H. R. 4200—364
(1) the state of the Department’s understanding of the
physical, chemical, and radiological characteristics of the waste
referred to in subsection (b), including an assessment of data
uncertainties;
(2) any actions additional to those contained in current
plans that the Department should consider to ensure that the
plans referred to in subsection (a) will comply with the perform-
ance objectives of part 61 of title 10, Code of Federal Regula-
tions;
(3) the adequacy of the Department’s plans for monitoring
disposal sites and the surrounding environment to verify
compliance with those performance objectives;
(4) existing technology alternatives to the plans referred
to in subsection (a) and, for each such alternative, an assess-
ment of the cost, consequences for worker safety, and long-
term consequences for environmental and human health;
(5) any technology gaps that exist to effect improved effi-
ciency in removal and treatment of waste from the tanks
referred to in subsection (b)(3); and
(6) any other matters that the National Research Council
considers appropriate and directly related to the subject matter
of the study.
(d) RECOMMENDATIONS.—In carrying out the study required
by subsection (a), the National Research Council may develop rec-
ommendations it considers appropriate and directly related to the
subject matter of the study. It is the sense of Congress that the
National Research Council should develop recommendations on—
(1) improvements to the scientific and technical basis for
managing the waste covered by the study, including the identi-
fication of technology alternatives and mitigation of technology
gaps; and
(2) the best means of monitoring any on-site disposal sites
from the waste streams referred to in subsection (b), to include
soil, groundwater, and surface water monitoring.
(e) REPORTS.—(1) The National Research Council shall submit
to the Secretary of Energy and the congressional committees
described in paragraph (2)—
(A) not later than six months after entering into the
arrangement required by subsection (a), an interim report on
the study that, with respect to the requirements of subsection
(c)(2), specifically addresses any additional actions the Depart-
ment should consider to ensure that the Department’s plans
for the Savannah River Site, including plans for grouting of
tanks, will comply with the performance objectives referred
to in that subsection in a more effective manner; and
(B) not later than one year after entering into the arrange-
ment required by subsection (a), a final report on the study
that includes all findings, conclusions, and recommendations.
(2) The congressional committees referred to in paragraph (1)
are as follows:
(A) The Committee on Appropriations, Committee on
Armed Services, and Committee on Energy and Commerce of
the House of Representatives.
(B) The Committee on Appropriations, Committee on
Armed Services, Committee on Energy and Natural Resources,
and Committee on Environment and Public Works of the
Senate.
H. R. 4200—365
(f) PROVISION OF INFORMATION.—The Secretary of Energy shall,
in a timely manner, make available to the National Research
Council all information that the National Research Council con-
siders necessary to carry out its responsibilities under this section.
(g) RULE OF CONSTRUCTION.—This section shall not be con-
strued to affect section 3116.
(h) FUNDING.—Of the amounts made available to the Depart-
ment of Energy pursuant to the authorization of appropriations
in section 3102, $1,500,000 shall be available only for carrying
out the study required by this section.
SEC. 3147. COMPENSATION OF PAJARITO PLATEAU, NEW MEXICO,
HOMESTEADERS FOR ACQUISITION OF LANDS FOR
MANHATTAN PROJECT IN WORLD WAR II.
(a) ESTABLISHMENT OF COMPENSATION FUND.—There is estab-
lished in the Treasury of the United States a fund to be known
as the Pajarito Plateau Homesteaders Compensation Fund (in this
section referred to as the ‘‘Fund’’). The Fund shall be dedicated
to the settlement of the two lawsuits in the United States District
Court for the District of New Mexico consolidated as Civ. No.
00–60.
(b) ELEMENTS OF FUND.—The Fund shall consist of the fol-
lowing:
(1) Amounts available for deposit in the Fund under sub-
section (j).
(2) Interest earned on amounts in the Fund under sub-
section (g).
(c) USE OF FUND.—The Fund shall be available for the settle-
ment of the consolidated lawsuits in accordance with the following
requirements:
(1) The settlement shall be subject to preliminary and
final approval by the Court in accordance with rule 23(e) of
the Federal Rules of Civil Procedure.
(2) The Court shall appoint a special master in accordance
with rule 53 of the Federal Rules of Civil Procedure to—
(A) identify class members;
(B) receive claims from class members so identified;
(C) determine in accordance with subsection (d) eligible
claimants from among class members so identified;
(D) resolve contests, if any, among claimants with
respect to a particular eligible tract, regarding the disburse-
ment of monies in the Fund with respect to that eligible
tract; and
(E) address such other matters as the Court may order.
(3) Lead counsel for claimants shall provide evidence to
the special master to assist the special master in the duties
set forth in paragraph (2).
(4) If more than 10 percent of the class members object
to the settlement, or the Court fails to approve the settlement—
(A) the Fund shall not serve as the basis for the
settlement of the consolidated lawsuits and the provisions
of this section shall have no further force or effect; and
(B) amounts in the Fund shall not be disbursed, but
shall be retained in the Treasury as miscellaneous receipts.
(5) The Court may award compensation for the special
master and attorney fees and expenses from the Fund pursuant
to rule 23 of the Federal Rules of Civil Procedure, except
H. R. 4200—366
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 compensation and attorney fees and
expenses so paid shall be paid from the Fund by the Court
before distribution of the amount in the Fund to eligible claim-
ants 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 paragraph (5) shall be allocated
proportionally by eligible tract according to its acreage
as compared with all eligible tracts.
(B) The allocation for each eligible tract shall be allo-
cated 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.
(7) The special master shall disburse the allocated amounts
from the Fund after approval by the Court.
(8) Any amounts available for disbursement with respect
to an eligible tract that are not awarded to eligible claimants
with respect to that tract 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 determined by the Court,
by a preponderance of evidence, 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 Manhattan 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, successor
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 constitute 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 consolidated 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 section 9702 of title
H. R. 4200—367
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 maximize its safety while earning a return
comparable to other 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 appropriating amounts
for deposit in the Fund until the date on which the Secretary
of the Treasury disburses the amount in the Fund to eligible claim-
ants 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 National Archives of the United
States.
(2) The Archivist shall make available to the public the mate-
rials 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 law-
suits in the United States District Court for the District of
New Mexico consolidated as Civ. No. 00–60.
(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 acquired 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 following:
(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 Manhattan Project.
(B) Any person or entity claiming to be the heir, suc-
cessor in interest, assignee, or beneficiary of 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 Manhattan Project.
(j) FUNDING.—Of the amount authorized to be appropriated
by section 3101(a)(4) for the National Nuclear Security Administra-
tion for the Office of the Administrator for Nuclear Security,
$10,000,000 shall be available for deposit in the Fund under sub-
section (b)(1).
SEC. 3148. MODIFICATION OF REQUIREMENTS RELATING TO CONVEY-
ANCES AND TRANSFER OF CERTAIN LAND AT LOS
ALAMOS NATIONAL LABORATORY, NEW MEXICO.
Section 632(a) of Public Law 105–119 (111 Stat. 2523; 42 U.S.C.
2391 note) is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘except as provided in paragraph (2),’’
before ‘‘convey’’; and
H. R. 4200—368
(B) by striking ‘‘and’’ at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) notwithstanding paragraph (1) and the agreement
under subsection (e), convey, without consideration, to the
Board of Education of the Los Alamos Public Schools, New
Mexico, within the County, fee title to the parcels of land
identified by the Department of Energy as Parcel A–8 and
Parcel A–15–1 that are currently located in Technical Area–
21 of Los Alamos National Laboratory upon the entry of Los
Alamos Public Schools and the County into an agreement for
the use of the parcel of land identified as Parcel A–8; and’’.
Subtitle E—Energy Employees Occupa-
tional Illness Compensation Program
SEC. 3161. CONTRACTOR EMPLOYEE COMPENSATION.
The Energy Employees Occupational Illness Compensation Pro-
gram 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)) is amended by adding after subtitle
D (42 U.S.C. 7385o) the following new title:
‘‘Subtitle E—Contractor Employee
Compensation
‘‘SEC. 3671. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) The term ‘covered DOE contractor employee’ means
any Department of Energy contractor employee determined
under section 3675 to have contracted a covered illness through
exposure at a Department of Energy facility.
‘‘(2) The term ‘covered illness’ means an illness or death
resulting from exposure to a toxic substance.
‘‘(3) The term ‘Secretary’ means the Secretary of Labor.
‘‘SEC. 3672. COMPENSATION TO BE PROVIDED.
‘‘Subject to the other provisions of this subtitle:
‘‘(1) CONTRACTOR EMPLOYEES.—A covered DOE contractor
employee shall receive contractor employee compensation under
this subtitle in accordance with section 3673.
‘‘(2) SURVIVORS.—After the death of a covered DOE con-
tractor employee, compensation referred to in paragraph (1)
shall not be paid. Instead, the survivor of that employee shall
receive compensation as follows:
‘‘(A) Except as provided in subparagraph (B), the sur-
vivor of that employee shall receive contractor employee
compensation under this subtitle in accordance with section
3674.
‘‘(B) In a case in which the employee’s death occurred
after the employee applied under this subtitle and before
compensation was paid under paragraph (1), and the
employee’s death occurred from a cause other than the
H. R. 4200—370
‘‘(ii) $15,000 multiplied by the number referred to in
clause (iii)(II) of subparagraph (A).
‘‘(b) DETERMINATION OF MINIMUM IMPAIRMENT RATING.—For
purposes of subsection (a), a minimum impairment rating shall
be determined in accordance with the American Medical Associa-
tion’s Guides to the Evaluation of Permanent Impairment.
‘‘SEC. 3674. COMPENSATION SCHEDULE FOR SURVIVORS.
‘‘(a) CATEGORIES OF COMPENSATION.—The amount of contractor
employee compensation under this subtitle for the survivor of a
covered DOE contractor employee shall be determined as follows:
‘‘(1) CATEGORY ONE.—The survivor shall receive the amount
of $125,000, if the Secretary determines that—
‘‘(A) the employee would have been entitled to com-
pensation under section 3675 for a covered illness; and
‘‘(B) it is at least as likely as not that exposure to
a toxic substance at a Department of Energy facility was
a significant factor in aggravating, contributing to, or
causing the death of such employee.
‘‘(2) CATEGORY TWO.—The survivor shall receive the amount
of $150,000, if paragraph (1) applies to the employee and the
Secretary also determines that there was an aggregate period
of not less than 10 years, before the employee attained normal
retirement age (for purposes of the Social Security Act), during
which, as the result of any covered illness contracted by that
employee through exposure to a toxic substance at a Depart-
ment of Energy facility, the employee’s annual wage did not
exceed 50 percent of the average annual wage of that employee,
as determined under section 3673(a)(2)(A)(ii).
‘‘(3) CATEGORY
THREE.—The survivor shall receive the
amount of $175,000, if paragraph (1) applies to the employee
and the Secretary also determines that there was an aggregate
period of not less than 20 years, before the employee attained
normal retirement age (for purposes of the Social Security
Act), during which, as the result of any covered illness con-
tracted by that employee through exposure to a toxic substance
at a Department of Energy facility, the employee’s annual
wage did not exceed 50 percent of the average annual wage
of that employee, as determined under section 3673(a)(2)(A)(ii).
‘‘(b) ONE AMOUNT ONLY.—The survivor of a covered DOE con-
tractor employee to whom more than one amount under subsection
(a) applies shall receive only the highest such amount.
‘‘(c) DETERMINATION AND ALLOCATION OF SHARES.—The amount
under subsection (a) shall be paid only as follows:
‘‘(1) If a covered spouse is alive at the time of payment,
such payment shall be made to such surviving spouse.
‘‘(2) If there is no covered spouse described in paragraph
(1), such payment shall be made in equal shares to all covered
children who are alive at the time of payment.
‘‘(3) Notwithstanding the other provisions of this sub-
section, if there is—
‘‘(A) a covered spouse described in paragraph (1); and
‘‘(B) at least one covered child of the employee who
is living at the time of payment and who is not a recognized
natural child or adopted child of such covered spouse,
then half of such payment shall be made to such covered
spouse, and the other half of such payment shall be made
H. R. 4200—371
in equal shares to each covered child of the employee who
is living at the time of payment.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered spouse’ means a spouse of the
employee who was married to the employee for at least one
year immediately before the employee’s death.
‘‘(2) The term ‘covered child’ means a child of the employee
who, as of the employee’s death—
‘‘(A) had not attained the age of 18 years;
‘‘(B) had not attained the age of 23 years and was
a full-time student who had been continuously enrolled
as a full-time student in one or more educational institu-
tions since attaining the age of 18 years; or
‘‘(C) had been incapable of self-support.
‘‘(3) The term ‘child’ includes a recognized natural child,
a stepchild who lived with an individual in a regular parent-
child relationship, and an adopted child.
‘‘SEC. 3675. DETERMINATIONS REGARDING CONTRACTION OF COV-
ERED ILLNESSES.
‘‘(a) CASES DETERMINED UNDER SUBTITLE B.—A determination
under subtitle B that a Department of Energy contractor employee
is entitled to compensation under that subtitle for an occupational
illness shall be treated for purposes of this subtitle as a determina-
tion that the employee contracted that illness through exposure
at a Department of Energy facility.
‘‘(b) CASES DETERMINED UNDER FORMER SUBTITLE D.—In the
case of a covered illness of an employee with respect to which
a panel has made a positive determination under section 3661(d)
and the Secretary of Energy has accepted that determination under
section 3661(e)(2), or with respect to which a panel has made
a negative determination under section 3661(d) and the Secretary
of Energy has found significant evidence to the contrary under
section 3661(e)(2), that determination shall be treated for purposes
of this subtitle as a determination that the employee contracted
the covered illness through exposure at a Department of Energy
facility.
‘‘(c) OTHER CASES.—(1) In any other case, a Department of
Energy contractor employee shall be determined for purposes of
this subtitle to have contracted a covered illness through exposure
at a Department of Energy facility if—
‘‘(A) it is at least as likely as not that exposure to a
toxic substance at a Department of Energy facility was a signifi-
cant factor in aggravating, contributing to, or causing the ill-
ness; and
‘‘(B) it is at least as likely as not that the exposure to
such toxic substance was related to employment at a Depart-
ment of Energy facility.
‘‘(2) A determination under paragraph (1) shall be made by
the Secretary.
‘‘(d) APPLICATIONS BY SPOUSES AND CHILDREN.—If a spouse
or child of a Department of Energy contractor employee applies
for benefits under this subtitle, the Secretary shall make a deter-
mination under this section with respect to that employee without
regard to whether the spouse is a ‘covered spouse’, or the child
is a ‘covered child’, under this subtitle.
H. R. 4200—372
‘‘SEC. 3676. APPLICABILITY TO CERTAIN URANIUM EMPLOYEES.
‘‘(a) IN GENERAL.—This subtitle shall apply to—
‘‘(1) a section 5 payment recipient who contracted a section
5 illness through a section 5 exposure at a section 5 facility,
or
‘‘(2) a section 5 uranium worker determined under section
3675(c) to have contracted a covered illness through exposure
to a toxic substance at a section 5 mine or mill,
(or to the survivor of that employee, as applicable) on the same
basis as it applies to a Department of Energy contractor employee
determined under section 3675 to have contracted a covered illness
through exposure to a toxic substance at a Department of Energy
facility (or to the survivor of that employee, as applicable).
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘section 5 payment recipient’ means an indi-
vidual who receives, or has received, $100,000 under section
5 of the Radiation Exposure Compensation Act (42 U.S.C. 2210
note) for a claim made under that Act.
‘‘(2) The terms ‘section 5 exposure’, ‘section 5 facility’, and
‘section 5 illness’ mean the exposure, facility, and illness,
respectively, to which an individual’s status as a section 5
payment recipient relates.
‘‘(3) The term ‘section 5 uranium worker’ means an indi-
vidual to whom subsection (a)(1)(A)(i) of section 5 of the Radi-
ation Exposure Compensation Act applies (whether directly
or by reason of subsection (a)(2)).
‘‘(4) The term ‘section 5 mine or mill’ means the mine
or mill to which an individual’s status as a section 5 uranium
worker relates.
‘‘SEC. 3677. ADMINISTRATIVE AND JUDICIAL REVIEW.
‘‘(a) JUDICIAL
REVIEW.—A person adversely affected or
aggrieved by a final decision of the Secretary under this subtitle
may review that order in the United States district court in the
district in which the injury was sustained, the employee lives,
the survivor lives, or the District of Columbia, by filing in such
court within 60 days after the date on which that final decision
was issued a written petition praying that such decision be modified
or set aside. The person shall also provide a copy of the petition
to the Secretary. Upon such filing, the court shall have jurisdiction
over the proceeding and shall have the power to affirm, modify,
or set aside, in whole or in part, such decision. The court may
modify or set aside such decision only if the court determines
that such decision was arbitrary and capricious.
‘‘(b) ADMINISTRATIVE REVIEW.—The Secretary shall ensure that
recommended decisions of the Secretary with respect to a claim
under this subtitle are subject to administrative review. The Sec-
retary shall prescribe regulations for carrying out such review or
shall apply to this subtitle the regulations applicable to rec-
ommended decisions under subtitle B.
‘‘SEC. 3678. PHYSICIANS SERVICES.
‘‘(a) IN GENERAL.—The Secretary may utilize the services of
physicians for purposes of making determinations under this sub-
title.
H. R. 4200—373
‘‘(b) PHYSICIANS.—Any physicians whose services are utilized
under subsection (a) of this section shall possess appropriate exper-
tise and experience in the evaluation and determination of the
extent of permanent physical impairments or in the evaluation
and diagnosis of illnesses or deaths aggravated, contributed to,
or caused by exposure to toxic substances.
‘‘(c) ARRANGEMENT.—The Secretary may secure the services
of physicians utilized under subsection (a) of this section through
the appointment of physicians or by contract.
‘‘SEC. 3679. MEDICAL BENEFITS.
‘‘A covered DOE contractor employee shall be furnished medical
benefits specified in section 3629 for the covered illness to the
same extent, and under the same conditions and limitations, as
an individual eligible for medical benefits under that section is
furnished medical benefits under that section.
‘‘SEC. 3680. ATTORNEY FEES.
‘‘Section 3648 shall apply to a payment under this subtitle
to the same extent that it applies to a payment under subtitle
B.
‘‘SEC. 3681. ADMINISTRATIVE MATTERS.
‘‘(a) IN GENERAL.—The Secretary shall administer this subtitle.
‘‘(b) CONTRACT AUTHORITY.—The Secretary may enter into con-
tracts with appropriate persons and entities to administer this
subtitle.
‘‘(c) RECORDS.—(1)(A) The Secretary of Energy shall provide
to the Secretary all records, files, and other data, whether paper,
electronic, imaged, or otherwise, developed by the Secretary of
Energy that are applicable to the administration of this subtitle,
including records, files, and data on facility industrial hygiene,
employment of individuals or groups, exposure and medical records,
and claims applications.
‘‘(B) In providing records, files, and other data under this para-
graph, the Secretary of Energy shall preserve the current organiza-
tion of such records, files, and other data, and shall provide such
description and indexing of such records, files, and other data
as the Secretary considers appropriate to facilitate their use by
the Secretary.
‘‘(2) The Secretary of Energy and the Secretary shall jointly
undertake such actions as are appropriate to retrieve records
applicable to the claims of Department of Energy contractor
employees for contractor employee compensation under this subtitle,
including employment records, records of exposure to beryllium,
radiation, silica, or other toxic substances, and records regarding
medical treatment.
‘‘(d) INFORMATION.—At the request of the Secretary, the Sec-
retary of Energy and any contractor who employed a Department
of Energy contractor employee shall, within time periods specified
by the Secretary, provide to the Secretary and to the employee
information or documents in response to the request.
‘‘(e) REGULATIONS.—The Secretary shall prescribe regulations
necessary for the administration of this subtitle. The initial regula-
tions shall be prescribed not later than 210 days after the date
of the enactment of this subtitle. The Secretary may prescribe
interim final regulations necessary to meet the deadlines specified
in this subtitle.