ees of the same employer in the same or most similar class
working in the same or most similar employment in the
same or neighboring location, 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 im-
mediately preceding the date of injury or inception of dis-
ability, whichever is greater.
SEC. 206. LIMITATIONS ON RECEIVING COMPENSATION.
(a) IN GENERAL.—While a covered employee as de-
fined in section 201(5)(B) is receiving compensation under
this title, or if the covered employee has been paid a lump
sum in commutation of installment payments until the ex-
piration of the period during which the installment pay-
ments would have continued pursuant to section 8135 of
title 5, United States Code, the covered employee may not
receive salary, 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
payable for the same covered illness or the same
death;
(4) retired pay, retirement pay, retainer pay, or
equivalent pay for service in the Armed Forces or
other uniformed service; and
(5) retirement benefits under subchapter III of
chapter 83 of title 5, United States Code, or other
retirement system for employees of Federal or State
government.
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 Federal or
State government, does not impair the right of the em-
ployee to compensation for scheduled disabilities specified
by section 8107 of title 5, United States Code.
(b) ELECTION OF BENEFITS.—An individual eligible
to receive benefits under this title because of a covered
illness or death of a covered employee as defined in section
201(5)(B), 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 of
Labor by regulation. The election when made is irrev-
ocable, except as otherwise provided by statute, or unless
the level of compensation and other benefits under the
other statutory provision or under this title changes, in
which event the individual is entitled to make a new in-
formed election.
(c) LIMITATION.—While a covered employee is receiv-
ing compensation under this title, or if the covered em-
ployee has been paid a lump sum commutation of install-
ment payments until the expiration of the period during
which the installment payments would have continued, the
covered employee 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 indi-
vidual shall elect which benefits to receive. The individual
shall make the election within the time allowed by the Sec-
retary of Labor by regulation. The election when made
is irrevocable, unless the level of compensation and other
benefits under the other Federal program or under this
title changes, in which event the individual is entitled to
make a new informed election.
(d) ELECTION OF BENEFITS.—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 same covered illness or
death of the covered employee from a State workers’ com-
pensation system shall elect which benefits to receive,
unless—
(1) at the time of injury, the State 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.
An individual required to make such an election shall
make the election within the time allowed by the Secretary
of Labor by regulation. The election when made is irrev-
ocable, unless the level of compensation and other benefits
under the State program or under this title changes, in
which event the individual is entitled to make a new in-
formed election.
SEC. 207. COORDINATION OF BENEFITS.
Except where the Secretary issues a waiver pursuant
to section 206(d)(2), a claimant awarded benefits under
this title as a result of a covered illness or death of a cov-
ered employee who receives benefits because of the same
covered illness or death from any other State or Federal
workers compensation system and who has elected benefits
under this title pursuant to subsection (c) or (d) of section
206, shall receive compensation as specified in this title
for the covered illness or death, reduced by the amount
of any workers’ compensation benefits that the claimant
receives or will receive on account of the covered illness
or death under any State or Federal workers’ compensa-
tion system during the period that awarded benefits are
provided under this title, after deducting the reasonable
costs, as determined by the Secretary of Labor by regula-
tion, of obtaining such benefits.
SEC. 208. RIGHT TO ALTERNATIVE COMPENSATION.
(a) IN GENERAL.—A covered employee, who was ex-
posed to radiation or other hazardous substance in the
performance of duty, as determined in accordance with
section 203, and who, in addition, demonstrates the exist-
ence of a covered illness, and its diagnosis, by medical doc-
umentation created during the covered employee’s lifetime
or at the time of death or autopsy, may elect to receive
compensation in the amount of $200,000, subject to ad-
justment pursuant to section 8146a(a) of title 5, United
States Code, together with those services and benefits
specified in section 8103 of title 5, United States Code,
in lieu of any other compensation to which the covered
employee or the employee’s survivors might otherwise be
awarded under this title.
(b) COVERED EMPLOYEE DIES.—If a covered em-
ployee who would have been eligible to make the election
provided by this section dies before the effective date of
this title, or before making the election, whether or not
the death is the result of a covered illness, the employee’s
survivor or survivors may make the election to receive the
compensation specified in subsection (a) of this section in
lieu of any other compensation that either the covered em-
ployee or the employee’s survivors might otherwise have
been awarded under this title. The right to make an elec-
tion 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) TIME FOR ELECTION.—The election to receive
compensation under this section in lieu of other compensa-
tion under this title shall be made at any time subsequent
to filing a claim pursuant to section 210, up to and includ-
ing 30 days after either the date of a decision determining
an award of compensation for total disability or partial
disability under this title or the date the Secretary informs
the employee or the employee’s survivor of the right to
make such an election, whichever is later, unless the time
is extended upon request by the employee or the employ-
ee’s survivor. The election when made by a covered em-
ployee or survivor is irrevocable and binding on all sur-
vivors.
(d) LIMITATION.—When a covered employee, or the
employee’s survivor, has made an election to receive 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 of that employee.
SEC. 209. PAYMENT IN FULL SETTLEMENT OF CLAIMS
AGAINST THE UNITED STATES AND THE EM-
PLOYEE’S EMPLOYER.
(a) IN GENERAL.—If an individual elects to accept
payment under this title with respect to a covered illness,
or death of a covered employee, that acceptance of pay-
ment shall be in full settlement of all claims against the
United States under chapter 171 of title 28, United States
Code (relating to tort procedures), or against the covered
employee’s employer (with the exception of intentional
torts), that arise out of the employee’s exposure to radi-
ation or other hazardous substances in the performance
of the employee’s duties within the meaning of section
104.
(b) APPLICATION.—This section does not apply to an
administrative or judicial proceeding under a State or
Federal workers’ compensation statute subject to sections
206 and 207, nor to any litigation, whether arising out
of the employee’s exposure to radiation or other hazardous
substances in the performance of his or her duties or not,
in any state or Federal court as of the effective date of
this title.
SEC. 210. FILING OF CLAIM.
A claim for compensation under this title shall be
submitted to the Secretary of Labor, or the Secretary of
Labor’s designee, in the manner specified in section 8121
of title 5, United States Code, for determination pursuant
to section 212.
SEC. 211. TIME LIMITATION ON FILING A CLAIM.
(a) IN GENERAL.—A claim for compensation under
this title must be filed within the later of—
(1) 7 years after the effective date, or
(2) 7 years after the date the claimant first be-
comes aware of—
(A) a diagnosis of a covered illness, or
death resulting from such illness; and
(B) the causal connection of that illness,
condition, or death to exposure to radiation of
other hazardous substance in the performance
of duty as a covered employee.
(b) LIMITATIONS PERIOD.—A new limitations period
commences with each later diagnosis of a covered illness
different from that previously diagnosed.
(c) TIMELY FILING.—The timely filing of a disability
claim because of a covered illness will satisfy the time re-
quirements for a death claim based on the same illness
or condition.
SEC. 212. DETERMINATION AND AWARD OF CLAIMS.
(a) IN GENERAL.—Upon entry into the agreement
with the Secretary of Energy authorized by section 202(a)
of this title, the Secretary of Labor, or the Secretary of
Labor’s designee, shall determine and make findings of
fact and make an award for or against payment of com-
pensation under this title within 120 days of the filing of
a claim pursuant to section 210 after—
(1) considering the claim presented by the bene-
ficiary, the results of any medical test or diagnosis
undertaken to determine the existence of a covered
illness, and any requested report or data furnished
by the Department of Energy or a Physicians Panel
under title IV; and
(2) completing such investigation as the Sec-
retary or the Secretary’s designee considers nec-
essary.
(b) CLAIM DETERMINATION.—Except as otherwise
specified in this title, the determination of a claim for com-
pensation, and any award and payment of compensation
under this section shall be made in accordance with sec-
tion 8124(a) of title 5, United States Code. Unless a hear-
ing is requested pursuant to section 213(a), the deter-
mination, findings, and any award rendered hereunder
shall become final and conclusive at the expiration of the
thirtieth day after the date of the Secretary of Labor’s
decision and service thereof upon claimant.
SEC. 213. REVIEW OF AWARD.
(a) IN GENERAL.—A claimant for compensation is
entitled to a hearing on the claimant’s claim before an
administrative law judge qualified under section 3105 of
title 5, United States Code, upon request made by claim-
ant within 30 days after the date of issuance and service
of the Secretary of Labor’s findings and decision under
section 212, and to the presentation at such hearing of
evidence in further support of the claim. The administra-
tive law judge may extend the period for requesting a
hearing under this section upon petition of the claimant
and good cause shown.
(b) ADMINISTRATIVE LAW JUDGE.—The administra-
tive law judge shall, in the conduct of a hearing requested
pursuant to subsection (a) of this section and in the eval-
uation and determination of claimant s claim, have those
powers, duties and responsibilities vested by section
8124(b) of title 5, United States Code, in the Secretary
of Labor, if the hearing is conducted in accordance with
the provisions of section 554 of title 5, United States
Code. Parties to a proceeding under this subsection shall
be strictly limited to the claimant and the Secretary of
Labor as represented by the Secretary of Labor’s des-
ignee.
(c) The administrative law judge shall have power to
preserve and enforce order during any proceeding under
this section, to issue subpoenas for, to administer oaths
to, and to compel the attendance and testimony of wit-
nesses, or the production of books, papers, documents, and
other evidence, or the taking of depositions before any des-
ignated individual competent to administer oaths, to ex-
amine witnesses, and to do all things conformable to law
which may be necessary to enable the administrative law
judge effectively to discharge the administrative law
judge’s duties under this title.
(d) PENALTY.—If any person in proceedings before
an administrative law judge under this section disobeys
or resists any lawful order or process, or misbehaves dur-
ing a hearing or so near the place thereof as to obstruct
the same, or neglects to produce, after having been or-
dered to do so, any pertinent book, paper, or document,
or refuses to appear after having been subpoenaed, or
upon appearing refuses to take the oath as a witness, or
after having taken the oath refuses to be examined accord-
ing to law, the administrative law judge shall certify the
facts to the district court having jurisdiction in the place
in which the administrative law judge is sitting (or to the
United States District Court for the District of Columbia
if the administrative law judge is sitting in such District)
which shall thereupon in a summary manner hear the evi-
dence as to the acts complained of, and, if the evidence
so warrants, punish such person in the same manner and
to the same extent as for a contempt committed before
the court, or commit such person upon the same condi-
tions as if the doing of the forbidden act had occurred
with reference to the process of or in the presence of the
court.
(e) RECORD.—The record shall close at the conclu-
sion of the hearing, except where the administrative law
judge grants, for good cause, an extension not to exceed
30 days for the submission of additional evidence and ar-
gument.
(f) DECISION NOTICE.—Within 45 days of the clos-
ing of the record, and no later than 180 days after receipt
of claimant’s request for hearing, the administrative law
judge shall notify the claimant in writing of his decision
and any award he may make, and of the basis for such
decision and award. In accordance with the facts found
on review, the administrative law judge may end, decrease,
or increase the compensation previously awarded, or
award compensation previously refused or discontinued.
(g) EFFECTIVE DATE
OF DECISION.—Unless ap-
pealed to the Benefits Review Board as provided in section
214, the decision by the administrative law judge, and any
award rendered as a result thereof, shall become effective
upon filing with the Secretary of Labor, or the Secretary
of Labor’s designee, and service upon the claimant, and
shall become final and conclusive at the expiration of the
thirtieth day thereafter.
SEC. 214. APPEAL.
(a) IN GENERAL.—Within 30 days of the effective
date of a decision rendered by an administrative law judge
under section 213, an aggrieved claimant may seek review
of such determination before the Benefits Review Board
established pursuant to section 21(b) of the Longshore
and Harbor Worker’s Compensation Act (33 U.S.C.
921(b)). The Benefits Review Board may extend the pe-
riod for requesting review under this section, not to exceed
an additional 30 days, upon petition of the claimant and
good cause shown.
(b) BOARD
AUTHORITY.—The Benefits Review
Board is authorized to hear and determine an appeal
under this section in accordance with and pursuant to the
authority vested in the Board by section 921(b) of title
33, United States Code. The Board shall make its final
determination with regard to such appeal within 240 days
following receipt of claimant s request for review. Parties
to a proceeding under this subsection shall be strictly lim-
ited to the claimant and the Secretary of Labor as rep-
resented by the Secretary of Labor’s designee.
(c) JUDICIAL REVIEW.—A claimant adversely af-
fected or aggrieved by a final determination and order of
the Benefits Review Board may obtain review thereof in
the United States court of appeals for the circuit in which
the claimant resides pursuant to section 21(c) of the
Longshore and Harbor Worker’s Compensation Act (33
U.S.C. 921(c)).
SEC. 215. RECONSIDERATION OF DENIAL OF CLAIM.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of this title, a claimant or eligible surviving bene-
ficiary may obtain reconsideration of a decision denying
coverage under this title after the promulgation by the
Secretary, pursuant to section 226(b), of regulations iden-
tifying additional criteria for establishing the existence of
a covered illness.
(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 AF-
FECTED.
(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. FORFEITURE OF BENEFITS BY CONVICTED FEL-
ONS.
(a) IN GENERAL.—Any individual convicted of a vio-
lation of section 1920 of title 18, or any other Federal
or State criminal statute relating to fraud in the applica-
tion 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 covered illness for which the time of injury
was on or before the date of such conviction. Such for-
feiture shall be in addition to any action the Secretary may
take pursuant to the provisions of sections 8106 or 8129
of title 5, United States Code.
(b) LIMITATIONS.—
(1) IN GENERAL.—Notwithstanding any other
provision of law (except as provided under para-
graph (2)), no benefits under this title shall be paid
or provided to any individual during any period dur-
ing which such individual is confined in a jail, pris-
on, or other penal institution or correctional facility,
pursuant to that individual’s conviction of an offense
that constituted a felony under applicable law. Such
an individual shall not receive the benefits forfeited
during such period of incarceration, after the period
of incarceration ends.
(2) EXCEPTION.—If an individual has one or
more dependents as defined under section 8110(a) of
title 5, United States Code, the Secretary may, dur-
ing the period of incarceration, pay to these depend-
ents a percentage of the benefits that would have
been payable to such individual computed according
to the percentages set forth in paragraphs (1)
through (5) of section 8133(a) of title 5, United
States Code.
(c) INFORMATION.—Notwithstanding the provision of
section 552a of title 5, United States Code, or any other
provision of Federal or State law, any agency of the
United States Government or of any State (or political
subdivision thereof) shall make available to the Secretary,
upon written request, the names and Social Security ac-
count numbers of individuals who are confined in a jail,
prison, or other penal institution or correctional facility
under the jurisdiction of that agency, pursuant to the indi-
viduals’ conviction of an offense that constituted a felony
under applicable law, which the Secretary may require to
carry out the provisions of this section.
SEC. 223. 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. 224. ANNUAL REPORT.
The Secretary shall, at the end of each fiscal year,
prepare a report with respect to the administration of this
title.
SEC. 225. 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. 226. 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. 227. 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. 228. 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.’’.
SEC. 229. EFFECTIVE DATE.
This title is effective upon the date of its enactment.
TITLE III—ASBESTOS
COMPENSATION
Subtitle A—Establishment and
Procedure
SEC. 301. ESTABLISHMENT OF THE OFFICE OF ASBESTOS
COMPENSATION.
(a) 
ESTABLISHMENT
OF
PROGRAM; 
ADMINIS-
TRATOR.—There is established in the Department of
Labor the Office of Asbestos Compensation (OAC) to be
headed by an Administrator. The Administrator shall be
appointed by the President by and with the advice and
consent of the Senate. The Administrator shall serve for
a term of 10 years, and may be removed by the Attorney
General only for good cause. The Administrator shall have
authority to promulgate all procedural and substantive
rules necessary to administer this title. All claims and
other filings under this title shall be lodged with the office
designated by the Administrator.
(b) EXCLUSIVE JURISDICTION.—Except as otherwise
provided in this title, the OAC shall have exclusive juris-
diction over proceedings to determine if a claimant in Los
Alamos, New Mexico, is entitled to compensation for an
asbestos claim and the amount of such compensation. The
foregoing shall not apply to any claim brought under any
workers’ compensation law or veterans’ benefits program.
(c) MEDICAL DIRECTOR.—The Administrator shall
appoint the Medical Director and may remove the Medical
Director for good cause. The Medical Director shall, under
the supervision of the Administrator, manage the medical
review process under section 302 and shall have the au-
thority to appoint or to contract for the services of claims
examiners, physicians, and such other personnel as may
be necessary or appropriate for the efficient conduct of
the medical review process and to create the exceptional
medical claims panel.
(d) ASBESTOS COMPENSATION FUND.—There is es-
tablished in the OAC an Asbestos Compensation Fund for
the purpose of providing payments to claimants in Los Al-
amos, New Mexico, under this title. The Administrator
shall appoint the Trustee of the Asbestos Compensation
Fund and may remove the Trustee for good cause.
(e) OFFICE OF ADMINISTRATIVE LAW JUDGES.—
There is established in the OAC an Office of Administra-
tive Law Judges for the purpose of providing expedited
administrative adjudication of asbestos claims pursuant to
section 305. The Administrator shall have authority to ap-
point Administrative Law Judges on a temporary or emer-
gency basis and to remove such judges for good cause.
(f) MEDICAL ADVISORY COMMITTEE.—The Adminis-
trator shall appoint a Medical Advisory Committee which
shall periodically evaluate this title’s medical review proc-
ess and medical eligibility criteria. The Administrator shall
set a term of appointment for members of the Medical Ad-
visory Committee. The Committee shall make appropriate
recommendations as and when it deems appropriate and
shall submit an annual report to the Administrator and
the Congress.
SEC. 302. MEDICAL ELIGIBILITY REVIEW.
(a) DETERMINATION
OF ELIGIBILITY.—All claims
when filed shall be immediately referred to the Medical
Director. The Medical Director shall determine whether
the claimant meets the requirements for medical eligibility
in section 320 or the requirements for medical testing re-
imbursement in section 325.
(b) INFORMATION FOR MEDICAL REVIEW.—The Ad-
ministrator shall issue rules for the expeditious conduct
of the medical review process. Such rules at a minimum
shall provide for the following:
(1) Submission of the following information
where relevant and feasible: smoking history; occu-
pational history; description of the circumstances,
intensity, time, and duration of exposure; medical
test results necessary for a decision as to whether an
exposed person meets the requirements for one or
more medically eligible categories under sections
320, 321, 322, 323, 324, or 325, including all of the
supporting data for any pulmonary function tests on
which the claimant relies (including all flow volume
loops, spirographs, and any other tracings for any
test that is performed). The claimant shall also pro-
vide such medical releases as the Administrator may
require allowing the OAC to obtain any and all med-
ical information relevant to the determination of
medical eligibility.
(2) The Medical Director may require addi-
tional noninvasive medical tests at the expense of the
OAC if necessary for a determination of medical eli-
gibility.
(c) PROCEDURES.—Upon receipt of a complete med-
ical application, the Medical Director shall send notice to
the claimant confirming the OAC’s receipt of the claim.
The Medical Director shall make an initial decision within
30 days of such receipt. If the application is initially de-
nied, the claimant shall be so notified and, at the claim-
ant’s request, the application shall be immediately referred
to—
(1) a review panel of 2 qualified physicians,
with a third qualified physician available to resolve
any disagreement between the initial 2 qualified phy-
sicians; or
(2) an exceptional medical claims panel.
The Medical Director shall be bound by a panel’s decision.
The rules shall also provide for the prioritization of claims,
including enhanced priority for claimants who have meso-
thelioma, and set a time limit for a determination by the
review panel.
(d) EXCEPTIONAL MEDICAL CLAIMS.—The rules of
the medical review process shall provide the claimant with
an opportunity to apply to an exceptional medical claims
panel for a determination of whether the exposed person
meets the requirements under section 320(b) for an excep-
tional medical claim for any category. This opportunity
shall be provided both at the initial filing of a claim and
after a claim has been denied under this subsection. The
exceptional medical claims panel shall decide whether the
claimant qualifies as an exceptional medical claim within
30 days of receipt of the claim. This time limit may be
extended by the Administrator only for good cause. The
Medical Director shall be bound by the decision of the ex-
ceptional medical claims panel. The Medical Director shall
issue a final denial, along with a brief statement of rea-
sons, if the claimant is found ineligible following an oppor-
tunity to submit the claim to a medical review panel and
an exceptional medical claims panel.
(e) MEDICAL EXAMINATIONS.—Assistance shall be
provided to employees and claimants in connection with
this title, including assistance in securing medical testing
and diagnostic services necessary to determine the exist-
ence of a covered illness. In carrying out this subsection,
the examination of workers who believe they have ailments
related to the environmental conditions at their places of
work in Los Alamos shall be conducted free of charge at
the Veterans’ Administration hospital nearest to their
place of residence and such workers shall receive free
treatment for ailments and illnesses identified by such
physicians as potentially work-related. Such workers shall
also receive reimbursement for travel and lodging ex-
penses.
(f) MONITORING ACCURACY OF DETERMINATIONS.—
The Medical Director shall establish audit and personnel
review procedures for evaluating the accuracy of medical
eligibility determinations, including both erroneous ap-
provals and erroneous denials.
(g) OPT-OUT.—After receiving a certificate of eligi-
bility, a claimant may opt out of settlement proceedings
provided for under sections 303 and 304 and elect to file
suit in any State or Federal court of competent jurisdic-
tion.
137
ards, whether there was adequate protective equipment,
whether there was full knowledge by employee of exposure
to hazards, whether more than one hazard presents an ad-
ditive or multiplicative effect, whether employee was in-
volved in accidental release or accident, and whether simi-
larly situated employees have contracted similar diseases
that are attributable to occupational exposure.
(e) ADDITIONAL INFORMATION.—Upon request, the
claimant shall have the opportunity to present additional
medical or exposure information to the panel through the
Secretary of Labor. If additional information is required
to render a recommendation, the panel may request,
through the Secretary of Labor, that a claimant undergo
specified diagnostic tests, or that the Department of En-
ergy or its contractors supply additional information. A
copy of the recommendation shall be provided to the claim-
ant by the Secretary of Labor upon request.
(f) MEDICAL
EXAMINATIONS.—The Secretary of
Labor shall provide assistance to employees and claimants
in connection with this title, including assistance in secur-
ing medical testing and diagnostic services necessary to
determine the existence of a covered illness. In carrying
out this subsection, the examination of workers who be-
lieve they have ailments related to the environmental con-
ditions at their places of work in Los Alamos shall be con-