1218
essary stabilization, of residual radioactive ma-
terial and other contaminated material from the
Moab site and the floodplain of the Colorado
River.’’.
(c) CONFORMING AMENDMENT.—Section 3406 of the
Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (10 U.S.C. 7420 note; Public Law 105–
261) is amended by adding at the end the following new
subsection:
‘‘(f) OIL SHALE RESERVE NUMBERED 2.—This sec-
tion does not apply to the transfer of Oil Shale Reserve
Numbered 2 under section 3405.’’.
TITLE XXXV—MARITIME
ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2001.
Sec. 3502. Scrapping of National Defense Reserve Fleet vessels.
Sec. 3503. Authority to convey National Defense Reserve Fleet vessel, GLA-
CIER.
Sec. 3504. Maritime intermodal research.
Sec. 3505. Maritime research and technology development.
Sec. 3506. Reporting of administered and oversight funds.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEAR 2001.
Funds are hereby authorized to be appropriated for
fiscal year 2001, to be available without fiscal year limita-
tion if so provided in appropriations Acts, for the use of
the Department of Transportation for the Maritime Ad-
ministration as follows:
1219
(1) For expenses necessary for operations and
training activities, $94,260,000.
(2) For expenses under the loan guarantee pro-
gram authorized by title XI of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1271 et seq.),
$54,179,000, of which—
(A) $50,000,000 is for the cost (as defined
in section 502(5) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a(5))) of loan guar-
antees under the program; and
(B) $4,179,000 is for administrative ex-
penses related to loan guarantee commitments
under the program.
SEC. 3502. SCRAPPING OF NATIONAL DEFENSE RESERVE
FLEET VESSELS.
(a) EXTENSION OF SCRAPPING AUTHORITY UNDER
NATIONAL MARITIME HERITAGE ACT OF 1994.—Section
6(c)(1) of the National Maritime Heritage Act of 1994
(16 U.S.C. 5405(c)(1)) is amended—
(1) in subparagraph (A) by striking ‘‘2001’’
and inserting ‘‘2006’’; and
(2) by striking subparagraph (B) and inserting
the following:
‘‘(B) in the manner that provides the best
value to the Government, except in any case in
1220
which obtaining the best value would require
towing a vessel and such towing poses a serious
threat to the environment; and’’.
(b) SELECTION
OF SCRAPPING FACILITIES.—The
Secretary of Transportation may scrap obsolete vessels
pursuant to section 6(c)(1) of the National Maritime Her-
itage Act of 1994 (16 U.S.C. 5405(c)(1)) through quali-
fied scrapping facilities, using the most expeditious scrap-
ping methodology and location practicable. Scrapping fa-
cilities shall be selected under that section on a best value
basis consistent with the Federal Acquisition Regulation,
as in effect on the date of the enactment of this Act, with-
out any predisposition toward foreign or domestic facilities
taking into consideration, among other things, the ability
of facilities to scrap vessels—
(1) at least cost to the Government;
(2) in a timely manner;
(3) giving consideration to worker safety and
the environment; and
(4) in a manner that minimizes the geographic
distance that a vessel must be towed when towing a
vessel poses a serious threat to the environment.
(c) LIMITATION
ON
SCRAPPING
BEFORE
PRO-
GRAM.—
1221
(1) IN GENERAL.—Until the report required by
subsection (d)(1) is transmitted to the congressional
committees referred to in that subsection, the Sec-
retary may not proceed with the scrapping of any
vessel in the National Defense Reserve Fleet except
the following:
(A) DONNER.
(B) EXPORT COMMERCE.
(C) BUILDER.
(D) ALBERT E. WATTS.
(E) WAYNE VICTORY.
(F) MORMACDAWN.
(G) MORMACMOON.
(H) SANTA ELENA.
(I) SANTA ISABEL.
(J) SANTA CRUZ.
(K) PROTECTOR.
(L) LAUDERDALE.
(N) PVT. FRED C. MURPHY.
(M) BEAUJOLAIS.
(O) MEACHAM.
(P) NEACO.
(Q) WABASH.
(R) NEMASKET.
(S) MIRFAK.
1222
(T) GEN. ALEX M. PATCH.
(U) ARTHUR M. HUDDELL.
(V) WASHINGTON.
(W) SUFFOLK COUNTY.
(X) CRANDALL.
(Y) CRILLEY.
(Z) RIGEL.
(AA) VEGA.
(BB) COMPASS ISLAND.
(CC) EXPORT CHALLENGER.
(DD) PRESERVER.
(EE) MARINE FIDDLER.
(FF) WOOD COUNTY.
(GG) CATAWBA VICTORY.
(HH) GEN. NELSON M. WALKER.
(II) LORAIN COUNTY.
(JJ) LYNCH.
(KK) MISSION SANTA YNEZ.
(LL) CALOOSAHATCHEE.
(MM) CANISTEO.
(2) PRIORITIZATION.—The Secretary shall exer-
cise discretion to prioritize for scrapping those ves-
sels identified in paragraph (1) that pose the most
immediate threat to the environment.
1223
(d) SCRAPPING PROGRAM FOR OBSOLETE NATIONAL
DEFENSE RESERVE FLEET VESSELS.—
(1) DEVELOPMENT
OF
PROGRAM; REPORT.—
The Secretary of Transportation, in consultation
with the Secretary of the Navy and the Adminis-
trator of the Environmental Protection Agency, shall
within 6 months after the date of the enactment of
this Act—
(A) develop a program for the scrapping of
obsolete National Defense Reserve Fleet vessels;
and
(B) submit a report on the program to the
Committee on Transportation and Infrastruc-
ture and the Committee on Resources of the
House of Representatives, the Committee on
Commerce, Science, and Transportation of the
Senate, and the Committees on Armed Services
of the House of Representatives and the Sen-
ate.
(2) CONTENTS OF REPORT.—The report shall
include information concerning the initial determina-
tion of scrapping capacity, both domestically and
abroad, appropriate proposed regulations to imple-
ment the program, funding and staffing require-
ments, milestone dates for the disposal of each obso-
1224
lete vessel, and longterm cost estimates for the pro-
gram.
(3) ALTERNATIVES.—In developing the pro-
gram, the Secretary of Transportation, in consulta-
tion with the Secretary of the Navy and the Admin-
istrator of the Environmental Protection Agency,
shall consider all alternatives and available informa-
tion, including—
(A) alternative scrapping sites;
(B) vessel donations;
(C) sinking of vessels in deep water;
(D) sinking vessels for development of arti-
ficial reefs;
(E) sales of vessels before they become ob-
solete;
(F) results from the Navy Ship Disposal
Program under section 8124 of the Department
of Defense Appropriations Act, 1999; and
(G) the Report of the Department of De-
fense’s Interagency Panel on Ship Scrapping
issued in April 1998.
(e) REPORT.—Not later than 1 year after the date
of the enactment of this Act, and every 6 months there-
after, the Secretary of Transportation, in coordination
with the Secretary of the Navy, shall report to the Com-
1225
mittee on Transportation and Infrastructure and the
Committee on Resources of the House of Representatives,
the Committee on Commerce, Science, and Transportation
of the Senate, and the Committees on Armed Services of
the House of Representatives and the Senate on the
progress of the vessel scrapping program developed under
subsection (d)(1) and on the progress of any other scrap-
ping of obsolete Government-owned vessels.
(f) PRESIDENTIAL RECOMMENDATION.—The Presi-
dent shall transmit with the report required by subsection
(d)(1) a recommendation on—
(1) whether it is necessary to amend the Toxic
Substances Control Act (15 U.S.C. 2601 et seq.) or
any other environmental statute or regulatory re-
quirements relevant to the disposal of vessels de-
scribed in section 6(c)(2) of the National Maritime
Heritage Act of 1994 (16 U.S.C. 5405(c)(2)) by
September 30, 2006; and
(2) any proposed changes to those requirements
to carry out such disposals.
SEC. 3503. AUTHORITY TO CONVEY NATIONAL DEFENSE RE-
SERVE FLEET VESSEL, GLACIER.
(a) AUTHORITY TO CONVEY.—The Secretary of
Transportation (in this section referred to as ‘‘the Sec-
retary’’) may, subject to subsection (b), convey all right,
1226
title, and interest of the United States Government in and
to the vessel in the National Defense Reserve Fleet that
was formerly the U.S.S. GLACIER (United States official
number AGB–4) to the Glacier Society, Inc., a corporation
established under the laws of the State of Connecticut that
is located in Bridgeport, Connecticut (in this section re-
ferred to as the ‘‘recipient’’).
(b) TERMS OF CONVEYANCE.—
(1) REQUIRED
CONDITIONS.—The Secretary
may not convey a vessel under this section unless
the recipient—
(A) agrees to use the vessel for the pur-
pose of a monument to the accomplishments of
members of the Armed Forces of the United
States, civilians, scientists, and diplomats in ex-
ploration of the Arctic and the Antarctic;
(B) agrees that the vessel will not be used
for commercial purposes;
(C) agrees to make the vessel available to
the Government if the Secretary requires use of
the vessel by the Government for war or na-
tional emergency;
(D) agrees to hold the Government harm-
less for any claims arising from exposure to as-
bestos, polychlorinated biphenyls, or lead paint
1227
after the conveyance of the vessel, except for
claims arising from use of the vessel by the
Government pursuant to the agreement under
subparagraph (C); and
(E) provides sufficient evidence to the Sec-
retary that it has available for use to restore
the vessel, in the form of cash, liquid assets, or
a written loan commitment, financial resources
of at least $100,000.
(2) DELIVERY
OF
VESSEL.—If the Secretary
conveys the vessel under this section, the Secretary
shall deliver the vessel—
(A) at the place where the vessel is located
on the date of conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States Gov-
ernment.
(3) ADDITIONAL TERMS.—The Secretary may
require such additional terms in connection with the
conveyance authorized by this section as the Sec-
retary considers appropriate.
(c) OTHER UNNEEDED EQUIPMENT.—If the Sec-
retary conveys the vessel under this section, the Secretary
may also convey to the recipient any unneeded equipment
from other vessels in the National Defense Reserve Fleet
1228
or Government storage facilities for use to restore the ves-
sel to museum quality or to its original configuration (or
both).
(d) RETENTION OF VESSEL IN NDRF.—The Sec-
retary shall retain in the National Defense Reserve Fleet
the vessel authorized to be conveyed under this section
until the earlier of—
(1) 2 years after the date of the enactment of
this Act; or
(2) the date of the conveyance of the vessel
under this section.
SEC. 3504. MARITIME INTERMODAL RESEARCH.
Section 8 of Public Law 101–115 (46 U.S.C. App.
1121–2) is amended by adding at the end thereof the fol-
lowing:
‘‘(f) 
UNIVERSITY
TRANSPORTATION
RESEARCH
FUNDS.—
‘‘(1) IN GENERAL.—The Secretary may make a
grant under section 5505 of title 49, United States
Code, to an institute designated under subsection (a)
for maritime and maritime intermodal research
under that section as if the institute were a univer-
sity transportation center.
‘‘(2) ADVICE AND CONSULTATION OF MARAD.—
In making a grant under the authority of paragraph
1229
(1), the Secretary, through the Research and Special
Programs Administration, shall advise the Maritime
Administration concerning the availability of funds
for the grants, and consult with the Administration
on the making of the grants.’’.
SEC. 3505. MARITIME RESEARCH AND TECHNOLOGY DE-
VELOPMENT.
(a) IN GENERAL.—The Secretary of Transportation
shall conduct a study of maritime research and technology
development, and report its findings and conclusions, to-
gether with any recommendations it finds appropriate, to
the Congress within 9 months after the date of enactment
of this Act.
(b) REQUIRED AREAS OF STUDY.—The Secretary
shall include the following items in the report required by
subsection (a):
(1) The approximate dollar values appropriated
by the Congress for each of the 5 fiscal years ending
before the study is commenced for each of the fol-
lowing modes of transportation:
(A) Highway.
(B) Rail.
(C) Aviation.
(D) Public transit.
(E) Maritime.
1230
(2) A description of how Federal funds appro-
priated for research in the different transportation
modes are utilized.
(3) A summary and description of current re-
search and technology development funds appro-
priated for each of those fiscal years for maritime
research initiatives, with separate categories for
funds provided to the Coast Guard for marine safety
research purposes.
(4) A description of cooperative mechanisms
that could be used to attract and leverage non-fed-
eral investments in United States maritime research
and technology development and application pro-
grams, including the potential for the creation of
maritime transportation research centers and the
benefits of cooperating with existing surface trans-
portation research centers.
(5) Proposals for research and technology devel-
opment funding to facilitate the evolution of Mari-
time Transportation System.
(c) AUTHORIZATION OF APPROPRIATIONS.—Of the
amounts authorized to be appropriated under section 3401
for operations and training, $100,000 is authorized to
carry out this section.
1231
SEC. 3506. REPORTING OF ADMINISTERED AND OVERSIGHT
FUNDS.
The Maritime Administration, in its annual report to
the Congress under section 208 of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1118), and in its annual budg-
et estimate submitted to the Congress, shall state sepa-
rately the amount, source, intended use, and nature of any
funds (other than funds appropriated to the Administra-
tion or to the Secretary of Transportation for use by the
Administration) administered, or subject to oversight, by
the Administration.
TITLE XXXVI—ENERGY EMPLOY-
EES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM
Sec. 3601. Short title.
Sec. 3602. Findings; sense of Congress.
Subtitle A—Establishment of Compensation Program and
Compensation Fund
Sec. 3611. Establishment of Energy Employees Occupational Illness Compensa-
tion Program.
Sec. 3612. Establishment of Energy Employees Occupational Illness Compensa-
tion Fund.
Sec. 3613. Legislative proposal.
Sec. 3614. Authorization of appropriations.
Subtitle B—Program Administration
Sec. 3621. Definitions for program administration.
Sec. 3622. Expansion of list of beryllium vendors.
Sec. 3623. Exposure in the performance of duty.
Sec. 3624. Advisory Board on Radiation and Worker Health.
Sec. 3625. Responsibilities of Secretary of Health and Human Services.
Sec. 3626. Designation of additional members of Special Exposure Cohort.
Sec. 3627. Separate treatment of chronic silicosis.
Sec. 3628. Compensation and benefits to be provided.
Sec. 3629. Medical benefits.
Sec. 3630. Separate treatment of certain uranium employees.
Sec. 3631. Assistance for claimants and potential claimants.
1232
Subtitle C—Treatment, Coordination, and Forfeiture of
Compensation and Benefits
Sec. 3641. Offset for certain payments.
Sec. 3642. Subrogation of the United States.
Sec. 3643. Payment in full settlement of claims.
Sec. 3644. Exclusivity of remedy against the United States and against con-
tractors and subcontractors.
Sec. 3645. Election of remedy for beryllium employees and atomic weapons em-
ployees.
Sec. 3646. Certification of treatment of payments under other laws.
Sec. 3647. Claims not assignable or transferable; choice of remedies.
Sec. 3648. Attorney fees.
Sec. 3649. Certain claims not affected by awards of damages.
Sec. 3650. Forfeiture of benefits by convicted felons.
Sec. 3651. Coordination with other Federal radiation compensation laws.
Subtitle D—Assistance in State Workers’ Compensation
Proceedings
Sec. 3661. Agreements with States.
SEC. 3601. SHORT TITLE.
This title may be cited as the ‘‘Energy Employees
Occupational Illness Compensation Program Act of
2000’’.
SEC. 3602. FINDINGS; SENSE OF CONGRESS.
(a) FINDINGS.—The Congress finds the following:
(1) Since World War II, Federal nuclear activi-
ties have been explicitly recognized under Federal
law as activities that are ultra-hazardous. Nuclear
weapons production and testing have involved unique
dangers, including potential catastrophic nuclear ac-
cidents that private insurance carriers have not cov-
ered and recurring exposures to radioactive sub-
stances and beryllium that, even in small amounts,
can cause medical harm.
1233
(2) Since the inception of the nuclear weapons
program and for several decades afterwards, a large
number of nuclear weapons workers at sites of the
Department of Energy and at sites of vendors who
supplied the Cold War effort were put at risk with-
out their knowledge and consent for reasons that,
documents reveal, were driven by fears of adverse
publicity, liability, and employee demands for haz-
ardous duty pay.
(3) Many previously secret records have docu-
mented unmonitored exposures to radiation and be-
ryllium and continuing problems at these sites
across the Nation, at which the Department of En-
ergy and its predecessor agencies have been, since
World War II, self-regulating with respect to nuclear
safety and occupational safety and health. No other
hazardous Federal activity has been permitted to be
carried out under such sweeping powers of self-regu-
lation.
(4) The policy of the Department of Energy has
been to litigate occupational illness claims, which has
deterred workers from filing workers’ compensation
claims and has imposed major financial burdens for
such employees who have sought compensation. Con-
tractors of the Department have been held harmless
1234
and the employees have been denied workers’ com-
pensation coverage for occupational disease.
(5) Over the past 20 years, more than two
dozen scientific findings have emerged that indicate
that certain of such employees are experiencing in-
creased risks of dying from cancer and non-malig-
nant diseases. Several of these studies have also es-
tablished a correlation between excess diseases and
exposure to radiation and beryllium.
(6) While linking exposure to occupational haz-
ards with the development of occupational disease is
sometimes difficult, scientific evidence supports the
conclusion that occupational exposure to dust par-
ticles or vapor of beryllium can cause beryllium sen-
sitivity and chronic beryllium disease. Furthermore,
studies indicate than 98 percent of radiation-induced
cancers within the nuclear weapons complex have oc-
curred at dose levels below existing maximum safe
thresholds.
(7) Existing information indicates that State
workers’ compensation programs do not provide a
uniform means of ensuring adequate compensation
for the types of occupational illnesses and diseases
that relate to the employees at those sites.
1235
(8) To ensure fairness and equity, the civilian
men and women who, over the past 50 years, have
performed duties uniquely related to the nuclear
weapons production and testing programs of the De-
partment of Energy and its predecessor agencies
should have efficient, uniform, and adequate com-
pensation for beryllium-related health conditions and
radiation-related health conditions.
(9) On April 12, 2000, the Secretary of Energy
announced that the Administration intended to seek
compensation for individuals with a broad range of
work-related illnesses throughout the Department of
Energy’s nuclear weapons complex.
(10) However, as of October 2, 2000, the Ad-
ministration has failed to provide Congress with the
necessary legislative and budget proposals to enact
the promised compensation program.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) a program should be established to provide
compensation to covered employees;
(2) a fund for payment of such compensation
should be established on the books of the Treasury;
(3) payments from that fund should be made
only after—
1236
(A) the identification of employees of the
Department of Energy (including its prede-
cessor agencies), and of contractors of the De-
partment, who may be members of the group of
covered employees;
(B) the establishment of a process to re-
ceive and administer claims for compensation
for disability or death of covered employees;
(C) the submittal by the President of a
legislative proposal for compensation of such
employees that includes the estimated annual
budget resources for that compensation; and
(D) consideration by the Congress of the
legislative proposal submitted by the President;
and
(4) payments from that fund should commence
not later than fiscal year 2002.
Subtitle A—Establishment of Com-
pensation Program and Com-
pensation Fund
SEC. 3611. ESTABLISHMENT OF ENERGY EMPLOYEES OCCU-
PATIONAL 
ILLNESS 
COMPENSATION 
PRO-
GRAM.
(a) PROGRAM ESTABLISHED.—There is hereby estab-
lished a program to be known as the ‘‘Energy Employees
1237
Occupational Illness Compensation Program’’ (in this title
referred to as the ‘‘compensation program’’). The Presi-
dent shall carry out the compensation program through
one or more Federal agencies or officials, as designated
by the President.
(b) PURPOSE OF PROGRAM.—The purpose of the
compensation program is to provide for timely, uniform,
and adequate compensation of covered employees and,
where applicable, survivors of such employees, suffering
from illnesses incurred by such employees in the perform-
ance of duty for the Department of Energy and certain
of its contractors and subcontractors.
(c) ELIGIBILITY
FOR COMPENSATION.—The eligi-
bility of covered employees for compensation under the
compensation program shall be determined in accordance
with the provisions of subtitle B as may be modified by
a law enacted after the date of the submittal of the pro-
posal for legislation required by section 3613.
SEC. 3612. ESTABLISHMENT OF ENERGY EMPLOYEES OCCU-
PATIONAL ILLNESS COMPENSATION FUND.
(a) ESTABLISHMENT.—There is hereby established
on the books of the Treasury a fund to be known as the
‘‘Energy Employees Occupational Illness Compensation
Fund’’ (in this title referred to as the ‘‘compensation
fund’’).
1238
(b) AMOUNTS IN COMPENSATION FUND.—The com-
pensation fund shall consist of the following amounts:
(1) Amounts appropriated to the compensation
fund pursuant to the authorization of appropriations
in section 3614(b).
(2) Amounts transferred to the compensation
fund under subsection (c).
(c) FINANCING
OF COMPENSATION FUND.—Upon
the exhaustion of amounts in the compensation fund at-
tributable to the authorization of appropriations in section
3614(b), the Secretary of the Treasury shall transfer di-
rectly to the compensation fund from the General Fund
of the Treasury, without further appropriation, such
amounts as are further necessary to carry out the com-
pensation program.
(d) USE OF COMPENSATION FUND.—Subject to sub-
section (e), amounts in the compensation fund shall be
used to carry out the compensation program.
(e) ADMINISTRATIVE COSTS NOT PAID FROM COM-
PENSATION FUND.—No cost incurred in carrying out the
compensation program, or in administering the compensa-
tion fund, shall be paid from the compensation fund or
set off against or otherwise deducted from any payment
to any individual under the compensation program.
1239
(f) INVESTMENT OF AMOUNTS IN COMPENSATION
FUND.—Amounts in the compensation fund shall be in-
vested in accordance with section 9702 of title 31, United
States Code, and any interest on, and proceeds from, any
such investment shall be credited to and become a part
of the compensation fund.
SEC. 3613. LEGISLATIVE PROPOSAL.
(a) LEGISLATIVE PROPOSAL REQUIRED.—Not later
than March 15, 2001, the President shall submit to Con-
gress a proposal for legislation to implement the com-
pensation program. The proposal for legislation shall in-
clude, at a minimum, the specific recommendations (in-
cluding draft legislation) of the President for the fol-
lowing:
(1) The types of compensation and benefits, in-
cluding lost wages, medical benefits, and any lump-
sum settlement payments, to be provided under the
compensation program.
(2) Any adjustments or modifications necessary
to appropriately administer the compensation pro-
gram under subtitle B.
(3) Whether to expand the compensation pro-
gram to include other illnesses associated with expo-
sure to toxic substances.
1240
(4) Whether to expand the class of individuals
who are members of the Special Exposure Cohort
(as defined in section 3621(14)).
(b) ASSESSMENT OF POTENTIAL COVERED EMPLOY-
EES AND REQUIRED AMOUNTS.—The President shall in-
clude with the proposal for legislation under subsection (a)
the following:
(1) An estimate of the number of covered em-
ployees that the President determines were exposed
in the performance of duty.
(2) An estimate, for each fiscal year of the com-
pensation program, of the amounts to be required
for compensation and benefits anticipated to be pro-
vided in such fiscal year under the compensation
program.
SEC. 3614. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Pursuant to the authorization of
appropriations in section 3103(a), $25,000,000 may be
used for purposes of carrying out this title.
(b) COMPENSATION FUND.—There is hereby author-
ized to be appropriated $250,000,000 to the Energy Em-
ployees Occupational Illness Compensation Fund estab-
lished by section 3612.
1241
Subtitle B—Program
Administration
SEC. 3621. DEFINITIONS FOR PROGRAM ADMINISTRATION.
In this title:
(1) The term ‘‘covered employee’’ means any of
the following:
(A) A covered beryllium employee.
(B) A covered employee with cancer.
(C) To the extent provided in section 3627,
a covered employee with chronic silicosis (as de-
fined in that section).
(2) The term ‘‘atomic weapon’’ has the meaning
given that term in section 11 d. of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2014(d)).
(3) The term ‘‘atomic weapons employee’’
means an individual employed by an atomic weapons
employer during a period when the employer was
processing or producing, for the use by the United
States, material that emitted radiation and was used
in the production of an atomic weapon, excluding
uranium mining and milling.
(4) The term ‘‘atomic weapons employer’’
means an entity, other than the United States,
that—
1242
(A) processed or produced, for use by the
United States, material that emitted radiation
and was used in the production of an atomic
weapon, excluding uranium mining and milling;
and
(B) is designated by the Secretary of En-
ergy as an atomic weapons employer for pur-
poses of the compensation program.
(5) The term ‘‘atomic weapons employer facil-
ity’’ means a facility, owned by an atomic weapons
employer, that is or was used to process or produce,
for use by the United States, material that emitted
radiation and was used in the production of an
atomic weapon, excluding uranium mining or mill-
ing.
(6) The term ‘‘beryllium vendor’’ means any of
the following:
(A) Atomics International.
(B) Brush Wellman, Incorporated, and its
predecessor, Brush Beryllium Company.
(C) General Atomics.
(D) General Electric Company.
(E) NGK Metals Corporation and its pred-
ecessors, Kawecki-Berylco, Cabot Corporation,
1243
BerylCo, and Beryllium Corporation of Amer-
ica.
(F) Nuclear Materials and Equipment Cor-
poration.
(G) StarMet Corporation and its prede-
cessor, Nuclear Metals, Incorporated.
(H) Wyman Gordan, Incorporated.
(I) Any other vendor, processor, or pro-
ducer of beryllium or related products des-
ignated as a beryllium vendor for purposes of
the compensation program under section 3622.
(7) The term ‘‘covered beryllium employee’’
means the following, if and only if the employee is
determined to have been exposed to beryllium in the
performance of duty in accordance with section
3623(a):
(A) A current or former employee (as that
term is defined in section 8101(1) of title 5,
United States Code) who may have been ex-
posed to beryllium at a Department of Energy
facility or at a facility owned, operated, or occu-
pied by a beryllium vendor.
(B) A current or former employee of—
(i) any entity that contracted with the
Department of Energy to provide manage-
1244
ment and operation, management and inte-
gration, or environmental remediation of a
Department of Energy facility; or
(ii) any contractor or subcontractor
that provided services, including construc-
tion and maintenance, at such a facility.
(C) A current or former employee of a be-
ryllium vendor, or of a contractor or subcon-
tractor of a beryllium vendor, during a period
when the vendor was engaged in activities re-
lated to the production or processing of beryl-
lium for sale to, or use by, the Department of
Energy.
(8) The term ‘‘covered beryllium illness’’ means
any of the following:
(A) Beryllium sensitivity as established by
an abnormal beryllium lymphocyte proliferation
test performed on either blood or lung lavage
cells.
(B) Established chronic beryllium disease.
(C) Any injury, illness, impairment, or dis-
ability sustained as a consequence of a covered
beryllium illness referred to in subparagraph
(A) or (B).
1245
(9) The term ‘‘covered employee with cancer’’
means any of the following:
(A) An individual with a specified cancer
who is a member of the Special Exposure Co-
hort, if and only if that individual contracted
that specified cancer after beginning employ-
ment at a Department of Energy facility (in the
case of a Department of Energy employee or
Department of Energy contractor employee) or
at an atomic weapons employer facility (in the
case of an atomic weapons employee).
(B)(i) An individual with cancer specified
in subclause (I), (II), or (III) of clause (ii), if
and only if that individual is determined to have
sustained that cancer in the performance of
duty in accordance with section 3623(b).
(ii) Clause (i) applies to any of the fol-
lowing:
(I) A Department of Energy employee
who contracted that cancer after beginning
employment at a Department of Energy
facility.
(II) A Department of Energy con-
tractor employee who contracted that can-
1246
cer after beginning employment at a De-
partment of Energy facility.
(III) An atomic weapons employee
who contracted that cancer after beginning
employment at an atomic weapons em-
ployer facility.
(10) The term ‘‘Department of Energy’’ in-
cludes the predecessor agencies of the Department
of Energy, including the Manhattan Engineering
District.
(11) The term ‘‘Department of Energy con-
tractor employee’’ means any of the following:
(A) An individual who is or was in resi-
dence at a Department of Energy facility as a
researcher for one or more periods aggregating
at least 24 months.
(B) An individual who is or was employed
at a Department of Energy facility by—
(i) an entity that contracted with the
Department of Energy to provide manage-
ment and operating, management and inte-
gration, or environmental remediation at
the facility; or
1247
(ii) a contractor or subcontractor that
provided services, including construction
and maintenance, at the facility.
(12) The term ‘‘Department of Energy facility’’
means any building, structure, or premise, including
the grounds upon which such building, structure, or
premise is located—
(A) in which operations are, or have been,
conducted by, or on behalf of, the Department
of Energy (except for buildings, structures,
premises, grounds, or operations covered by Ex-
ecutive Order No. 12344, dated February 1,
1982 (42 U.S.C. 7158 note), pertaining to the
Naval Nuclear Propulsion Program); and
(B) with regard to which the Department
of Energy has or had—
(i) a proprietary interest; or
(ii) entered into a contract with an
entity to provide management and oper-
ation, management and integration, envi-
ronmental remediation services, construc-
tion, or maintenance services.
(13) The term ‘‘established chronic beryllium
disease’’ means chronic beryllium disease as estab-
lished by the following:
1248
(A) For diagnoses on or after January 1,
1993, beryllium sensitivity (as established in ac-
cordance with paragraph (8)(A)), together with
lung pathology consistent with chronic beryl-
lium disease, including—
(i) a lung biopsy showing granulomas
or a lymphocytic process consistent with
chronic beryllium disease;
(ii) a computerized axial tomography
scan showing changes consistent with
chronic beryllium disease; or
(iii) pulmonary function or exercise
testing showing pulmonary deficits con-
sistent with chronic beryllium disease.
(B) For diagnoses before January 1, 1993,
the presence of—
(i) occupational or environmental his-
tory, or epidemiologic evidence of beryllium
exposure; and
(ii) any three of the following criteria:
(I) Characteristic chest radio-
graphic (or computed tomography
(CT)) abnormalities.
1249
(II) Restrictive or obstructive
lung physiology testing or diffusing
lung capacity defect.
(III) Lung pathology consistent
with chronic beryllium disease.
(IV) Clinical course consistent
with a chronic respiratory disorder.
(V) Immunologic tests showing
beryllium sensitivity (skin patch test
or beryllium blood test preferred).
(14) The term ‘‘member of the Special Expo-
sure Cohort’’ means a Department of Energy em-
ployee, Department of Energy contractor employee,
or atomic weapons employee who meets any of the
following requirements:
(A) The employee was so employed for a
number of work days aggregating at least 250
work days before February 1, 1992, at a gas-
eous diffusion plant located in Paducah, Ken-
tucky, Portsmouth, Ohio, or Oak Ridge, Ten-
nessee, and, during such employment—
(i) was monitored through the use of
dosimetry badges for exposure at the plant
of the external parts of employee’s body to
radiation; or
1250
(ii) worked in a job that had expo-
sures comparable to a job that is or was
monitored through the use of dosimetry
badges.
(B) The employee was so employed before
January 1, 1974, by the Department of Energy
or a Department of Energy contractor or sub-
contractor on Amchitka Island, Alaska, and was
exposed to ionizing radiation in the perform-
ance of duty related to the Long Shot, Milrow,
or Cannikin underground nuclear tests.
(C)(i) Subject to clause (ii), the employee
is an individual designated as a member of the
Special Exposure Cohort by the President for
purposes of the compensation program under
section 3626.
(ii) A designation under clause (i) shall,
unless Congress otherwise provides, take effect
on the date that is 180 days after the date on
which the President submits to Congress a re-
port identifying the individuals covered by the
designation and describing the criteria used in
designating those individuals.
(15) The term ‘‘occupational illness’’ means a
covered beryllium illness, cancer referred to in sec-
1251
tion 3621(9)(B), specified cancer, or chronic sili-
cosis, as the case may be.
(16) The term ‘‘radiation’’ means ionizing radi-
ation in the form of—
(A) alpha particles;
(B) beta particles;
(C) neutrons;
(D) gamma rays; or
(E) accelerated ions or subatomic particles
from accelerator machines.
(17) The term ‘‘specified cancer’’ means any of
the following:
(A) A specified disease, as that term is de-
fined in section 4(b)(2) of the Radiation Expo-
sure Compensation Act (42 U.S.C. 2210 note).
(B) Bone cancer.
(18) The term ‘‘survivor’’ means any individual
or individuals eligible to receive compensation pursu-
ant to section 8133 of title 5, United States Code.
SEC. 3622. EXPANSION OF LIST OF BERYLLIUM VENDORS.
Not later than December 31, 2002, the President
may, in consultation with the Secretary of Energy, des-
ignate as a beryllium vendor for purposes of section
3621(6) any vendor, processor, or producer of beryllium
or related products not previously listed under or des-
1252
ignated for purposes of such section 3621(6) if the Presi-
dent finds that such vendor, processor, or producer has
been engaged in activities related to the production or
processing of beryllium for sale to, or use by, the Depart-
ment of Energy in a manner similar to the entities listed
in such section 3621(6).
SEC. 3623. EXPOSURE IN THE PERFORMANCE OF DUTY.
(a) BERYLLIUM.—A covered beryllium employee
shall, in the absence of substantial evidence to the con-
trary, be determined to have been exposed to beryllium
in the performance of duty for the purposes of the com-
pensation program if, and only if, the covered beryllium
employee was—
(1) employed at a Department of Energy facil-
ity; or
(2) present at a Department of Energy facility,
or a facility owned and operated by a beryllium ven-
dor, because of employment by the United States, a
beryllium vendor, or a contractor or subcontractor of
the Department of Energy;
during a period when beryllium dust, particles, or vapor
may have been present at such facility.
(b) CANCER.—An individual with cancer specified in
subclause (I), (II), or (III) of section 3621(9)(B)(ii) shall
be determined to have sustained that cancer in the per-
1253
formance of duty for purposes of the compensation pro-
gram if, and only if, the cancer specified in that subclause
was at least as likely as not related to employment at the
facility specified in that subclause, as determined in ac-
cordance with the guidelines established under subsection
(c).
(c) GUIDELINES.—(1) For purposes of the compensa-
tion program, the President shall by regulation establish
guidelines for making the determinations required by sub-
section (b).
(2) The President shall establish such guidelines after
technical review by the Advisory Board on Radiation and
Worker Health under section 3624.
(3) Such guidelines shall—
(A) be based on the radiation dose received by
the employee (or a group of employees performing
similar work) at such facility and the upper 99 per-
cent confidence interval of the probability of causa-
tion in the radioepidemiological tables published
under section 7(b) of the Orphan Drug Act (42
U.S.C. 241 note), as such tables may be updated
under section 7(b)(3) of such Act from time to time;
(B) incorporate the methods established under
subsection (d); and
1254
(C) take into consideration the type of cancer,
past health-related activities (such as smoking), in-
formation on the risk of developing a radiation-re-
lated cancer from workplace exposure, and other rel-
evant factors.
(d) METHODS FOR RADIATION DOSE RECONSTRUC-
TIONS.—(1) The President shall, through any Federal
agency (other than the Department of Energy) or official
(other than the Secretary of Energy or any other official
within the Department of Energy) that the President may
designate, establish by regulation methods for arriving at
reasonable estimates of the radiation doses received by an
individual specified in subparagraph (B) of section
3621(9) at a facility specified in that subparagraph by
each of the following employees:
(A) An employee who was not monitored for ex-
posure to radiation at such facility.
(B) An employee who was monitored inad-
equately for exposure to radiation at such facility.
(C) An employee whose records of exposure to
radiation at such facility are missing or incomplete.
(2) The President shall establish an independent re-
view process using the Advisory Board on Radiation and
Worker Health to—
1255
(A) assess the methods established under para-
graph (1); and
(B) verify a reasonable sample of the doses es-
tablished under paragraph (1).
(e) INFORMATION ON RADIATION DOSES.—(1) The
Secretary of Energy shall provide, to each covered em-
ployee with cancer specified in section 3621(9)(B), infor-
mation specifying the estimated radiation dose of that em-
ployee during each employment specified in section
3621(9)(B), whether established by a dosimetry reading,
by a method established under subsection (d), or by both
a dosimetry reading and such method.
(2) The Secretary of Health and Human Services and
the Secretary of Energy shall each make available to re-
searchers and the general public information on the as-
sumptions, methodology, and data used in establishing ra-
diation doses under subsection (d). The actions taken
under this paragraph shall be consistent with the protec-
tion of private medical records.
SEC. 3624. ADVISORY BOARD ON RADIATION AND WORKER
HEALTH.
(a) ESTABLISHMENT.—(1) Not later than 120 days
after the date of the enactment of this Act, the President
shall establish and appoint an Advisory Board on Radi-
1256
ation and Worker Health (in this section referred to as
the ‘‘Board’’).
(2) The President shall make appointments to the
Board in consultation with organizations with expertise on
worker health issues in order to ensure that the member-
ship of the Board reflects a balance of scientific, medical,
and worker perspectives.
(3) The President shall designate a Chair for the
Board from among its members.
(b) DUTIES.—The Board shall advise the President
on—
(1) the development of guidelines under section
3623(c);
(2) the scientific validity and quality of dose es-
timation and reconstruction efforts being performed
for purposes of the compensation program; and
(3) such other matters related to radiation and
worker health in Department of Energy facilities as
the President considers appropriate.
(c) STAFF.—(1) The President shall appoint a staff
to facilitate the work of the Board. The staff shall be
headed by a Director who shall be appointed under sub-
chapter VIII of chapter 33 of title 5, United States Code.
(2) The President may accept as staff of the Board
personnel on detail from other Federal agencies. The de-
1257
tail of personnel under this paragraph may be on a non-
reimbursable basis.
(d) EXPENSES.—Members of the Board, other than
full-time employees of the United States, while attending
meetings of the Board or while otherwise serving at the
request of the President, while serving away from their
homes or regular places of business, shall be allowed travel
and meal expenses, including per diem in lieu of subsist-
ence, as authorized by section 5703 of title 5, United
States Code, for individuals in the Government serving
without pay.
SEC. 3625. RESPONSIBILITIES OF SECRETARY OF HEALTH
AND HUMAN SERVICES.
The Secretary of Health and Human Services shall
carry out that Secretary’s responsibilities with respect to
the compensation program with the assistance of the Di-
rector of the National Institute for Occupational Safety
and Health.
SEC. 3626. DESIGNATION OF ADDITIONAL MEMBERS OF
SPECIAL EXPOSURE COHORT.
(a) ADVICE ON ADDITIONAL MEMBERS.—(1) The
Advisory Board on Radiation and Worker Health under
section 3624 shall advise the President whether there is
a class of employees at any Department of Energy facility
who likely were exposed to radiation at that facility but
1258
for whom it is not feasible to estimate with sufficient accu-
racy the radiation dose they received.
(2) The advice of the Advisory Board on Radiation
and Worker Health under paragraph (1) shall be based
on exposure assessments by radiation health professionals,
information provided by the Department of Energy, and
such other information as the Advisory Board considers
appropriate.
(3) The President shall request advice under para-
graph (1) after consideration of petitions by classes of em-
ployees described in that paragraph for such advice. The
President shall consider such petitions pursuant to proce-
dures established by the President.
(b) DESIGNATION OF ADDITIONAL MEMBERS.—Sub-
ject to the provisions of section 3621(14)(C), the members
of a class of employees at a Department of Energy facility
may be treated as members of the Special Exposure Co-
hort for purposes of the compensation program if the
President, upon recommendation of the Advisory Board
on Radiation and Worker Health, determines that—
(1) it is not feasible to estimate with sufficient
accuracy the radiation dose that the class received;
and
1259
(2) there is a reasonable likelihood that such
radiation dose may have endangered the health of
members of the class.
(c) ACCESS TO INFORMATION.—The Secretary of En-
ergy shall provide, in accordance with law, the Secretary
of Health and Human Services and the members and staff
of the Advisory Board on Radiation and Worker Health
access to relevant information on worker exposures, in-
cluding access to Restricted Data (as defined in section
11 y. of the Atomic Energy Act of 1954 (42 U.S.C.
2014(y)).
SEC. 3627. SEPARATE TREATMENT OF CHRONIC SILICOSIS.
(a) SENSE OF CONGRESS.—The Congress finds that
employees who worked in Department of Energy test sites
and later contracted chronic silicosis should also be consid-
ered for inclusion in the compensation program. Recog-
nizing that chronic silicosis resulting from exposure to sili-
ca is not a condition unique to the nuclear weapons indus-
try, it is not the intent of Congress with this title to estab-
lish a precedent on the question of chronic silicosis as a
compensable occupational disease. Consequently, it is the
sense of Congress that a further determination by the
President is appropriate before these workers are included
in the compensation program.
1260
(b) CERTIFICATION BY PRESIDENT.—A covered em-
ployee with chronic silicosis shall be treated as a covered
employee (as defined in section 3621(1)) for the purposes
of the compensation program required by section 3611 un-
less the President submits to Congress not later than 180
days after the date of the enactment of this Act the certifi-
cation of the President that there is insufficient basis to
include such employees. The President shall submit with
the certification any recommendations about the com-
pensation program with respect to covered employees with
chronic silicosis as the President considers appropriate.
(c) EXPOSURE TO SILICA IN THE PERFORMANCE OF
DUTY.—A covered employee shall, in the absence of sub-
stantial evidence to the contrary, be determined to have
been exposed to silica in the performance of duty for the
purposes of the compensation program if, and only if, the
employee was present for a number of work days aggre-
gating at least 250 work days during the mining of tun-
nels at a Department of Energy facility located in Nevada
or Alaska for tests or experiments related to an atomic
weapon.
(d) COVERED
EMPLOYEE
WITH
CHRONIC
SILI-
COSIS.—For purposes of this title, the term ‘‘covered em-
ployee with chronic silicosis’’ means a Department of En-
ergy employee, or a Department of Energy contractor em-
1261
ployee, with chronic silicosis who was exposed to silica in
the performance of duty as determined under subsection
(c).
(e) CHRONIC SILICOSIS.—For purposes of this title,
the term ‘‘chronic silicosis’’ means a non-malignant lung
disease if—
(1) the initial occupational exposure to silica
dust preceded the onset of silicosis by at least 10
years; and
(2) a written diagnosis of silicosis is made by
a medical doctor and is accompanied by—
(A) a chest radiograph, interpreted by an
individual certified by the National Institute for
Occupational Safety and Health as a B reader,
classifying the existence of pneumoconioses of
category 1/1 or higher;
(B) results from a computer assisted
tomograph or other imaging technique that are
consistent with silicosis; or
(C) lung biopsy findings consistent with
silicosis.
SEC. 3628. COMPENSATION AND BENEFITS TO BE PRO-
VIDED.
(a) COMPENSATION PROVIDED.—(1) Except as pro-
vided in paragraph (2), a covered employee, or the sur-
1262
vivor of that covered employee if the employee is deceased,
shall receive compensation for the disability or death of
that employee from that employee’s occupational illness in
the amount of $150,000.
(2) A covered employee shall, to the extent that em-
ployee’s occupational illness is established beryllium sensi-
tivity, receive beryllium sensitivity monitoring under sub-
section (c) in lieu of compensation under paragraph (1).
(b) MEDICAL BENEFITS.—A covered employee shall
receive medical benefits under section 3629 for that em-
ployee’s occupational illness.
(c) BERYLLIUM SENSITIVITY MONITORING.—An in-
dividual receiving beryllium sensitivity monitoring under
this subsection shall receive the following:
(1) A thorough medical examination to confirm
the nature and extent of the individual’s established
beryllium sensitivity.
(2) Regular medical examinations thereafter to
determine whether that individual has developed es-
tablished chronic beryllium disease.
(d) PAYMENT
FROM COMPENSATION FUND.—The
compensation provided under this section, when author-
ized or approved by the President, shall be paid from the
compensation fund established under section 3612.
1263
(e) SURVIVORS.—(1) Subject to the provisions of this
section, if a covered employee dies before the effective date
specified in subsection (f), whether or not the death is a
result of that employee’s occupational illness, a survivor
of that employee may, on behalf of that survivor and any
other survivors of that employee, receive the compensation
provided for under this section.
(2) The right to receive compensation under this sec-
tion shall be afforded to survivors in the same order of
precedence as that set forth in section 8109 of title 5,
United States Code.
(f) EFFECTIVE DATE.—This section shall take effect
on July 31, 2001, unless Congress otherwise provides in
an Act enacted before that date.
SEC. 3629. MEDICAL BENEFITS.
(a) MEDICAL BENEFITS PROVIDED.—The United
States shall furnish, to an individual receiving medical
benefits under this section for an illness, the services, ap-
pliances, and supplies prescribed or recommended by a
qualified physician for that illness, which the President
considers likely to cure, give relief, or reduce the degree
or the period of that illness.
(b) PERSONS FURNISHING BENEFITS.—(1) These
services, appliances, and supplies shall be furnished by or
on the order of United States medical officers and hos-
1264
pitals, or, at the individual’s option, by or on the order
of physicians and hospitals designated or approved by the
President.
(2) The individual may initially select a physician to
provide medical services, appliances, and supplies under
this section in accordance with such regulations and in-
structions as the President considers necessary.
(c) TRANSPORTATION
AND EXPENSES.—The indi-
vidual may be furnished necessary and reasonable trans-
portation and expenses incident to the securing of such
services, appliances, and supplies.
(d) COMMENCEMENT OF BENEFITS.—An individual
receiving benefits under this section shall be furnished
those benefits as of the date on which that individual sub-
mitted the claim for those benefits in accordance with this
title.
(e) PAYMENT
FROM COMPENSATION FUND.—The
benefits provided under this section, when authorized or
approved by the President, shall be paid from the com-
pensation fund established under section 3612.
(f) EFFECTIVE DATE.—This section shall take effect
on July 31, 2001, unless Congress otherwise provides in
an Act enacted before that date.
1265
SEC. 3630. SEPARATE TREATMENT OF CERTAIN URANIUM
EMPLOYEES.
(a) COMPENSATION PROVIDED.—An individual 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 (hereinafter in this
section referred to as a ‘‘covered uranium employee’’), or
the survivor of that covered uranium employee if the em-
ployee is deceased, shall receive compensation under this
section in the amount of $50,000.
(b) MEDICAL BENEFITS.—A covered uranium em-
ployee shall receive medical benefits under section 3629
for the illness for which that employee received $100,000
under section 5 of that Act.
(c) COORDINATION WITH RECA.—The compensation
and benefits provided in subsections (a) and (b) are sepa-
rate from any compensation or benefits provided under
that Act.
(d) PAYMENT
FROM COMPENSATION FUND.—The
compensation provided under this section, when author-
ized or approved by the President, shall be paid from the
compensation fund established under section 3612.
(e) SURVIVORS.—(1) Subject to the provisions of this
section, if a covered uranium employee dies before the ef-
fective date specified in subsection (g), whether or not the
death is a result of the illness specified in subsection (b),
1266
a survivor of that employee may, on behalf of that survivor
and any other survivors of that employee, receive the com-
pensation provided for under this section.
(2) The right to receive compensation under this sec-
tion shall be afforded to survivors in the same order of
precedence as that set forth in section 8109 of title 5,
United States Code.
(f) PROCEDURES REQUIRED.—The President shall
establish procedures to identify and notify each covered
uranium employee, or the survivor of that covered ura-
nium employee if that employee is deceased, of the avail-
ability of compensation and benefits under this section.
(g) EFFECTIVE DATE.—This section shall take effect
on July 31, 2001, unless Congress otherwise provides in
an Act enacted before that date.
SEC. 3631. ASSISTANCE FOR CLAIMANTS AND POTENTIAL
CLAIMANTS.
(a) ASSISTANCE
FOR CLAIMANTS.—The President
shall, upon the receipt of a request for assistance from
a claimant under the compensation program, provide as-
sistance to the claimant in connection with the claim,
including—
(1) assistance in securing medical testing and
diagnostic services necessary to establish the exist-
1267
ence of a covered beryllium illness, chronic silicosis,
or cancer; and
(2) such other assistance as may be required to
develop facts pertinent to the claim.
(b) ASSISTANCE FOR POTENTIAL CLAIMANTS.—The
President shall take appropriate actions to inform and as-
sist covered employees who are potential claimants under
the compensation program, and other potential claimants
under the compensation program, of the availability of
compensation under the compensation program, including
actions to—
(1) ensure the ready availability, in paper and
electronic format, of forms necessary for making
claims;
(2) provide such covered employees and other
potential claimants with information and other sup-
port necessary for making claims, including—
(A) medical protocols for medical testing
and diagnosis to establish the existence of a
covered beryllium illness, chronic silicosis, or
cancer; and
(B) lists of vendors approved for providing
laboratory services related to such medical test-
ing and diagnosis; and
1268
(3) provide such additional assistance to such
covered employees and other potential claimants as
may be required for the development of facts perti-
nent to a claim.
(c) INFORMATION FROM BERYLLIUM VENDORS AND
OTHER CONTRACTORS.—As part of the assistance pro-
gram provided under subsections (a) and (b), and as per-
mitted by law, the Secretary of Energy shall, upon the
request of the President, require a beryllium vendor or
other Department of Energy contractor or subcontractor
to provide information relevant to a claim or potential
claim under the compensation program to the President.
Subtitle C—Treatment, Coordina-
tion, and Forfeiture of Com-
pensation and Benefits
SEC. 3641. OFFSET FOR CERTAIN PAYMENTS.
A payment of compensation to an individual, or to
a survivor of that individual, under subtitle B shall be off-
set by the amount of any payment made pursuant to a
final award or settlement on a claim (other than a claim
for worker’s compensation), against any person, that is
based on injuries incurred by that individual on account
of the exposure of a covered beryllium employee, covered
employee with cancer, covered employee with chronic sili-
cosis (as defined in section 3627), or covered uranium em-
1269
ployee (as defined in section 3630), while so employed, to
beryllium, radiation, silica, or radiation, respectively.
SEC. 3642. SUBROGATION OF THE UNITED STATES.
Upon payment of compensation under subtitle B, the
United States is subrogated for the amount of the pay-
ment to a right or claim that the individual to whom the
payment was made may have against any person on ac-
count of injuries referred to in section 3641.
SEC. 3643. PAYMENT IN FULL SETTLEMENT OF CLAIMS.
The acceptance by an individual of payment of com-
pensation under subtitle B with respect to a covered em-
ployee shall be in full satisfaction of all claims of or on
behalf of that individual against the United States,
against a Department of Energy contractor or subcon-
tractor, beryllium vendor, or atomic weapons employer, or
against any person with respect to that person’s perform-
ance of a contract with the United States, that arise out
of an exposure referred to in section 3641.
SEC. 3644. EXCLUSIVITY OF REMEDY AGAINST THE UNITED
STATES AND AGAINST CONTRACTORS AND
SUBCONTRACTORS.
(a) IN GENERAL.—The liability of the United States
or an instrumentality of the United States under this title
with respect to a cancer (including a specified cancer),
chronic silicosis, covered beryllium illness, or death related
1270
thereto of a covered employee is exclusive and instead of
all other liability—
(1) of—
(A) the United States;
(B) any instrumentality of the United
States;
(C) a contractor that contracted with the
Department of Energy to provide management
and operation, management and integration, or
environmental remediation of a Department of
Energy facility (in its capacity as a contractor);
(D) a subcontractor that provided services,
including construction, at a Department of En-
ergy facility (in its capacity as a subcontractor);
and
(E) an employee, agent, or assign of an en-
tity specified in subparagraphs (A) through
(D);
(2) to—
(A) the covered employee;
(B) the covered employee’s legal represent-
ative, spouse, dependents, survivors and next of
kin; and
(C) any other person, including any third
party as to whom the covered employee, or the
1271
covered employee’s legal representative, spouse,
dependents, survivors, or next of kin, has a
cause of action relating to the cancer (including
a specified cancer), chronic silicosis, covered be-
ryllium illness, or death, otherwise entitled to
recover damages from the United States, the
instrumentality, the contractor, the subcon-
tractor, or the employee, agent, or assign of one
of them;
because of the cancer (including a specified cancer), chron-
ic silicosis, covered beryllium illness, or death in any pro-
ceeding or action including a direct judicial proceeding,
a civil action, a proceeding in admiralty, or a proceeding
under a tort liability statute or the common law.
(b) APPLICABILITY.—This section applies to all cases
filed on or after the date of the enactment of this Act.
(c) WORKERS’ COMPENSATION.—This section does
not apply to an administrative or judicial proceeding under
a State or Federal workers’ compensation law.
SEC. 3645. ELECTION OF REMEDY FOR BERYLLIUM EM-
PLOYEES AND ATOMIC WEAPONS EMPLOY-
EES.
(a) ELECTION TO FILE SUIT.—If a tort case is filed
after the date of the enactment of this Act, alleging a
claim referred to in section 3643 against a beryllium ven-
1272
dor or atomic weapons employer, the plaintiff shall not
be eligible for compensation or benefits under subtitle B
unless the plaintiff files such case within the applicable
time limits in subsection (b).
(b) APPLICABLE TIME LIMITS.—A case described in
subsection (a) shall be filed not later than the later of—
(1) the date that is 30 months after the date
of the enactment of this Act; or
(2) the date that is 30 months after the date
the plaintiff first becomes aware that an illness cov-
ered by subtitle B of a covered employee may be
connected to the exposure of the covered employee in
the performance of duty.
(c) DISMISSAL
OF CLAIMS.—Unless a case filed
under subsection (a) is dismissed prior to the time limits
in subsection (b), the plaintiff shall not be eligible for com-
pensation under subtitle B.
(d) DISMISSAL OF PENDING SUIT.—If a tort case
was filed on or before the date of the enactment of this
Act, alleging a claim referred to in section 3643 against
a beryllium vendor or atomic weapons employer, the plain-
tiff shall not be eligible for compensation or benefits under
subtitle B unless the plaintiff dismisses such case not later
than December 31, 2003.
1273
(e) WORKERS’ COMPENSATION.—This section does
not apply to an administrative or judicial proceeding under
a State or Federal workers’ compensation law.
SEC. 3646. CERTIFICATION OF TREATMENT OF PAYMENTS
UNDER OTHER LAWS.
Compensation or benefits provided to an individual
under subtitle B—
(1) shall be treated for purposes of the internal
revenue laws of the United States as damages for
human suffering; and
(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 such benefits.
SEC. 3647. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE;
CHOICE OF REMEDIES.
(a) CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.—
No claim cognizable under subtitle B shall be assignable
or transferable.
(b) CHOICE OF REMEDIES.—No individual may re-
ceive more than one payment of compensation under sub-
title B.
SEC. 3648. ATTORNEY FEES.
(a) GENERAL RULE.—Notwithstanding any contract,
the representative of an individual may not receive, for
1274
services rendered in connection with the claim of an indi-
vidual under subtitle B, more than that percentage speci-
fied in subsection (b) of a payment made under subtitle
B on such claim.
(b) APPLICABLE PERCENTAGE LIMITATIONS.—The
percentage referred to in subsection (a) is—
(1) 2 percent for the filing of an initial claim;
and
(2) 10 percent with respect to any claim with
respect to which a representative has made a con-
tract for services before the date of the enactment
of this Act.
(c) PENALTY.—Any such representative who violates
this section shall be fined not more than $5,000.
SEC. 3649. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF
DAMAGES.
A payment under subtitle B shall not be considered
as any form of compensation or reimbursement for a loss
for purposes of imposing liability on any individual receiv-
ing such payment, on the basis of such receipt, to repay
any insurance carrier for insurance payments, or to repay
any person on account of worker’s compensation pay-
ments; and a payment under subtitle B shall not affect
any claim against an insurance carrier with respect to in-
1275
surance or against any person with respect to worker’s
compensation.
SEC. 3650. 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 subtitle B 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 subtitle B such individual
would otherwise be awarded for any injury, illness or death
covered by subtitle B 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 Presi-
dent, upon written request from the President and if the
President requires the information to carry out this sec-
tion, 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.
1276
SEC. 3651. COORDINATION WITH OTHER FEDERAL RADI-
ATION COMPENSATION LAWS.
Except in accordance with section 3630, an individual
may not receive compensation or benefits under the com-
pensation program for cancer and also receive compensa-
tion under the Radiation Exposure Compensation Act (42
U.S.C. 2210 note) or section 1112(c) of title 38, United
States Code.
Subtitle 
D—Assistance 
in 
State
Workers’ 
Compensation 
Pro-
ceedings
SEC. 3661. AGREEMENTS WITH STATES.
(a) AGREEMENTS AUTHORIZED.—The Secretary of
Energy (hereinafter in this section referred to as the ‘‘Sec-
retary’’) may enter into agreements with the chief execu-
tive officer of a State to provide assistance to a Depart-
ment of Energy contractor employee in filing a claim
under the appropriate State workers’ compensation sys-
tem.
(b) PROCEDURE.—Pursuant to agreements under
subsection (a), the Secretary may—
(1) establish procedures under which an indi-
vidual may submit an application for review and as-
sistance under this section; and
1278
panel, and the area of jurisdiction of each panel. The Sec-
retary may determine to have only one panel.
(2)(A) The Secretary of Health and Human Services
shall appoint panel members with experience and com-
petency in diagnosing occupational illnesses under section
3109 of title 5, United States Code.
(B) Each member of a panel shall be paid at the rate
of pay payable for level III of the Executive Schedule for
each day (including travel time) the member is engaged
in the work of a panel.
(3) A panel shall review an application submitted to
it by the Secretary and determine, under guidelines estab-
lished by the Secretary, by regulation, whether the illness
or death that is the subject of the application arose out
of and in the course of employment by the Department
of Energy and exposure to a toxic substance at a Depart-
ment of Energy facility.
(4) At the request of a panel, the Secretary and a
contractor who employed a Department of Energy con-
tractor employee shall provide additional information rel-
evant to the panel’s deliberations. A panel may consult
specialists in relevant fields as it determines necessary.
(5) Once a panel has made a determination under
paragraph (3), it shall report to the Secretary its deter-
mination and the basis for the determination.
1279
(6) A panel established under this subsection shall
not be subject to the Federal Advisory Committee Act (5
U.S.C. App.).
(e) ASSISTANCE.—If provided in an agreement under
subsection (a)—
(1) the Secretary shall review a panel’s deter-
mination made under subsection (d), information the
panel considered in reaching its determination, any
relevant new information not reasonably available at
the time of the panel’s deliberations, and the basis
for the panel’s determination;
(2) as a result of the review under paragraph
(1), the Secretary shall accept the panel’s deter-
mination in the absence of significant evidence to
the contrary; and
(3) if the panel has made a positive determina-
tion under subsection (d) and the Secretary accepts
the determination under paragraph (2), or the panel
has made a negative determination under subsection
(d) and the Secretary finds significant evidence to
the contrary—
(A) the Secretary shall assist the applicant
to file a claim under the appropriate State
workers’ compensation system based on the
1280
health condition that was the subject of the de-
termination;
(B) the Secretary thereafter—
(i) may not contest such claim;
(ii) may not contest an award made
regarding such claim; and
(iii) may, to the extent permitted by
law, direct the Department of Energy con-
tractor who employed the applicant not to
contest such claim or such award,
unless the Secretary finds significant new evi-
dence to justify such contest; and
(C) any costs of contesting a claim or an
award regarding the claim incurred by the con-
tractor who employed the Department of En-
ergy contractor employee who is the subject of
the claim shall not be an allowable cost under
a Department of Energy contract.
(f) INFORMATION.—At the request of the Secretary,
a contractor who employed a Department of Energy con-
tractor employee shall make available to the Secretary and
the employee information relevant to deliberations under
this section.
(g) GAO REPORT.—Not later than February 1,
2002, the Comptroller General shall submit to Congress
1281
a report on the implementation by the Department of En-
ergy of the provisions of this section and of the effective-
ness of the program under this section in assisting Depart-
ment of Energy contractor employees in obtaining com-
pensation for occupational illness.
Æ