance carrier with respect to insurance.
SEC. 219. ASSIGNMENT OF CLAIM.
A claim cognizable under this title is not assignable
or transferable. Any assignment or transfer of a claim for
compensation under this title is void. Compensation and
claims for compensation are exempt from claims of credi-
tors.
SEC. 220. SUBROGATION OF THE UNITED STATES.
(a) IN GENERAL.—If a covered illness or death for
which compensation is payable under this title is caused
under circumstances creating a legal liability in a person
other than the United States to pay damages, sections
8131 and 8132 of title 5, United States Code, shall apply,
except to the extent specified in this title.
(b) FUND REFERENCE.—For purposes of this sec-
tion, references in sections 8131 and 8132 of title 5,
United States Code, to the Employees’ Compensation
Fund shall mean the Nuclear Employees’ Radiation Com-
pensation Fund.
(c) APPLICATION OF SECTION 8131.—For the pur-
poses of this title, the provision in section 8131 of title
5, United States Code, that provides that an employee re-
quired 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 em-
ployee as defined in section 201(5)(B).
SEC. 221. NUCLEAR EMPLOYEES’ RADIATION COMPENSA-
TION FUND.
(a) IN GENERAL.—To carry out this title, there is
established in the Treasury of the United States the Nu-
clear Employees’ Radiation 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 225(a); and
(3) amounts that would otherwise accrue to it
under this title.
(b) FUND USE.—Amounts in the Nuclear Employees’
Radiation Compensation Fund are authorized to be used
for the payment of compensation and other benefits and
expenses authorized by this title and for payment of all
expenses incurred in administering this title. Such funds
are authorized to be appropriated to remain available until
expended.
(c) QUARTERLY DETERMINATIONS.—
(1) IN GENERAL.—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 payments made from the Nu-
clear Employees’ Radiation Compensation Fund dur-
ing the quarter just ended; the end-of-quarter bal-
ance in the Fund; and the amount anticipated to be
needed during the immediately succeeding two quar-
ters for the payment of benefits and administrative
expenses under this title.
(2) DETERMINATION IN LAST QUARTER.—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 Nuclear Employees’ Radiation
Compensation Fund for the payment of benefits and
expenses and other payments for each of the imme-
diately succeeding two fiscal years.
SEC. 222. CIVIL SERVICE RETENTION RIGHTS.
In the event that a covered employee, as defined in
section 201(5)(B), 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. 223. ANNUAL REPORT.
The Secretary shall, at the end of each fiscal year,
prepare a report with respect to the administration of this
title.
SEC. 224. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated to the Department of Energy for deposit into the
Nuclear Employees’ Radiation Compensation Fund such
sums as are necessary to carry out the purposes of this
title, including the administration thereof. In addition, the
Department is authorized, to the extent provided in ad-
vance 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) COMPENSATION AND BENEFITS LIMITATION.—In
any fiscal year, the Secretary of Labor shall limit the
amount of the compensation and benefits payments under
this title to an amount not in excess of the sum of the
appropriations to the Nuclear Employees’ Radiation Com-
pensation Fund and amounts made available by Depart-
ment of Energy transfers to the Fund. Notwithstanding
any other provision, if in any fiscal year the Secretary of
Labor finds that estimates of amounts contained in re-
ports pursuant to section 221(c)(1) for the payment of
compensation, other benefits, and administrative activities
authorized by this title will exceed the amounts in the
Fund, the Secretary of Labor is required to reduce com-
pensation and benefits payments to the extent necessary
to make up any amounts by which benefits and other costs
authorized by this title exceed the amount in the Fund
calculated on a fiscal year basis.
(c) SECRETARY
OF ENERGY REGULATIONS.—The
Secretary of Energy, in consultation with the Secretary
of Labor, shall promulgate regulations to implement this
section within 120 days of enactment.
SEC. 225. REGULATIONS; REGULATORY AUTHORITY.
(a) IN GENERAL.—Not later than 120 days after the
date of enactment of this title, the Secretary of Labor
shall prescribe such rules and regulations as may be nec-
essary for the administration and enforcement of this title.
(b) ADDITIONAL CRITERIA.—Additional criteria by
which a claimant may establish the existence of a covered
illness, as defined in subparagraph (A), (B), or (C) of sec-
tion 201(7), may be specified in regulations issued by the
Secretary, after consultation with the agency that con-
tracts to administer this title.
SEC. 226. 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. 227. CONFORMING AMENDMENTS.
(a) SECTION 1920.—Section 1920 of title 18, United
States Code, is amended by inserting in the title ‘‘or En-
ergy employee’s’’ after ‘‘Federal employee’s’’ and by in-
serting ‘‘or the Energy Employees’ Compensation Act’’
after ‘‘title 5’’.
(b) SECTION 1921.—Section 1921 of title 18, United
States Code, is amended by inserting in the title ‘‘or En-
ergy employees’’ after ‘‘Federal employees’’ and by insert-
ing ‘‘or the Energy Employees’ Compensation Act’’ after
‘‘title 5’’.
(c) SECTION 1922.—Section 1922 of title 18, United
States Code. is amended—
(1) by inserting in the title ‘‘or Energy employ-
ees’’ after ‘‘Federal employees’’;
(2) by inserting ‘‘(a)’’ before ‘‘Whoever,’’;
(3) by 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 302(b) and
302(c) of title III of the Energy Employees’ 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
filing of any claim for compensation or other benefits pro-
vided under the Energy Employees’ Compensation Act or
any extension or application thereof, or willfully 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.’’.
(d) WHISTLEBLOWERS.—Section 211(a)(1) of the
Energy Reorganization Act of 1974 (42 U.S.C. 5851(a))
is amended—
(1) in subparagraph (E), by striking ‘‘or’’
(2) in subparagraph (F), by striking the period
and inserting ‘‘; or’’; and
(3) by inserting after subparagraph (F) the fol-
lowing:
‘‘(G) filed an application for benefits or assist-
ance under title XXXI of the Energy Policy Act of
1992.’’.
SEC. 228. EFFECTIVE DATE.
This title is effective upon the date of its enactment.
TITLE III—EMPLOYEES EXPOSED
TO TOXIC SUBSTANCES AND
HEAVY METALS
SEC 301. ELIGIBILITY OF EMPLOYEES EXPOSED TO OTHER
TOXIC SUBSTANCES AND HEAVY METALS.
(a) IN GENERAL.—A claim may be submitted under
this title for compensation for illnesses, impairments, dis-
eases, or death for which the claimant can establish that
exposure to a hazardous substance occurred while a cov-
ered employees, as defined under section 201(5), while em-
ployed at a Department of Energy facility listed under sec-
tion 201(4), and that such exposure was a contributing
factor to the illness, disease, or death. Claims shall be sub-
mitted in the manner specified under section 8121 of title
5, United States Code, for a determination pursuant to
section 212. Except as provided in this title, claims shall
be administered and compensation paid pursuant to the
terms and conditions of this title. Claims for occupational
illness, disease or death shall not be covered under this
title which are specifically covered under title I (beryllium
diseases) or title II (radiogenic diseases).
(b) QUESTIONNAIRE.—The Secretary of Labor shall
develop a questionnaire for the claimant to identify the
history of employment hazards to a covered employee at
a DEPARTMENT OF ENERGY facility and to provide
documentation to support the claim. The Secretary of
Labor shall provide the claimant with an opportunity to
identify documents and information in the possession of
the Department of Energy or its contractors which the
claimant believes will support their claim.