[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4263 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4263

 To establish a compensation and health care program for employees and 
   survivors at the Department of Energy facility in Los Alamos, New 
 Mexico who have sustained beryllium, radiation-related, asbestos, and 
 hazardous substances injury, illness, or death due to the performance 
                of their duties, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 2000

    Mr. Udall of New Mexico (for himself and Mr. Udall of Colorado) 
 introduced the following bill; which was referred to the Committee on 
 the Judiciary, and in addition to the Committees on Education and the 
    Workforce, and Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To establish a compensation and health care program for employees and 
   survivors at the Department of Energy facility in Los Alamos, New 
 Mexico who have sustained beryllium, radiation-related, asbestos, and 
 hazardous substances injury, illness, or death due to the performance 
                of their duties, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Atomic Workers' 
Compensation Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
           TITLE I--ENERGY EMPLOYEES' BERYLLIUM COMPENSATION

Sec. 101. Definitions.
Sec. 102. Regulatory authority to revise definitions.
Sec. 103. Administration.
Sec. 104. Exposure to beryllium in the performance of duty.
Sec. 105. Compensation for disability or death, medical services, and 
                            vocational rehabilitation.
Sec. 106. Computation of pay.
Sec. 107. Limitations on receiving compensation.
Sec. 108. Coordination of benefits.
Sec. 109. Alternative compensation.
Sec. 110. Payment in full settlement of claims against the United 
                            States and the employee's employer.
Sec. 111. Filing of claim.
Sec. 112. Time limitation on filing a claim.
Sec. 113. Determination and award of claims.
Sec. 114. Review of award.
Sec. 115. Appeal.
Sec. 116. Reconsideration of denial of claim.
Sec. 117. Resolution of issues in the award or denial of compensation; 
                            costs of administration.
Sec. 118. Representation; fees for services.
Sec. 119. Status of award; certain claims not affected.
Sec. 120. Assignment of claim.
Sec. 121. Subrogation of the United States.
Sec. 122. Energy employees' beryllium compensation fund.
Sec. 123. Forfeiture of benefits by convicted felons.
Sec. 124. Civil service retention rights.
Sec. 125. Annual report.
Sec. 126. Authorization of appropriations.
Sec. 127. Regulations.
Sec. 128. Construction.
Sec. 129. Conforming amendments.
Sec. 130. Effective date.
           TITLE II--NUCLEAR EMPLOYEES RADIATION COMPENSATION

Sec. 201. Definitions.
Sec. 202. Administration.
Sec. 203. Occupational exposure to radiation and other hazardous 
                            substances.
Sec. 204. Compensation for disability or death, medical services, and 
                            vocational rehabilitation.
Sec. 205. Computation of pay.
Sec. 206. Limitations on receiving compensation.
Sec. 207. Coordination of benefits.
Sec. 208. Right to alternative compensation.
Sec. 209. Payment in full settlement of claims against the United 
                            States and the employee's employer.
Sec. 210. Filing of claim.
Sec. 211. Time limitation on filing a claim.
Sec. 212. Determination and award of claims.
Sec. 213. Review of award.
Sec. 214. Appeal.
Sec. 215. Reconsideration of denial of claim.
Sec. 217. Representation; fees for services.
Sec. 218. Status of award; certain claims not affected.
Sec. 219. Assignment of claim.
Sec. 220. Subrogation of the United States.
Sec. 221. Nuclear employees' radiation compensation fund.
Sec. 222. Forfeiture of benefits by convicted felons.
Sec. 223. Civil service retention rights.
Sec. 224. Annual report.
Sec. 225. Authorization of appropriations.
Sec. 226. Regulations; regulatory authority.
Sec. 227. Construction.
Sec. 228. Conforming amendments.
Sec. 229. Effective date.
                    TITLE III--ASBESTOS COMPENSATION

                Subtitle A--Establishment and Procedure

Sec. 301. Establishment of the Office of Asbestos Compensation.
Sec. 302. Medical eligibility review.
Sec. 303. Election of administrative process; settlement offers.
Sec. 304. Claimant's choice of forum.
Sec. 305. Administrative adjudication.
Sec. 306. Appeals; judicial review.
Sec. 307. Gathering and maintenance of information.
Sec. 308. Legal assistance program.
Sec. 309. Time limits for dispositions.
          Subtitle B--Law Applicable to Asbestos Adjudications

Sec. 310. Medical eligibility.
Sec. 311. Damages.
Sec. 312. Statute of limitations or repose.
Sec. 313. Come back rights.
Sec. 314. Class actions, aggregations of claims and venue.
Sec. 315. Joint and several liability.
Sec. 316. Core claims.
Sec. 317. Special rules applicable to section 305 adjudications.
Sec. 318. Special rules applicable to the trustee.
                Subtitle C--Eligible Medical Categories

Sec. 320. Eligible medical categories.
Sec. 321. Asbestos-related nonmalignant conditions with impairment.
Sec. 322. Asbestos-related mesothelioma.
Sec. 323. Asbestos-related lung cancer.
Sec. 324. Asbestos-related other cancer.
Sec. 325. Medical testing reimbursement.
                          Subtitle D--Funding

Sec. 330. Assessment and enforcement.
Sec. 331. Fiscal and financial management of the asbestos compensation 
                            fund.
Sec. 332. Authorization for appropriations and offsetting collections.
                         Subtitle E--Transition

Sec. 335. Applicability; transitional civil actions.
                        Subtitle F--Definitions

Sec. 340. Definitions.
                  Subtitle G--Miscellaneous Provisions

Sec. 345. Relationship to other laws.
Sec. 346. Annual reports.
Sec. 347. Enforcement.
Sec. 348. Qualifying national settlement plan.
Sec. 349. Severability.
Sec. 350. Settlements.
    TITLE IV--EMPLOYEES EXPOSED TO TOXIC SUBSTANCES AND HEAVY METALS

Sec.  401. Eligibility of employees exposed to other toxic substances 
                            and heavy metals.
Sec. 402. Establishment of a physicians panel by the Secretary of 
                            Health and Human Services.
Sec. 403. Eligibility determination.
Sec. 404. Establishment of occupational disease presumptions.
Sec. 405. Panel shall report determination to Secretary of Labor.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) Since World War II Federal nuclear activities have been 
        explicitly recognized by the United States Government as an a 
        ultra-hazardous activity under Federal law. Nuclear weapons 
        production involved unique dangers, including potential 
        catastrophic nuclear accidents that private insurance carriers 
would not cover, as well as chronic exposures to radioactive and 
hazardous substances, such as beryllium, that even in small amounts 
could cause medical harm.
            (2) Since the inception of the nuclear weapons program and 
        for several decades afterwards, large numbers of nuclear 
        weapons workers at Department of Energy sites and at vendors 
        who supplied the Cold War effort were put at risk without their 
        knowledge and consent for reasons that, documents reveal, were 
        driven by fears of adverse publicity, liability, and employee 
        demands for hazardous duty pay.
            (3) Numerous previous secret records documented unmonitored 
        radiation, beryllium, heavy metals, and toxic substances' 
        exposures and continuing problems at the Department of Energy 
        and vendor sites across the country, where since World War II 
        the Department of Energy and its predecessors have been self-
        regulating with respect to nuclear safety and occupational 
        safety and health. No other hazardous Federal activity has been 
        permitted to have such sweeping self-regulatory powers.
            (4) The Department of Energy policy to litigate 
        occupational illness claims regardless of merit has deterred 
        workers from filing workers compensation claims and imposed 
        major financial burdens for workers who sought compensation. 
        Department of Energy contractors have been held harmless, even 
        for acts of negligence, while the Department of Energy workers 
        were denied workers compensation coverage for occupational 
        disease. The policy to avoid legal liabilities at all costs has 
        been in place for decades.
            (5) Over the past 20 years more than two dozen scientific 
        findings have emerged that indicate that Department of Energy 
        workers are experiencing increased risks of dying from cancer 
        and nonmalignant diseases at numerous facilities that provided 
        for the nation's nuclear deterrent. Several of these studies 
        also establish a correlation between excess diseases and 
        exposure to radiation and beryllium.
            (6) While linking exposure to occupational hazards with the 
        development of occupational disease is sometimes difficult, 
        scientific evidence supports the conclusion that occupational 
        exposure to dust particles or vapor of beryllium, even where 
        there was compliance with the standards in place at the time, 
        can cause beryllium sensitivity and chronic beryllium disease. 
        Furthermore, studies indicate than 98 percent of radiation 
        induced cancers within the Department of Energy complex occur 
        at dose levels below existing legal thresholds for proof. 
        Further, that workers at Department of Energy sites were 
        exposed to heavy metals and toxic substances at levels that 
        will lead or contribute to illness and diseases.
            (7) Existing information indicates that State workers' 
        compensation programs are not a uniform means to provide 
        adequate compensation for the types of occupational illnesses 
        and diseases related to the prosecution of the Cold War effort.
            (8) The civilian men and women who performed duties 
        uniquely related to the Department of Energy's nuclear weapons 
        production program over the last 50 years should have 
        efficient, uniform, and adequate compensation for beryllium-
        related health conditions, radiation-related health conditions, 
        asbestos-related health conditions, and toxic substances-
        related health conditions in order to assure fairness and 
        equity.
            (9) This situation is sufficiently unique to the Department 
        of Energy's nuclear weapons production program that it is 
        appropriate for Congressional action.

           TITLE I--ENERGY EMPLOYEES' BERYLLIUM COMPENSATION

SEC. 101. DEFINITIONS.

    For the purpose of this title:
            (1) Department of energy.--The term ``Department of 
        Energy'' includes the predecessor agencies of the Department of 
        Energy.
            (2) Secretary.--The term ``Secretary'' unless otherwise 
        specified means the Secretary of Energy.
            (3) Department of energy facility.--The term ``Department 
        of Energy facility'' means any building, structure, or 
        premises, including the grounds upon which they are located, in 
        which operations are conducted by, or on behalf of, the 
        Department of Energy in Los Alamos, New Mexico and with regard 
        to which the Department of Energy has a proprietary interest or 
        has entered into a contract with an entity to provide 
        management and operation, management and integration, or 
        environmental remediation.
            (4) Compensation.--The term ``compensation'' means the 
        money allowance payable under this title and any other benefits 
        paid for from the Energy Employees' Beryllium Compensation 
        Fund, including the retroactive compensation payable pursuant 
        to section 109.
            (5) Covered employee.--The term ``covered employee'' 
        means--
                    (A) an employee of any entity in Los Alamos, New 
                Mexico, that contracted or subcontracted with the 
                Department of Energy to provide management and 
                operations, management and integration, production, 
                testing, research, development, environmental 
                remediation, waste management, construction, uranium 
                enrichment, or other services at a Department of Energy 
                facility or any entity that supplied uranium conversion 
                or manufacturing services to, for, or on behalf of, the 
                Department of Energy, including, those entities 
                identified at section 201(3); or
                    (B) an individual defined as an employee in section 
                8101(1) of title 5, United States Code, who may have 
                been exposed to beryllium at a Department of Energy 
                facility in Los Alamos, New Mexico.
            (6) Covered illness.--The term ``covered illness'' means 
        any of the following conditions:
                    (A) Beryllium Sensitivity, established by an 
                abnormal beryllium lymphocyte proliferation test 
                performed on either blood or lung lavage cells.
                    (B) Chronic Beryllium Disease, established by--
                            (i) beryllium sensitivity, as defined in 
                        subparagraph (A), and
                            (ii) lung pathology consistent with Chronic 
                        Beryllium Disease, such as--
                                    (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 consistent with Chronic 
                                Beryllium Disease; or
                    (C) any injury or illness sustained as a 
                consequence of a covered illness as defined in 
                subparagraph (A) or (B).
            (7) Monthly pay.--The term ``monthly pay'' means--
                    (A) for covered employees employed at the time of 
                injury or inception of disability, the monthly pay at 
                the time of injury, the monthly pay at the inception of 
                disability, or the monthly pay at the time compensable 
                disability recurs, if the recurrence begins more than 6 
                months after the covered employee resumes regular full-
                time employment, whichever is greater, except when 
                otherwise determined under section 8113(a) of title 5, 
                United States Code;
                    (B) for covered employees who are unemployed at the 
                inception of disability, the monthly pay of the 
                employee's last covered employment calculated as if the 
                employee were still employed, or the monthly pay of 
                other employees of the same or most similar class 
                working in the same or most similar employment in the 
                same or neighboring locality, whichever is greater.
            (8) Time of injury.--The term ``time of injury'' means the 
        last date on which a covered employee was exposed to beryllium 
        in the performance of duty as specified in section 104.
            (9) Inception of disability.--The term ``inception of 
        disability'' means the date on which the covered employee or 
        claimant becomes aware, or in the exercise of reasonable 
        diligence or by reason of medical advice should have been 
        aware, of the relationship between the employment, the covered 
        illness, and the death or disability.
            (10) Miscellaneous terms.--The following terms have the 
        meaning given those terms in section 8101 of title 5, United 
        States Code:
                    (A) ``physician'';
                    (B) ``medical, surgical, and hospital services and 
                supplies'';
                    (C) ``widow'';
                    (D) ``parent'';
                    (E) ``brother'' and ``sister'';
                    (F) ``child'';
                    (G) ``grandchild'';
                    (H) ``widower'';
                    (I) ``student'';
                    (J) ``price index'';
                    (K) ``organ''; and
                    (L) ``United States medical officers and 
                hospitals''.

SEC. 102. REGULATORY AUTHORITY TO REVISE DEFINITIONS.

    (a) In General.--Additional vendors, processors, or producers of 
beryllium or related products may be designated as beryllium vendors 
for the purposes of this title in regulations issued by the Secretary, 
upon finding that such entities have been engaged in activities related 
to beryllium that was produced or processed for sale to, or use by, the 
Department of Energy in a manner similar to the entities listed in 
section 101(4).
    (b) Additional Criteria.--Additional criteria by which a claimant 
may establish the existence of a covered illness, as defined in 
subparagraph (A) or (B) of section 101(7), may be specified in 
regulations issued by the Secretary, after consultation with the agency 
that contracts to administer this title.

SEC. 103. ADMINISTRATION.

    (a) In General.--Within 120 days of enactment of this title, the 
Secretary of Energy shall enter into an agreement with the Secretary of 
Labor for the administration of this title, including utilization of 
Department of Labor services and facilities and for the compensation by 
the Department of Energy for such administration from the Energy 
Employees Beryllium Compensation Fund established pursuant to section 
122. The Secretary of Labor is authorized to enter into a reimbursable 
agreement with the Secretary of Energy for the administration of this 
title. Upon entry into such agreement, the Secretary of Labor may 
delegate to any officer or employee of the Department of Labor all 
powers and duties necessary for carrying out the purposes of this 
title.
    (b) Joint Authority.--To assist and facilitate administration of 
this title and the adjudication of claims, the Secretary of Energy and 
the Secretary of Labor shall--
            (1) provide assistance to employees and claimants in 
        connection with this title, including assistance in securing 
        medical testing and diagnostic services necessary to determine 
        the existence of a covered illness as defined in section 
        101(7);
            (2) ensure the ready availability, in paper and electronic 
        format, of forms necessary for making claims, and provide 
        employees and claimants with necessary information under this 
        title including, inter alia, medical protocols necessary for 
        medical testing and diagnosis to determine the existence of a 
        covered illness, lists of approved vendors for use in obtaining 
        necessary laboratory services related to such medical testing 
        and diagnosis, and vouchers to cover costs outlined in the 
        medical protocols;
            (3) provide such further assistance to employees and 
        claimants as necessary for the development of the facts 
        pertinent to the employee's claim or potential claim;
            (4) upon a notification that a claimant has made a claim 
        for benefits under this title, provide such information to the 
        authority with delegated responsibility for the determination 
        and award of claims under section 113, or review thereof under 
        sections 114 and 115, as the authority may request for purposes 
        of determining eligibility for or amount of benefits, or 
        verifying other information with respect thereto.
In carrying out paragraph (1), 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 
expenses.
    (c) Information.--The Secretary of Energy may require a Department 
of Energy contractor to provide information concerning a claim filed 
under this title to the officers or employees with delegated 
responsibility for administering this title.
    (d) Penalty.--Failure or refusal to provide information, or 
knowingly providing false information, in response to a request 
pursuant to subsections (b) and (c) this section may result in fine or 
imprisoned, or both, pursuant to section 1922 of title 18, United 
States Code, as amended by section 129(c).
    (e) Penalty.--Whoever induces, compels, or directs an injured 
employee to forego filing of any claim for compensation or other 
benefits provided under this title or any extension or application 
thereof, or willfully retains any notice, report, claim, or paper which 
is required to be filed under this title or any extension or 
application thereof, or regulations prescribed thereunder, may be 
subjected to fine or imprisonment, or both, pursuant to section 1922 of 
title 18, United States Code, as amended by section 129(c).

SEC. 104. EXPOSURE TO BERYLLIUM IN THE PERFORMANCE OF DUTY.

    In the absence of substantial evidence to the contrary, a covered 
employee, as defined in subparagraphs (A), (B), or (C) of section 
101(6), shall be determined to have been exposed to beryllium in the 
performance of duty for the purposes of this title if, and only if, the 
covered employee was employed at a Department of Energy facility, or 
was present at the facility because of employment by the United States 
or a contractor or subcontractor of the Department of Energy, for any 
period of time, during a time period when beryllium dust particles or 
vapor may have been present at that facility.

SEC. 105. COMPENSATION FOR DISABILITY OR DEATH, MEDICAL SERVICES, AND 
              VOCATIONAL REHABILITATION.

    (a) Compensation.--In accordance with, and except as otherwise 
provided in, this title, the United States is authorized to--
            (1) upon application for compensation pursuant to section 
        111, furnish the costs of all medical testing and diagnostic 
        services necessary for the claimant to determine the existence 
        of a covered illness as defined in section 101(7), and 
        reimburse claimant for any additional reasonable medical 
        expenses incurred in establishing the claimant's claim;
            (2) pay the compensation specified in sections 8105-8110, 
        8111(a), 8112-13, 8115, 8117, 8133-8135, and 8146a (a) and (b) 
        of title 5, United States Code, for the disability or death 
        from a covered illness of a covered employee who was exposed to 
        beryllium while in the performance of duty as determined in 
        accordance with section 104;
            (3) furnish the services and other benefits specified in 
        section 8103 of title 5, United States Code, to a covered 
        employee who sustains a covered illness as a result of exposure 
        to beryllium while in the performance of duty as determined in 
        accordance with section 104;
            (4) pay alternative compensation pursuant to section 109, 
        and attorneys fees as specified in section 118; and
            (5) advise a permanently disabled individual whose 
        disability is compensable under this title of the availability 
        of vocational rehabilitation and provide for furnishing 
        vocational rehabilitation service pursuant to the provisions of 
        section 8104 and 8111(b) of title 5, United States Code;
unless the covered illness or death was caused by one of the 
circumstances set forth in paragraphs (1) or (3) of subsection (a) of 
section 8102 of title 5, United States Code.
    (b) Payment From Fund.--All compensation and awards under this 
title shall be paid from the Energy Employees' Beryllium Compensation 
Fund.
    (c) Payment and Effective Date.--No payment of compensation may be 
made under this title for any period prior to the effective date of 
this title, except for the alternative compensation specified in 
section 109.

SEC. 106. COMPUTATION OF PAY.

    (a) In General.--Except as otherwise provided by this title, 
computation of pay under this title shall be determined in accordance 
with section 8114 of title 5, United States Code.
    (b) Average Annual Earnings.--If either of the methods of 
determining the average annual earnings specified in sections 8114(d) 
(1) and (2) of title 5, United States Code, cannot be applied 
reasonably and fairly, the average annual earnings are a sum that 
reasonably represents the annual earning capacity of the covered 
employee in the employment in which the employee was working at the 
time of injury or inception of disability, whichever is greater, having 
regard to the previous earnings of the employee in similar employment, 
and for other employees 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 immediately preceding the time of injury or inception of 
disability, whichever is greater.

SEC. 107. LIMITATIONS ON RECEIVING COMPENSATION.

    (a) In General.--While a covered employee as defined in section 
101(6)(C) is receiving compensation under this title, or if the covered 
employee has been paid a lump sum in commutation of installment 
payments until the expiration of the period during which the 
installment payments 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 Department 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 subchapter 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 employee to compensation for scheduled disabilities specified by 
section 8107 of title 5, United States Code.
    (b) Election.--An individual eligible to receive benefits under 
this title because of a covered illness or death of a covered employee 
as defined in section 101(6)(C), 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 (except 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 irrevocable, 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 
informed election.
    (c) Election.--While a covered employee is receiving compensation 
under this title, or if the covered employee has been paid a lump sum 
commutation of installment 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 individual 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 
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.--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' 
compensation 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 the election specified in this 
subsection shall make the election within the time allowed by the 
Secretary of Labor by regulation. The election when made is 
irrevocable, 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 informed election.

SEC. 108. COORDINATION OF BENEFITS.

    Except where the Secretary issues a waiver pursuant to section 
107(d)(2), a claimant awarded benefits under this title as a result of 
a covered illness or death of a covered 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 107, 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' compensation 
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 regulation, of obtaining such benefits.

SEC. 109. ALTERNATIVE COMPENSATION.

    (a) In General.--A covered employee, who was exposed to beryllium 
in the performance of duty, as determined in accordance with section 
104, and who, in addition--
            (1) was diagnosed as having a beryllium-related pulmonary 
        condition, whether or not based upon the criteria necessary to 
        establish the existence of a covered illness under section 
        101(7), that was determined, either contemporaneously or at any 
        time later, to be consistent with Chronic Beryllium Disease, as 
        defined in section 101(7)(B), and
            (2) demonstrates the existence of a beryllium-related 
        pulmonary condition, and its diagnosis, by medical 
        documentation created during the covered employee's lifetime or 
        at the time of death or autopsy,
may elect to receive alternative compensation in the amount of 
$200,000, subject to adjustment pursuant to section 8146a(a) of title 
5, United States Code, together with those medical 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) Death of Covered Employee.--If a covered employee 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 beryllium-related 
condition, the employee's survivor or survivors may make the election 
to receive the alternative compensation specified in subsection (a) of 
this section in lieu of any other compensation that either the covered 
employee or the employee's survivors might otherwise have been awarded 
under this title. The right to make an election 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) Election To Receive Retroactive Compensation.--The election to 
receive retroactive compensation under this section in lieu of other 
compensation under this title shall be made at any time subsequent to 
filing a claim pursuant to section 111, up to and including 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 that 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 his 
or her survivor. The election when made by a covered employee or 
survivor is irrevocable and binding on all survivors.
    (d) Limitation.--When a covered employee, or the employee's 
survivor, has made an election to receive alternative compensation 
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 
or beryllium-related pulmonary condition of that employee.
    (e) Determination.--A determination that a covered employee or a 
survivor of a covered employee has established a beryllium-related 
pulmonary condition pursuant to subsection (a) of this section does not 
constitute a determination that the covered employee, or a survivor of 
the covered employee, has established the existence of a covered 
illness.

SEC. 110. PAYMENT IN FULL SETTLEMENT OF CLAIMS AGAINST THE UNITED 
              STATES AND THE EMPLOYEE'S EMPLOYER.

    (a) In General.--If an individual elects to accept payment under 
this title with respect to a covered illness, beryllium-related 
pulmonary condition, or death of a covered employee, that acceptance of 
payment 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 beryllium in the performance of his or her 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 107 and 108, nor to any litigation, whether 
arising out of the employee's exposure to beryllium in the performance 
of the employee's duties or not, in State or Federal court as of the 
effective date of this title.

SEC. 111. 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 113.

SEC. 112. 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 of this title, or
            (2) 7 years after the date the claimant first becomes aware 
        of--
                    (A) a diagnosis of a covered illness or a 
                beryllium-related pulmonary condition, or death 
                resulting from such illness or condition; and
                    (B) the causal connection of that illness, 
                condition, or death to exposure to beryllium in the 
                performance of duty as a covered employee.
    (b) New Limitation Period.--A new limitations period commences with 
each later diagnosis of a covered illness or beryllium-related 
pulmonary condition different from that previously diagnosed.
    (c) Timely Filing.--The timely filing of a disability claim because 
of a covered illness or beryllium-related pulmonary condition will 
satisfy the time requirements for a death claim based on the same 
illness or condition.

SEC. 113. DETERMINATION AND AWARD OF CLAIMS.

    (a) In General.--Upon entry into the agreement with the Secretary 
of Energy authorized by section 103(a), the Secretary of Labor, or the 
Secretary's designee, shall determine and make findings of fact and 
make an award for or against payment of compensation under this title 
within 120 days of the filing of a claim pursuant to section 111, 
after--
            (1) considering the claim presented by the beneficiary, the 
        results of any medical test or diagnosis undertaken to 
        determine the existence of a covered illness, and any report 
        furnished by the Department of Energy; and
            (2) completing such investigation as the Secretary or the 
        Secretary's designee considers necessary.
    (b) Construction.--Except as otherwise specified in this title, the 
determination of a claim for compensation, and any award and payment of 
compensation under this section shall be made in accordance with 
section 8124(a) of title 5, United States Code. Unless a hearing is 
requested pursuant to section 114(a), the determination, 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. 114. REVIEW OF AWARD.

    (a) In General.--A claimant for compensation is entitled to a 
hearing on his or her claim before an administrative law judge 
qualified under section 3105 of title 5, United States Code, upon 
request made by claimant within 30 days after the date of issuance and 
service of the Secretary of Labor's findings and decision under section 
113, and to the presentation at such hearing of evidence in further 
support of the claim. The administrative law judge may extend the 
period for requesting a hearing under this section upon petition of the 
claimant and good cause shown.
    (b) Hearing.--The administrative law judge shall, in the conduct of 
a hearing requested pursuant to subsection (a) of this section and in 
the evaluation 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, provided however, 
that the hearing shall be 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 his or her designee.
    (c) Orders.--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 witnesses, or the production of books, 
papers, documents, and other evidence, or the taking of depositions 
before any designated individual competent to administer oaths; to 
examine witnesses; and to do all things conformable to law which may be 
necessary to enable the administrative law judge effectively to 
discharge his 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 during a hearing or so near the place thereof as 
to obstruct the same, or neglects to produce, after having been ordered 
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 according to law, the administrative law judge shall certify 
the facts to the district court having jurisdiction in the place in 
which he 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 evidence 
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 
conditions 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 conclusion 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 argument.
    (f) Decision Notice.--Within 45 days of the closing 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 the administrative law judge's decision and any award the 
administrative law judge 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) Effect of Decision.--Unless appealed to the Benefits Review 
Board as provided in section 115, 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. 115. APPEAL.

    (a) In General.--Within 30 days of the effective date of a decision 
rendered by an administrative law judge under section 114, an aggrieved 
claimant may seek review of such determination before the Benefits 
Review Board established pursuant to section 921(b) of title 33, United 
States Code. The Benefits Review Board may extend the period for 
requesting review under this section, not to exceed an additional 30 
days, upon petition of the claimant and good cause shown.
    (b) Authority of Benefits Review Board.--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 limited to the 
claimant and the Secretary of Labor as represented by the Secretary of 
Labor's designee.
    (c) Court Review.--A claimant adversely affected 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 921(c) of title 33, 
United States Code.

SEC. 116. RECONSIDERATION OF DENIAL OF CLAIM.

    (a) In General.--Notwithstanding any other provision of this title, 
a claimant or eligible surviving beneficiary may obtain reconsideration 
of a decision denying coverage under this title after the promulgation 
by the Secretary, pursuant to section 102, of regulations designating 
additional processors or producers of beryllium or related products, or 
regulations identifying additional criteria for establishing the 
existence of a covered illness.
    (b) Reconsideration.--Notwithstanding any other provision of this 
title, 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. 117. RESOLUTION OF ISSUES IN THE AWARD OR DENIAL OF COMPENSATION; 
              COSTS OF ADMINISTRATION.

    (a) In General.--Failure to render a determination on a claim 
within any time period prescribed in sections 113, 114 or 115 shall 
result in the award of the claim as a matter of law.
    (b) Resolving Doubt.--All reasonable doubt with regard to whether a 
claim for compensation meets the requirements of this title shall be 
resolved in favor of the claimant.
    (c) Physician.--In securing medical testing and diagnostic services 
to determine the existence of a covered illness compensable under this 
title, the claimant may utilize a physician of the claimant's choice, 
or a Department of Energy funded or sponsored medical program or 
employer-provided program, if available.
    (d) Application of Title 5.--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 documentation requested by the Secretary 
of Labor, an administrative 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 Energy Employees Beryllium 
Compensation Fund, or set off against, or otherwise deducted from any 
payment to claimant under this title.
    (f) Construction.--Sections 114 and 115 do not confer the right to 
a hearing or of appeal on the Secretary of Labor or the Secretary of 
Energy, although the Secretary 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 113 where the 
claimant has appealed therefrom.
    (g) Payment of Costs.--The costs incurred by the Secretary of 
Labor, an administrative law judge, or the Benefits Review Board in the 
administration of this title and adjudication of claims thereunder are 
chargeable against, and shall be paid from, the Energy Employees 
Beryllium Compensation Fund established pursuant to section 122.

SEC. 118. REPRESENTATION; FEES FOR SERVICES.

    (a) In General.--A claimant may authorize an attorney to represent 
the claimant in any proceeding under this title.
    (b) Amount.--If the Secretary of Labor, or the Secretary of Labor's 
designee, declines to pay compensation, in whole or in part, under 
section 113, and the person 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 114 or 
115, there shall be awarded, in addition to the award of compensation, 
a reasonable attorney's fee, and costs, for the services provided by 
the attorney under sections 113 and 114, 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 Energy Employees' Beryllium 
Compensation Fund directly to the attorney for the claimant in a lump 
sum after the compensation order becomes final.
    (c) Arbitrary or Capricious Conduct.--In the event an 
administrative 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 section, reasonable attorney's fees and costs incurred with 
respect 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 addition to the award to which the 
claimant is otherwise entitled under this title, 10 percent per annum 
on the claimant's claim from the date of the original denial of the 
claim. Attorney's fees, costs, and interest awarded pursuant to this 
subsection shall be considered costs incurred by the Secretary of Labor 
and shall not be paid from the Energy Employees Beryllium Compensation 
Fund, or set off against, or otherwise deducted from any payment to 
claimant under this title.
    (d) Limitation.--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. 119. STATUS OF AWARD; CERTAIN CLAIMS NOT AFFECTED.

    (a) In General.--Any award ordered or amount paid pursuant to this 
title--
            (1) shall not be considered income for purposes of the 
        Internal Revenue Code of 1986 and shall not be subject to 
        Federal income tax under the Internal Revenue Code of 1986;
            (2) shall not be included as income or resources for 
        purposes of determining eligibility to receive benefits 
        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 Under This Title.--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 insurance carrier for insurance 
payments made. A payment under this title does not affect any claim 
against an insurance carrier with respect to insurance.

SEC. 120. 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 creditors.

SEC. 121. SUBROGATION OF THE UNITED STATES.

    (a) In General.--If a covered illness, death, or beryllium-related 
pulmonary condition 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) References.--For purposes of this section, references in 
sections 8131 and 8132 of title 5, United States Code, to the 
Employees' Compensation Fund shall mean the Energy Employees' Beryllium 
Compensation Fund.
    (c) Application.--For the purposes of this title, the provision in 
section 8131 of title 5, United States Code, that provides that an 
employee required 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 employee, as defined in 
section 101(4)(C).

SEC. 122. ENERGY EMPLOYEES' BERYLLIUM COMPENSATION FUND.

    (a) In General.--To carry out this title, there is established in 
the Treasury of the United States the Energy Employees' Beryllium 
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 126(a), and
            (3) amounts that would otherwise accrue to it under this 
        title.
    (b) Use.--Amounts in the Energy Employees' Beryllium 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) Determinations.--
            (1) Quarterly.--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 Energy Employees' Beryllium Compensation Fund 
        during the quarter just ended, the end-of-quarter balance in 
        the Fund, and the amount anticipated to be needed during the 
        immediately succeeding 2 quarters for the payment of benefits 
        and administrative expenses under this title.
            (2) Content.--Each cost determination made in the last 
        quarter of the fiscal year under paragraph (1) shall show, in 
        addition, the total costs of benefits and expenses and other 
        payments from the Fund during the preceding 12-month expense 
        period and an estimate of the expenditures from the Energy 
        Employees' Beryllium Compensation Fund for the payment of 
        benefits and expenses and other payments for each of the 
        immediately succeeding two fiscal years.

SEC. 123. FORFEITURE OF BENEFITS BY CONVICTED FELONS.

    (a) In General.--Any individual convicted of a violation of section 
1920 of title 18, or any other Federal or State criminal statute 
relating to fraud in the application 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 forfeiture 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) Limitation.--
            (1) In general.--Notwithstanding any other provision of law 
        (except as provided under paragraph (2)), no benefits under 
        this title shall be paid or provided to any individual during 
        any period during which such individual is confined in a jail, 
        prison, 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 the period of incarceration 
described in this paragraph, 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, during the period of 
        incarceration, pay to these dependents a percentage of the 
        benefits that would have been payable to such individual 
        computed according to the percentages set forth in section 
        8133(a) (1) through (5) 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 account 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 individuals' 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. 124. CIVIL SERVICE RETENTION RIGHTS.

    In the event that a covered employee, as defined in section 
101(4)(C), 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. 125. ANNUAL REPORT.

    The Secretary shall, at the end of each fiscal year, prepare a 
report with respect to the administration of this title.

SEC. 126. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Department of Energy for deposit into the Energy Employees' Beryllium 
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 advance 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) 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 Energy Employees' Beryllium Compensation Fund and amounts made 
available by Department 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 reports 
pursuant to section 122(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 compensation 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) 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. 127. REGULATIONS.

    Not later than 120 days after the date of enactment, the Secretary 
of Labor shall prescribe such rules and regulations as may be necessary 
for the administration and enforcement of this title.

SEC. 128. CONSTRUCTION.

    References in this title to a provision of another statute shall be 
considered references to such provision, as amended and as may be 
amended from time to time.

SEC. 129. CONFORMING AMENDMENTS.

    (a) Section 1920.--Section 1920 of title 18, United States Code, is 
amended by inserting in the title ``or Energy employee in Los Alamos, 
New Mexico,'' after ``Federal employee's'' and by inserting ``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 Energy employees in Los Alamos, 
New Mexico,'' after ``Federal employees'' and by inserting ``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 section title ``or Energy employees 
        in Los Alamos'' after ``Federal employees'';
            (2) by inserting ``(a)'' before ``Whoever,'';
            (3) by striking ``, neglects,'' after ``willfully fails''; 
        and
            (4) by inserting a new subsection as follows:
    ``(b) Whoever refuses to provide the information referred to in 
subsection (a), or knowingly provides false information, or induces, 
compels, or directs an injured employee to forego filing of any claim 
for compensation or other benefits provided 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. 130. EFFECTIVE DATE.

    This title is effective upon the date of its enactment.

           TITLE II--NUCLEAR EMPLOYEES RADIATION COMPENSATION

SEC. 201. DEFINITIONS.

    For purposes of this title:
            (1) Department of energy.--The term ``Department of 
        Energy'' includes the predecessor agencies of the Department of 
        Energy.
            (2) Secretary.--The term ``Secretary'' unless otherwise 
        specified means the Secretary of Energy.
            (3) Department of energy facility.--The term ``Department 
        of Energy facility'' means any building, structure, or 
        premises, including the grounds upon which they are located, in 
        Los Alamos, New Mexico, in which operations are conducted by, 
        or on behalf of, the Department of Energy and with regard to 
        which the Department of Energy has a proprietary interest or 
        has entered into a contract with an entity to provide 
        management and operation, management and integration, or 
        environmental remediation.
            (4) Department of energy contractor.--The term ``Department 
        of Energy contractor'' means--
                    (A) an entity in Los Alamos, New Mexico, that 
                contracted or subcontracted with the Department of 
                Energy to provide management and operations, management 
                and integration, production, testing, research, 
                development, environmental remediation, waste 
                management, construction, or other services at a 
                Department of Energy facility.
            (5) Covered employee.--The term ``covered employee'' 
        means--
                    (A) an employee of any Department of Energy 
                contractor; or
                    (B) an individual defined as an employee in section 
                8101(1) of title 5, United States Code, who may have 
                been exposed to radiation at a Department of Energy 
                facility or at a facility owned, operated, or occupied 
                by a Department of Energy contractor.
            (6) Compensation.--The term ``compensation'' means the 
        money allowance payable under this title and any other benefits 
        paid for from the Nuclear Employees' Radiation Compensation 
        Fund, including the compensation payable pursuant to section 
        208.
            (7) Covered illness.--The term ``covered illness'' means--
                    (A) the following medical conditions or diseases, 
                if the onset of the condition or disease was at least 2 
                years after first exposure:
                            (i) leukemia (other than chronic 
                        lymphocytic leukemia), multiple myeloma, or 
                        lymphoma;
                            (ii) primary cancer of the bone, thyroid, 
                        male or female breast, esophagus, stomach, 
                        pharynx, small intestine, pancreas, bile ducts, 
                        gall bladder, salivary gland, urinary bladder, 
                        brain, colon, ovary, liver (except if cirrhosis 
                        or hepatitis B is indicated), larynx, prostate, 
                        kidney, or lung (other than in situ lung cancer 
                        that is discovered during or after a post-
                        mortem exam);
                            (iii) for employees exposed to uranium or 
                        uranium compounds, chronic renal disease 
                        (including nephritis and kidney tubal 
                        necrosis);
                    (B) other medical conditions or illness associated 
                with exposure to radiation or other hazardous 
                substances as determined by the Secretary of Health and 
                Human Services pursuant to title III;
                    (C) any other medical condition or illness whereby 
                the claimant can establish, pursuant to title III, that 
                radiation or a hazardous substance significantly 
                contributed to their illness, disease or condition; or
                    (D) any injury or illness sustained as a 
                consequence of a covered illness as defined in 
                subparagraph (A), (B), or (C).
            (8) Hazardous substances.--The term ``hazardous 
        substances'' is used interchangeably with hazardous materials 
        and includes heavy metals, chemicals, and other toxic 
        substances to which covered employees are exposed at Department 
        of Energy facilities in Los Alamos.
            (9) Monthly pay.--The term ``monthly pay'' means--
                    (A) for covered employees employed at the time of 
                injury or inception of disability, the monthly pay at 
                the time of injury, or the monthly pay at the inception 
                of disability, or the monthly pay at the time 
                compensable disability recurs, if the recurrence begins 
                more than 6 months after the covered employee resumes 
                regular full-time employment, whichever is greater, 
                except when otherwise determined under section 8113(a) 
                of title 5, United States Code; or
                    (B) for covered employees who are unemployed at the 
                inception of disability, the monthly pay of the 
                employee's last covered employment calculated as if the 
                employee were still employed, or the monthly pay of 
                other employees of the same or most similar class 
                working in the same or most similar employment in the 
                same or neighboring locality, whichever is greater.
            (10) Time of injury.--The term ``time of injury'' means the 
        last date on which a covered employee was exposed to radiation 
        or other hazardous substance in the performance of duty as 
        specified in section 203.
            (11) Inception of disability.--The term ``inception of 
        disability'' means the date on which the covered employee or 
claimant becomes aware, or in the exercise of reasonable diligence or 
by reason of medical advice should have been aware, of the relationship 
between the employment, the covered illness, and the death or 
disability.
            (12) Miscellaneous terms.--The following terms have the 
        meaning given those terms in section 8101 of title 5, United 
        States Code:
                    (A) ``physician'';
                    (B) ``medical, surgical, and hospital services and 
                supplies'';
                    (C) ``widow'';
                    (D) ``parent'';
                    (E) ``brother'' and ``sister'';
                    (F) ``child'';
                    (G) ``grandchild'';
                    (H) ``widower'';
                    (I) ``student'';
                    (J) ``price index'';
                    (K) ``organ''; and
                    (L) ``United States medical officers and 
                hospitals''.

SEC. 202. ADMINISTRATION.

    (a) In General.--Within 120 days of enactment of this title, the 
Secretary of Energy shall enter into an agreement with the Secretary of 
Labor for the administration of this title, including utilization of 
Department of Labor services and facilities, and for the compensation 
by the Department of Energy for such administration from the Nuclear 
Employees Radiation Compensation Fund established pursuant to section 
221. The Secretary of Labor is authorized to enter into a reimbursable 
agreement with the Secretary of Energy for the administration of this 
title. Upon entry into such agreement, the Secretary of Labor may 
delegate to any officer or employee of the Department of Labor all 
powers and duties necessary for carrying out the purposes of this 
title.
    (b) Authority.--To assist and facilitate administration of this 
title and the adjudication of claims, the Secretary of Energy shall--
            (1) provide assistance to employees and claimants in 
        connection with this title, including assistance in securing 
        medical testing and diagnostic services necessary to determine 
        the existence of a covered illness as defined in section 
        201(7);
            (2) ensure the ready availability, in paper and electronic 
        format, of forms necessary for making claims, and provide 
        employees and claimants with necessary information under this 
        title including, medical protocols necessary for medical 
        testing and diagnosis to determine the existence of a covered 
        illness, lists of approved vendors for use in obtaining 
        necessary laboratory services related to such medical testing 
        and diagnosis, and vouchers to cover costs outlined in the 
        medical protocols;
            (3) provide such further assistance to employees and 
        claimants as necessary for the development of the facts 
        pertinent to the claimant's claim or potential claim; and
            (4) upon a notification that a claimant has made a claim 
        for benefits under this title, provide such information to the 
        authority with delegated responsibility for the determination 
        and award of claims under section 212, or review thereof under 
        sections 213 and 214, as the authority may request for purposes 
        of determining eligibility for or amount of benefits, or 
        verifying other information with respect thereto.
In carrying out paragraph (1), 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 
expenses.
    (c) Information.--The Secretary of Energy may require a Department 
of Energy contractor to provide information concerning a claim filed 
under this title to the officers or employees with delegated 
responsibility for administering this title.
    (d) Penalty.--Failure or refusal to provide information, or 
knowingly providing false information, in response to a request 
pursuant to subsections (b) and (c) this section may result in fine or 
imprisonment, or both, pursuant to section 1922 of title 18, United 
States Code, as amended by section 228(c).
    (e) Penalty.--Whoever induces, compels, or directs an injured 
employee to forego filing of any claim for compensation or other 
benefits provided under this title or any extension or application 
thereof, or willfully retains any notice, report, claim, or paper which 
is required to be filed under this title or any extension or 
application thereof, or regulations prescribed thereunder, may be 
subjected to fine or imprisonment, or both, pursuant to section 1922 of 
title 18, United States Code, as amended by section 228(c).

SEC. 203. OCCUPATIONAL EXPOSURE TO RADIATION AND OTHER HAZARDOUS 
              SUBSTANCES.

    (a) In General.--In the absence of substantial evidence to the 
contrary, a covered employee, as defined in subparagraph (A) or (B) of 
section 201(5), shall be determined to have been exposed to radiation 
in the performance of duty for the purposes of this title if the 
individual was employed at a Department of Energy facility, or was 
present at the facility because of employment by the United States or a 
contractor or subcontractor of the Department of Energy, for a period 
of at least one year and--
            (1) the individual was monitored through the use of 
        dosimetry badges for exposure to radiation or should have been 
        monitored for radiation exposure based on requirements or 
        standards in existence as of the date of enactment of this 
        title; or
            (2) worked in a job that, as determined by regulation, 
        resulted in exposure to radiation.
    (b) Construction.--In the absence of substantial evidence to the 
contrary, a covered employee, as defined in section 201(5) (A) or (B), 
shall be determined to have been exposed to a hazardous substance or 
hazardous material in the performance of duty for the purposes of this 
title if--
            (1) the individual was employed at a Department of Energy 
        facility, or was present at the facility because of employment 
        by the United States or a contractor or subcontractor of the 
        Department of Energy, for a period of at least one year; and
            (2)(A) the individual was monitored for exposure to 
        hazardous substances or hazardous materials or should have been 
        monitored for such exposure, or
            (B) provides a work history that, if verified, demonstrated 
        exposure to hazardous substances or hazardous materials.

SEC. 204. COMPENSATION FOR DISABILITY OR DEATH, MEDICAL SERVICES, AND 
              VOCATIONAL REHABILITATION.

    (a) In General.--In accordance with this title and except as 
otherwise provided in this Act, the United States is authorized to--
            (1) upon application for compensation pursuant to section 
        210, furnish the costs of all medical testing and diagnostic 
        services necessary for the claimant to determine the existence 
        of a covered illness as defined in section 201(7) and reimburse 
        claimant for any additional reasonable medical expenses 
        incurred in establishing the claimant's claim;
            (2) pay the compensation specified in sections 8105-8110, 
        8111(a), 8112-13, 8115, 8117, 8133-8135, and 8146a (a) and (b) 
        of title 5, United States Code, for the disability or death 
        from a covered illness of a covered employee who was 
        occupationally exposed while in the performance of duty as 
        determined in accordance with section 203;
            (3) furnish the services and other benefits, specified in 
        section 8103 of title 5, United States Code, to a covered 
        employee who sustains a covered illness as a result of 
        occupational exposure while in the performance of duty as 
        determined in accordance with section 203;
            (4) pay alternative compensation pursuant to section 208 
        and attorneys fees as specified in section 217; and
            (5) advise a permanently disabled individual whose 
        disability is compensable under this title of the availability 
        of vocational rehabilitation and provide for furnishing 
        vocational rehabilitation service pursuant to the provisions of 
        section 8104 and 8111(b) of title 5, United States Code;
unless the covered illness or death was caused by one of the 
circumstances set forth in paragraph (1), (2), or (3) of subsection (a) 
of section 8102 of title 5, United States Code.
    (b) Fund.--All compensation and awards under this title shall be 
paid from the Nuclear Employees' Radiation Compensation Fund.
    (c) Compensation Before Effective Date.--No payment of compensation 
may be made under this title for any period prior to the effective date 
of this title, except for the alternative compensation specified in 
section 208.

SEC. 205. COMPUTATION OF PAY.

    (a) In General.--Except as otherwise provided by this title, 
computation of pay under this title shall be determined in accordance 
with section 8114 of title 5, United States Code.
    (b) Average Annual Earnings.--If either of the methods of 
determining the average annual earnings specified in sections 8114(d) 
(1) and (2) of title 5, United States Code, cannot be applied 
reasonably and fairly, the average annual earnings are a sum that 
reasonably represents the annual earning capacity of the covered 
employee in the employment in which the employee was working at the 
time of injury or inception of disability, whichever is greater, having 
regard to the previous earnings of the employee in similar employment, 
and for other employees 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 immediately preceding the date of injury or inception of 
disability, whichever is greater.

SEC. 206. LIMITATIONS ON RECEIVING COMPENSATION.

    (a) In General.--While a covered employee as defined 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 expiration of the period during which the 
installment payments 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 Department 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 subchapter 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 employee 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 
(except 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 
irrevocable, 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 informed election.
    (c) Limitation.--While a covered employee is receiving compensation 
under this title, or if the covered employee has been paid a lump sum 
commutation of installment 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 individual 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 
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' compensation 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 irrevocable, 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 informed 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 covered 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' compensation 
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 regulation, of obtaining such benefits.

SEC. 208. RIGHT TO ALTERNATIVE COMPENSATION.

    (a) In General.--A covered employee, who was exposed to radiation 
or other hazardous substance in the performance of duty, as determined 
in accordance with section 203, and who, in addition, demonstrates the 
existence of a covered illness, and its diagnosis, by medical 
documentation 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 adjustment 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 employee 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 employee or the employee's 
survivors might otherwise have been awarded under this title. The right 
to make an election 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 compensation under this title shall be 
made at any time subsequent to filing a claim pursuant to section 210, 
up to and including 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 employee's survivor. The election when made by a 
covered employee or survivor is irrevocable and binding on all 
survivors.
    (d) Limitation.--When a covered employee, or the employee's 
survivor, has made an election to receive compensation 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 EMPLOYEE'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 payment 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 radiation 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 becomes 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 requirements 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 
compensation under this title within 120 days of the filing of a claim 
pursuant to section 210 after--
            (1) considering the claim presented by the beneficiary, 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 Secretary or the 
        Secretary's designee considers necessary.
    (b) Claim Determination.--Except as otherwise specified in this 
title, the determination of a claim for compensation, and any award and 
payment of compensation under this section shall be made in accordance 
with section 8124(a) of title 5, United States Code. Unless a hearing 
is requested pursuant to section 213(a), the determination, 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 claimant 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 administrative 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 administrative law judge shall, 
in the conduct of a hearing requested pursuant to subsection (a) of 
this section and in the evaluation 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 designee.
    (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 witnesses, or the production of books, papers, documents, 
and other evidence, or the taking of depositions before any designated 
individual competent to administer oaths, to examine 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 during a hearing or so near the place thereof as 
to obstruct the same, or neglects to produce, after having been ordered 
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 according 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 evidence 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 conditions 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 conclusion 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 argument.
    (f) Decision Notice.--Within 45 days of the closing 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 appealed 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 period 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 limited to the claimant and the 
Secretary of Labor as represented by the Secretary of Labor's designee.
    (c) Judicial Review.--A claimant adversely affected 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 provision of this title, 
a claimant or eligible surviving beneficiary may obtain reconsideration 
of a decision denying coverage under this title after the promulgation 
by the Secretary, pursuant to section 226(b), of regulations 
identifying 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 DENIAL OF COMPENSATION; 
              COSTS OF ADMINISTRATION.

    (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 covered illness compensable 
under this title, the claimant may utilize a physician of the 
claimant's choice, or a Department 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 documentation requested by the Secretary 
of Labor, an administrative 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 Radiation 
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 Secretary 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 Review Board in the 
administration and adjudication of claims thereunder are chargeable 
against, and shall be paid from, the Nuclear Employees Radiation 
Compensation Fund established pursuant to section 221.

SEC. 217. REPRESENTATION; FEES FOR SERVICES.

    (a) In General.--A claimant may authorize an attorney 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 compensation, in whole or in part, 
under section 212, and the person 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 compensation, 
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' Radiation 
Compensation Fund directly to the attorney for the claimant in a lump 
sum after the compensation order becomes final.
    (c) Denial Set Aside.--In the event an administrative 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 section, 
reasonable attorney's fees and costs incurred with respect 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 addition to the award to which the claimant is 
otherwise entitled under this title, 10 percent per annum on the 
claimant's claim from the date of the original denial of the claim. 
Attorney's fees, costs, and interest awarded pursuant to this 
subsection shall be considered costs incurred by the Secretary of Labor 
and shall not be paid from the Nuclear Employees Radiation Compensation 
Fund, or set off against, or otherwise deducted from any payment to 
claimant under this title.
    (d) Award of Fees.--Where an award of attorney's fees for services 
is allowed under this section, the attorney receiving such award shall 
be prohibited from charging claimant, directly or indirectly, for the 
same services. A violation of this subsection shall result in a fine of 
not more than $5,000 assessed by the Secretary against the offending 
attorney.

SEC. 218. STATUS OF AWARD; CERTAIN CLAIMS NOT AFFECTED.

    (a) In General.--Any award ordered or amount paid pursuant to this 
title--
            (1) shall not be considered income for purposes of the 
        Internal Revenue Code of 1986 and shall not be subject to 
        Federal income tax under the Internal Revenue Code of 1986;
            (2) shall not be included as income or resources for 
        purposes of determining eligibility to receive benefits 
        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 insurance carrier for insurance payments made. A payment 
under this title does not affect any claim against an insurance 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 creditors.

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 section, references in 
sections 8131 and 8132 of title 5, United States Code, to the 
Employees' Compensation Fund shall mean the Nuclear Employees' 
Radiation Compensation Fund.
    (c) Application of Section 8131.--For the purposes of this title, 
the provision in section 8131 of title 5, United States Code, that 
provides that an employee required 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 employee as 
defined in section 201(5)(B).

SEC. 221. NUCLEAR EMPLOYEES' RADIATION COMPENSATION FUND.

    (a) In General.--To carry out this title, there is established in 
the Treasury of the United States the Nuclear 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 Nuclear Employees' Radiation Compensation Fund 
        during the quarter just ended; the end-of-quarter balance in 
        the Fund; and the amount anticipated to be needed during the 
        immediately succeeding two quarters 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 addition, 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 immediately succeeding two fiscal years.

SEC. 222. FORFEITURE OF BENEFITS BY CONVICTED FELONS.

    (a) In General.--Any individual convicted of a violation of section 
1920 of title 18, or any other Federal or State criminal statute 
relating to fraud in the application 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 forfeiture 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 paragraph (2)), no benefits under 
        this title shall be paid or provided to any individual during 
        any period during which such individual is confined in a jail, 
        prison, 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, during the period of incarceration, 
        pay to these dependents 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 account 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 individuals' 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 appropriated 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 advance 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 
Compensation Fund and amounts made available by Department 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 reports 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 compensation 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 necessary 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 section 201(7), may be specified in 
regulations issued by the Secretary, after consultation with the agency 
that contracts to administer this title.

SEC. 227. CONSTRUCTION.

    References in this title to a provision of another statute 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 Energy employee's'' after 
``Federal employee's'' and by inserting ``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 Energy employees'' after 
``Federal employees'' and by inserting ``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 employees'' 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 information, or knowingly provides false information, 
or induces, compels, or directs an injured employee to forego filing of 
any claim for compensation or other benefits provided 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; Administrator.--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 jurisdiction 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 
authority 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 established in the OAC an 
Asbestos Compensation Fund for the purpose of providing payments to 
claimants in Los Alamos, 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 Administrative Law Judges for the purpose of 
providing expedited administrative adjudication of asbestos claims 
pursuant to section 305. The Administrator shall have authority to 
appoint Administrative Law Judges on a temporary or emergency basis and 
to remove such judges for good cause.
    (f) Medical Advisory Committee.--The Administrator shall appoint a 
Medical Advisory Committee which shall periodically evaluate this 
title's medical review process and medical eligibility criteria. The 
Administrator shall set a term of appointment for members of the 
Medical Advisory 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 
reimbursement in section 325.
    (b) Information for Medical Review.--The Administrator 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; occupational 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 provide such medical releases as the Administrator may 
        require allowing the OAC to obtain any and all medical 
        information relevant to the determination of medical 
        eligibility.
            (2) The Medical Director may require additional noninvasive 
        medical tests at the expense of the OAC if necessary for a 
        determination of medical eligibility.
    (c) Procedures.--Upon receipt of a complete medical 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 denied, the claimant shall be so notified and, at the 
claimant'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 physicians; 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 mesothelioma, 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 
exceptional 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 exceptional medical claims panel. 
The Medical Director shall issue a final denial, along with a brief 
statement of reasons, if the claimant is found ineligible following an 
opportunity 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 existence 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 expenses.
    (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 approvals and erroneous denials.
    (g) Opt-Out.--After receiving a certificate of eligibility, 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 jurisdiction.

SEC. 303. ELECTION OF ADMINISTRATIVE PROCESS; SETTLEMENT OFFERS.

    (a) Naming and Notification of Defendants.--Medically eligible 
claimants, other than those who elect to file suit in court under 
section 302(f), shall name defendants. Defendants shall receive notice 
from the Administrator.
            (1) Identification of defendants associated with work 
        sites.--At the claimant's request, the Administrator will 
        provide information concerning any person in Los Alamos, New 
        Mexico who may have provided asbestos or asbestos-containing 
        products or materials to work sites named by the claimant and 
        when such asbestos or asbestos-containing products or materials 
        may have been provided as well as the time such products or 
        materials were located at the named work sites. The 
        Administrator may implement this paragraph through rulemaking.
            (2) Verified particularized statement.--Within such time 
        after receiving a certificate of medical eligibility as may be 
        provided by rule, a claimant shall provide, with respect to 
        each person that the claimant alleges is responsible for the 
        injury claimed, a verified particularized statement of the 
        basis for the allegation that the person is or may be 
        responsible for the injury. The particularized statement shall 
        include such information as the Administrator may require for 
        the purpose of providing the defendant with a reasonable basis 
        for making an offer of settlement. The claimant may incorporate 
        by reference any information required by this paragraph that 
        may already have been submitted to the OAC.
            (3) Notice.--Upon finding that the claimant's 
        particularized statement meets the requirements of paragraph 
        (2), the Administrator shall provide notice to each named 
        defendant. The defendant shall at the same time be furnished 
        with a copy of all particularized statements submitted by the 
        claimant under paragraph (2) and, subject to reasonable rules 
        protecting the confidentiality of information provided by the 
        claimant, a copy of all information submitted by the claimant, 
        records and other information obtained by the Medical Director 
        relating to the claim and the results of any medical tests 
        administered at the direction of the Medical Director. Any 
        defendant may provide any information relevant to the amount of 
        any recommended settlement under subsection (b), including 
        information regarding product identification, exposure, and 
        damages.
            (4) Third-party practice.--Defendants may assert third-
        party claims in accordance with rules adopted by the 
        Administrator. Third-party claimants shall provide a verified 
        particularized statement, meeting the requirements of paragraph 
        (2), substantiating the allegation that the third-party 
        defendant may be liable to the third-party plaintiff, wholly or 
        in part, for the claimant's injury. For good cause shown and 
        subject to reasonable limitations, an Administrative Law Judge 
        may allow discovery for the purpose of obtaining information 
        necessary to allow the claimant or any third-party plaintiff to 
        provide a particularized statement under paragraph (2) or this 
        paragraph.
    (b) Settlement Offers; Offer of Compensation by the Trustee.--
            (1) Mandatory offer from defendants.--Within 21 days 
        following the naming of all defendants, each defendant shall 
        provide to the claimant in writing a good faith settlement 
        offer, and shall provide a copy to the Trustee.
            (2) Mandatory offer from asbestos compensation fund.--
        Within 10 days of receiving all of the defendants' offers, the 
        Trustee shall make an offer of compensation to the claimant, 
        based on a compensation grid which shall be established and 
        regularly revised by rule.

SEC. 304. CLAIMANT'S CHOICE OF FORUM.

    (a) In General.--The claimant shall notify each defendant and the 
Trustee whether the claimant accepts or rejects the defendant's 
settlement offer under section 303(b)(1). If the claimant accepts any 
such offer, or any other settlement offer, the Trustee's offer of 
compensation shall be automatically reduced by the amount of such 
settlements.
    (b) Notice.--The claimant shall notify the Trustee and any 
defendant within 60 days whether the claimant accepts or rejects an 
offer that has been provided pursuant to section 303(b)(1) or 
303(b)(2).
    (c) Orphan Shares.--The Trustee shall not make an offer to the 
claimant under section 303(b) if no solvent defendant has been named.
    (d) Acceptance.--If the claimant accepts the Trustee's offer of 
compensation, the Trustee shall assume the claim. The Trustee may 
accept any defendant's settlement offer under section 303(b)(1) or may 
prosecute the claim against any defendant as provided in section 305, 
or may prosecute the claim in any State or Federal court.
    (e) Rejection.--If the claimant rejects any defendant's settlement 
offer and also rejects the Trustee's offer of compensation, the 
claimant may elect an administrative adjudication under section 305 or 
opt out of further administrative proceedings and file suit in a State 
or Federal court.

SEC. 305. ADMINISTRATIVE ADJUDICATION.

    If a claimant elects adjudication under this section, the OAC shall 
assign an Administrative Law Judge to conduct a hearing on the record 
and to determine whether compensation is to be provided and the amount 
of such compensation. The Administrative Law Judge shall adhere to the 
law applicable to asbestos adjudications as contained in sections 310 
through 318. The Administrative Law Judge shall issue a decision, 
containing findings of fact and conclusions of law, as expeditiously as 
possible, but not later than 90 days after the case is assigned.

SEC. 306. APPEALS; JUDICIAL REVIEW.

    Any person aggrieved by a final decision of the Administrator under 
section 305 or a final denial by the Medical Director under section 
302, may seek review of that decision or denial in the United States 
Court of Federal Claims, which shall uphold the decision or denial if 
it is supported by substantial evidence and is not contrary to law. A 
decision by the Medical Director that a claimant has an eligible 
medical condition is not a final decision under this section. Decisions 
of the United States Court of Federal Claims are appealable, without 
regard to the amount in controversy or the citizenship of the parties, 
to a United States Court of Appeals for a judicial circuit.

SEC. 307. GATHERING AND MAINTENANCE OF INFORMATION.

    (a) Product Identification.--The OAC shall collect and regularly 
update information regarding product identification and shall make such 
information publicly available. The data base maintained by the OAC 
under this section is for information purposes only, and the presence 
of information in that database shall not lead to any presumption.
    (b) Settlements, Judgments, and Awards.--The OAC shall collect data 
on settlements, judgments, and awards in connection with asbestos 
claims and shall make such data publicly available. The OAC may require 
this data to be reported in such form as it may prescribe.
    (c) Subpoena Power.--The OAC may compel, by subpoena or other 
appropriate process, information from any person regarding past 
settlements or product identification for purposes of developing and 
maintaining a compensation grid under section 303(b)(2) and maintaining 
a database for purposes of naming defendants under section 303(a)(1). 
In addition, the subpoena power under this subsection may be used by 
the OAC in order to secure financial information from any defendant.
    (d) Confidentiality.--Any information or documentary material 
concerning settlements which is specific to a company, law firm, or 
plaintiff that is provided to the OAC pursuant to subsection (b) or 
(c), whether by subpoena or otherwise, shall be exempt from disclosure 
under section 552 of title 5, United States Code, and the disclosure of 
such information by the OAC or any person is prohibited.

SEC. 308. LEGAL ASSISTANCE PROGRAM.

    (a) In General.--The OAC shall implement a legal assistance program 
for the purpose of providing legal representation to claimants. The OAC 
shall maintain a roster of qualified counsel who agree to provide 
services to claimants under rules, practices, and procedures 
established by the Administrator.
    (b) Free Choice of Counsel.--Claimants shall not be required to use 
counsel provided or recommended by the OAC, but shall retain their 
right to be assisted by counsel of their choice.
    (c) Legal Assistance.--The OAC shall adopt rules concerning the 
reasonableness of fees, and all legal representation of persons 
asserting asbestos claims shall comply with such rules.

SEC. 309. TIME LIMITS FOR DISPOSITIONS.

    (a) In General.--If the Medical Director fails to meet the time 
limits for an initial decision provided under this title with respect 
to more than 30 percent of claims, then the Administrator shall take 
such action as may be necessary, including increasing staff and 
administrative assessments under section 330, to ensure compliance with 
such time limit with regard to at least 70 percent of claims.
    (b) No Offer.--If the Trustee fails to make an offer within 120 
days after the Administrator's receipt of a complete application under 
section 302 with respect to more than 30 percent of claims, then the 
Administrator shall take such action as may be necessary, including 
increasing staff and administrative assessments under section 330, to 
ensure compliance with such time limit with regard to at least 70 
percent of claims.
    (c) Duties.--The duties established by subsections (a) and (b) 
shall be nondiscretionary and enforceable by an order of mandamus from 
any judge of the United States Court of Federal Claims.
    (d) Exceptions.--The Administrator may by rule establish exceptions 
to the time limits in this section. Such rules shall take into 
consideration the complexity of the case, the extent to which delays 
are attributable to the fault or neglect of the claimant or the 
claimant's attorney and other factors that are beyond the control of 
the OAC.

          Subtitle B--Law Applicable to Asbestos Adjudications

SEC. 310. MEDICAL ELIGIBILITY.

    A claimant may recover compensation for damages caused by an 
eligible medical condition only if the claimant presents a certificate 
of medical eligibility establishing its existence. A certificate of 
medical eligibility shall be conclusive unless rebutted by clear and 
convincing evidence. However, a certificate of medical eligibility 
shall not be conclusive as to allegations regarding exposure to 
asbestos or when medical eligibility is established pursuant to section 
323(b).

SEC. 311. DAMAGES.

    A claimant who establishes an eligible medical condition shall be 
entitled to compensatory damages to the extent provided by applicable 
law, including damages for emotional distress, pain and suffering, and 
medical monitoring where authorized. Such damages shall not include 
punitive damages or damages solely for enhanced risk of a future 
condition, except as provided in section 308(d).

SEC. 312. STATUTE OF LIMITATIONS OR REPOSE.

    No defense to an asbestos claim based on a statute of limitations 
or statute of repose, laches, or any other defense based on the 
timeliness of the claim shall be recognized or allowed, unless such 
claim was untimely as of the date of enactment of this title. No claim 
shall be deemed to have accrued until and unless the claimant's 
condition would have qualified as an eligible medical condition under 
section 321, 322, 323, or 324.

SEC. 313. COME BACK RIGHTS.

    Notwithstanding any other provision of law, a judgment or 
settlement of an asbestos claim for a nonmalignant disease shall not 
preclude a subsequent claim with respect to the same exposed person for 
an eligible medical condition pursuant to section 320(b), 322, 323, or 
324.

SEC. 314. CLASS ACTIONS, AGGREGATIONS OF CLAIMS AND VENUE.

    (a) Consolidations.--No joinder of parties, aggregation of claims, 
consolidation of actions, extrapolation, or other device to determine 
multiple asbestos claims on a collective basis shall be permitted 
without the consent of all parties, except as provided in subsection 
(b) or unless the court, pursuant to an exercise of judicial authority 
to promote the just and efficient conduct of asbestos civil actions, 
orders such procedures, including the transfer for consolidation, to 
determine multiple asbestos claims on a collective basis.
    (b) Class Action Suits.--In any civil action asserting an asbestos 
claim, a class action may be allowed without the consent of all parties 
if the requirements of Rule 23, Federal Rules of Civil Procedure are 
satisfied.
    (c) Venue.--At the election of the claimant, an asbestos claim may 
be filed in any jurisdiction where the claimant is alleging that the 
claimant was exposed to asbestos or where the claimant is currently 
domiciled.
    (d) Removal.--Any party in a civil action that involves a violation 
of subsection (a), (b) or (c) of this section may remove such action to 
an appropriate district court of the United States. The district courts 
of the United States shall have jurisdiction of all civil actions 
removed pursuant to this section without regard to diversity of 
citizenship or amount in controversy.
    (e) Administrative Proceedings.--In any proceeding under section 
105, the Administrative Law Judge may order adjudication of claims on a 
collective basis.

SEC. 315. JOINT AND SEVERAL LIABILITY.

    This title shall not be construed to limit joint and several 
liability under applicable Federal or New Mexico law. In any core claim 
that is successfully asserted against a defendant, such defendant shall 
be held jointly and severally liable for full compensatory damages to 
the claimant notwithstanding any contrary provision of law.

SEC. 316. CORE CLAIMS.

    In any core claim, the issues to be decided shall be limited to--
            (1) whether the exposed person with respect to whom a claim 
        is made has or had an eligible medical condition;
            (2) whether the exposure of the exposed person to the 
        product of the defendant was a substantial contributing factor 
        in causing that eligible medical condition; and
            (3) the amount of compensation to be provided.

SEC. 317. SPECIAL RULES APPLICABLE TO SECTION 305 ADJUDICATIONS.

    (a) Applicable Law.--Unless otherwise provided in this title, in 
claims based on New Mexico law, the Administrative Law Judge shall, 
with respect to each defendant, apply the substantive law of New 
Mexico.
    (b) Full Compensatory Damages in Wrongful Death Cases.--
Notwithstanding any contrary provision of New Mexico law, full 
compensatory damages, including damages for noneconomic loss, shall be 
awarded in wrongful death claims involving mesothelima. In all other 
cases, damages for noneconomic loss may be awarded to the extent that 
they are available pursuant to applicable law.
    (c) Penalty for Inadequate Offer.--In any proceeding against a 
defendant by a claimant under section 305, and in any proceeding by the 
Trustee, if the final offer made by any defendant is less than the 
share of the total liability awarded against that defendant, a penalty 
shall be added to the award equal to 100 percent of the difference 
between the defendant's settlement offer under section 303(b) and the 
lesser of--
            (1) the defendant's share of the offer made by the Trustee 
        under section 303(b); or
            (2) the defendant's share of the award made under section 
        305.
    (d) Punitive Damages.--Punitive damages may be awarded against a 
defendant if the claimant establishes by clear and convincing evidence 
that the conduct carried out by the defendant with a conscious, 
flagrant indifference to the rights or safety of others was the 
proximate cause of the harm that is the subject of the asbestos claim. 
Punitive damages may not exceed 3 times the amount of the award 
pursuant to a section 305 adjudication plus any penalties added to that 
award pursuant to subsection (c).

SEC. 318. SPECIAL RULES APPLICABLE TO THE TRUSTEE.

    In an action by the Trustee as assignee of the claimant, the award 
under section 304(c) shall include compensatory damages for the 
claimant's injury and all punitive damages under section 317(d), any 
penalties for inadequate offers by defendants, and the Trustee's costs 
in establishing the claim, including reasonable attorneys' fees and 
expenses and an allowance for interest on the amount paid by the Fund 
to the claimant under section 304. Interest shall be calculated from 
the time of such payments, and in accordance with subtitle D. All 
economic and noneconomic damages recovered by the Fund in excess of 200 
percent of the amount paid to the claimant pursuant to section 304 and 
all punitive damages under section 317(d) shall be paid to the settling 
claimant. The fact that the claimant has accepted an offer of 
compensation by the Trustee, and the amount and terms of such offer, 
shall not be admissible in any adjudication of a claim brought by the 
Trustee against any defendant.

                Subtitle C--Eligible Medical Categories

SEC. 320. ELIGIBLE MEDICAL CATEGORIES.

    (a) In General.--The eligible medical categories under this title 
are asbestos-related nonmalignant conditions with impairment, asbestos-
related mesothelioma, asbestos-related lung cancer, and asbestos-
related other cancer.
    (b) Establishing Existence.--A claimant may establish the existence 
of an eligible medical condition either by demonstrating that the 
exposed person meets the standard criteria provided in sections 321, 
322, 323, and 324 or by demonstrating to an exceptional medical claims 
panel, through reliable evidence, that the exposed person has an 
asbestos-related impairment that is substantially comparable to the 
condition of an exposed person who would satisfy the requirements of a 
given medical category. The Administrator, after consultation with the 
Medical Advisory Committee, may adopt rules consistent with this 
section to assure consistency and efficiency in the designation of 
claims as exceptional medical claims.

SEC. 321. ASBESTOS-RELATED NONMALIGNANT CONDITIONS WITH IMPAIRMENT.

    (a) In General.--The standard criteria for asbestos-related 
nonmalignant conditions with impairment shall include--
            (1) clinical evidence of asbestosis,
            (2) pathological evidence of asbestosis, or
            (3) evidence of bilateral pleural thickening with 
        impairment.
    (b) Obstructive Lung Disease.--A claimant shall not be disqualified 
from compensation under this category solely because an exposed person 
who otherwise meets the requirements for impairment has a reduced FEV1/
FVC ratio indicating obstructive lung disease. In that event, the 
exceptional medical claims panel shall determine, giving due regard to 
the evidence that any impairment is related to obstructive disease and 
taking into consideration all available evidence, whether an asbestos-
related restrictive disease substantially contributes to the impairment 
of the exposed person. Such a contribution shall be presumed if the 
panel concludes, based upon the findings of a certified B-reader, that 
the exposed person's chest x-ray is ILO Grade 2/1 or more.

SEC. 322. ASBESTOS-RELATED MESOTHELIOMA.

    The standard criteria for asbestos-related mesothelioma shall 
include a diagnosis by a qualified physician of a malignant 
mesothelioma caused or contributed to by exposure to asbestos with a 
primary site in the pleura, peritoneum, or like tissue, or reasonably 
equivalent clinical diagnosis in the absence of adequate tissue for 
pathological diagnosis.

SEC. 323. ASBESTOS-RELATED LUNG CANCER.

    (a) In General.--The standard criteria for asbestos-related lung 
cancer shall include--
            (1) a diagnosis by a qualified physician of lung cancer 
        that the physician concludes was caused or contributed to by 
        exposure to asbestos;
            (2) a latency period of at least 10 years; and
            (3) either--
                    (A) evidence of asbestosis or bilateral pleural 
                thickening with impairment sufficient to meet the 
                requirements of section 321 or to qualify as an 
                exceptional medical claim under section 320(b); or
                    (B) chest x-rays which, in the opinion of a 
                certified B-reader, demonstrate asbestos-related 
                bilateral pleural plaques or thickening, and 7.5 
                equivalent-years of exposure to asbestos-containing 
                materials in employment regularly requiring work in the 
                immediate area of visible asbestos dust.
    (b) History of Smoking.--If a finding of asbestos-related lung 
cancer is made pursuant to paragraph (3)(B) and the exposed person has 
a substantial history of smoking, which shall be defined by rule, the 
claimant shall be medically eligible for compensation, but the finding 
of asbestos-related lung cancer shall not be conclusive as to causation 
for purposes of section 310.

SEC. 324. ASBESTOS-RELATED OTHER CANCER.

    The standard criteria for asbestos-related other cancer shall 
include a diagnosis by a qualified physician of a malignant primary 
tumor of the larynx, oral-pharynx, gastro-intestinal tract, or stomach, 
caused or contributed to by exposure to asbestos, together with 
evidence of a condition sufficient to meet the requirements of section 
321 or to qualify as an exceptional medical claim under section 320(b).

SEC. 325. MEDICAL TESTING REIMBURSEMENT.

    (a) Level A.--A claimant with at least 4 equivalent-years of heavy 
exposure to asbestos, whose chest x-ray shows either small irregular 
opacities of ILO Grade 1/0 or bilateral pleural thickening of ILO Grade 
B/2, shall be eligible for reimbursement of 100 percent of out-of-
pocket expenses for any medical testing required under section 302, up 
to a ceiling of $1,500. Level A claimants shall be eligible at 3 year 
intervals for similar reimbursement of future medical testing expenses 
for up to 2 additional occasions. Level A reimbursements shall be 
treated as administrative expenses of the OAC and paid for by 
defendants under section 401.
    (b) Level B.--The Administrator shall, subject to the availability 
of appropriated funds, reimburse up to 100 percent of the out-of-pocket 
expenses for any medical testing required under section 102, up to a 
ceiling established by rule, with the approval of the Trustee, for any 
claimant with at least one equivalent-year of heavy exposure to 
asbestos who meets the medical but not the exposure requirements of 
Level A. Level B claimants may be eligible for similar reimbursement of 
future medical testing expenses for up to 2 additional occasions at 
least 3 years apart. The Administrator shall adjust periodically the 
amount of the cash payment to reflect changes in medical costs. Level B 
reimbursements shall be treated as administrative expenses of the OAC 
and paid for by defendants under section 401.
    (c) Certified Labs.--The Administrator is authorized to establish a 
program for the certification of laboratories to provide medical 
testing under this section.
    (d) Exposure Verification.--The Administrator shall establish audit 
and other procedures to provide reasonable assurance that statements 
concerning exposure made by claimants seeking medical testing 
reimbursement under this section are accurate.

                          Subtitle D--Funding

SEC. 330. ASSESSMENT AND ENFORCEMENT.

    (a) Rules.--The Administrator shall adopt rules for calculating and 
collecting from defendants all costs associated with the determination 
of claims and payments to claimants.
    (b) Trustee.--The Trustee shall have authority to bring an action 
in the district courts of the United States to enforce any obligation 
imposed on any person by this section and such courts shall have 
exclusive jurisdiction of such actions without regard to the amount in 
controversy or citizenship of the parties. The district court shall not 
entertain any defense other than lack of jurisdiction in any action by 
the Trustee under this subsection.
    (c) Trustee Prevails.--In any action under subsection (b) in which 
the Trustee prevails, the Trustee shall be entitled to costs, including 
reasonable attorneys' fees, and interest on any unpaid amount.
    (d) Judicial Review.--A defendant may challenge the legality or 
amount of any assessment only by seeking judicial review in the United 
States Court of Federal Claims after paying the disputed amount. If 
successful, the defendant shall be awarded interest.

SEC. 331. FISCAL AND FINANCIAL MANAGEMENT OF THE ASBESTOS COMPENSATION 
              FUND.

    (a) Applicability of Credit Reform Act Principles; Fiscal 
Management Rules.--Except as provided in this section, the operations 
of the Fund related to settlement payments under section 304, and 
associated recoveries from defendants, shall be governed by the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), notwithstanding the 
status of the Fund as a governmental entity. The Administrator shall 
promulgate rules, approved by the Office of Management and Budget, for 
the fiscal management of the Fund. Such rules and their application 
shall not be subject to judicial review and shall, as regards payments 
under section 304--
            (1) provide all reasonable assurance that, over an 
        appropriate time period, the subsidy rate associated with the 
        net litigation risk of the Fund is zero;
            (2) provide all reasonable assurance that, in any given 
        year, the subsidy rate associated with the net litigation risk 
        of the Fund is no more than 2 percent;
            (3) provide for the allocation of receipts from defendants 
        to various Fund accounts, including the Fund's financing 
        account, program account, and an account for salaries and 
        expenses (which shall include litigation costs); and
            (4) provide specific instructions for the Trustee to reduce 
        payments by the Fund when necessary to meet the solvency 
        requirements of this subsection.
    (b) Financing of the Fund, Settlement Payments to Claimants.--
            (1) Credit reform principles.--The Fund is authorized to 
        receive from defendants, as offsetting receipts, any amounts 
        related to settlements or judgments, including damages, 
        interest, litigation costs, specific administrative costs that 
        may be required by the Administrator through rulemaking, and 
        interest costs incurred by the Fund in connection with payment 
        of settlement offers made under section 103. Amounts received 
        from defendants as interest shall be sufficient to pay interest 
        costs due to the United States Treasury from the financing 
        account, plus the subsidy costs of the program account, 
        provided that the latter amounts may not exceed 3 percent of 
        the amount of any settlement or award. Recoveries on a claim by 
        the Fund in excess of the settlement amount paid to the 
        claimant and other costs of the Fund which are not paid to the 
        claimant under section 209 shall be available to the program 
        account as a reduction to subsidy costs in the current or any 
        subsequent year.
            (2) Authority.--The program account shall have permanent 
        indefinite authority, not subject to further appropriation, to 
        transfer funds to the finance account in accordance with 
        principles of the Credit Reform Act.

SEC. 332. AUTHORIZATION FOR APPROPRIATIONS AND OFFSETTING COLLECTIONS.

    (a) In General.--There are authorized to be appropriated--
            (1) to the OAC such sums as may be required to perform 
        responsibilities under this title;
            (2) to the United States Court of Federal Claims, such sums 
        as may be required to carry out its responsibilities under this 
        title; and
            (3) to the OAC an amount not to exceed $100 million, for a 
        one-time loan to the Fund in connection with startup expenses, 
        such loan to be repaid by the Fund with interest;
The total of appropriations provided under this subsection in the first 
year after the date of enactment not exceed $250 million and in any 
subsequent year not exceed $150 million.
    (b) Offsetting Collections of Administrative Assessments.--The OAC 
is authorized to receive and to expend in any year, as offsetting 
collections, all administrative assessments or prepaid administrative 
assessments and all costs and penalties paid to it.

                         Subtitle E--Transition

SEC. 335. APPLICABILITY; TRANSITIONAL CIVIL ACTIONS.

    (a) In General.--This title shall be effective upon its date of 
enactment with respect to any civil action asserting an asbestos claim 
in which trial has not commenced as of that date.
    (b) Pending Claim.--A claimant with a pending civil claim on the 
date of enactment shall not be required to obtain a certificate of 
medical eligibility or otherwise exhaust the procedures set forth in 
subtitle A if trial commences within 6 months of the date of enactment 
of this title. This 6-month period may be extended by the Attorney 
General for up to an additional 6 months if required for the orderly 
implementation of this title, and after reporting to the Congress the 
reasons for any such extension.
    (c) Right To Sue Letter.--If a claimant with--
            (1) a pending civil action on the date of enactment of this 
        title, and
            (2) a scheduled trial date within one year after the date 
        of enactment of this title
does not receive an initial decision on medical eligibility within the 
time period prescribed in section 302(c), the claimant may request a 
right-to sue letter from the Administrator at any time prior to the 
issuance of that initial decision. If the Attorney General determines 
that the 6-month period in subsection (b) should be extended, the one-
year period in the preceding sentence shall be similarly extended. The 
Administrator shall issue a right-to-sue letter or an initial decision 
under section 102 within 10 days following the receipt of the 
claimant's request. A claimant who receives a right-to-sue letter may 
assert the claimant's asbestos claim in any competent forum 
notwithstanding section 301(b).
    (d) Claim in Another Forum.--Any claimant who asserts his claim in 
a forum other than the OAC under subsections (b) or (c) must 
demonstrate that the exposed person has qualified for medical 
eligibility under section 320, 321, 322, 323, 324, or 325.

                        Subtitle F--Definitions

SEC. 340. DEFINITIONS.

    In this title:
            (1) Asbestos claim.--The term ``asbestos claim'' means any 
        claim for damages or other relief, arising out of, based on, or 
        related to the health effects of occupational exposure to 
        asbestos, including any claim for personal injury, death, 
        mental or emotional injury, risk of disease or other injury, or 
        the costs of medical monitoring or surveillance, and including 
        any claim made by or on behalf of any exposed person or any 
        representative, spouse, parent, child, or other relative of any 
        exposed person. The term does not include any claim for 
        workers' compensation benefits, or any claim by an employer or 
        insurer for reimbursement from a third-party for benefits paid 
        under a workers' compensation plan, or any claim for benefits 
        under a veterans' benefits program.
            (2) Asbestos trust.--The term ``asbestos trust'' means a 
        court-supervised trust established to resolve asbestos claims 
        arising directly or indirectly from exposure to asbestos or 
        asbestos-containing products, including a trust created 
        pursuant to the bankruptcy laws of the United States or Rule 23 
        of the Federal Rules of Civil Procedure.
            (3) Certificate of medical eligibility.--The term 
        ``certificate of medical eligibility'' means a certificate 
        issued to a claimant pursuant to this title certifying that an 
        exposed person meets the requirements of one or more eligible 
        medical categories or qualifies as an exceptional medical 
        claim.
            (4) Certified b-reader.--The term ``certified B-reader'' 
        means an individual qualified as a ``final' or ``B-reader'' 
        under 42 C.F.R. 37.51(b) (1997) (and any subsequent revisions 
        thereof) whose certification is current.
            (5) Chest x-rays.--The term ``chest x-rays'' means chest 
        radiographs taken in at least 2 views (Posterior-Anterior and 
        Lateral) and graded quality 1 for reading according to the 
        criteria established by the ILO. If the claimant is unable to 
        provide quality 1 chest x-rays because of death or because of 
        an inability to have new chest x-rays taken, chest x-rays 
        graded quality 2 will be acceptable.
            (6) Civil action.--The term ``civil action'' means any 
        action, lawsuit, or proceeding in any New Mexico, Federal, or 
        tribal court, but does not include--
                    (A) a criminal action; or
                    (B) an action relating to New Mexico or Federal 
                workers' compensation laws, or a proceeding for 
                benefits under any veterans' benefits program.
            (7) Claimant.--The term ``claimant'' means any exposed 
        person in Los Alamos, New Mexico, or the person's legal 
        representative, and any relative of an exposed person or their 
        legal representative, who asserts an asbestos claim.
            (8) Clinical evidence of asbestosis.--The term ``clinical 
        evidence of asbestosis'' means a diagnosis of pulmonary 
        asbestosis by a qualified physician based on the minimum 
        objective criteria of--
                    (A) Chest x-rays for which a B-reader report is 
                furnished showing small irregular opacities of ILO 
                Grade 1/0 and pulmonary function testing and physical 
                examination that show either--
                            (i) FVC <80% of predicted value with FEV1/
                        FVC<gr-thn-eq> 75% (actual value); or
                            (ii) TLC <80% of predicted value, with 
                        either DLCO<ls-thn-eq> 76% of predicted value 
                        or bilateral basilar crackles, and also the 
                        absence of any probable explanation for this 
                        DLCO result or crackles finding other than the 
                        presence of asbestos lung disease; or
                    (B) Chest x-rays for which a B-reader report is 
                furnished showing small irregular opacities of ILO 
                Grade 1/1 or greater and pulmonary function testing 
                that shows either--
                            (i) FVC <80% of predicted value with FEV1/
                        FVC<gr-thn-eq> 72% (actual value) or, if the 
                        individual tested is at least 68 years old at 
                        the time of the testing, with FEV1/
                        FVC<gr-thn-eq> 65% (actual value); or
                            (ii) TLC <80% of predicted value.
            (9) Compensatory damages.--The term ``compensatory 
        damages'' means damages awarded for economic loss, such as 
        medical expenses, as well as noneconomic loss. Noneconomic loss 
        includes subjective, nonpecuniary loss, such as pain, 
        suffering, inconvenience, emotional distress, loss of society 
        and companionship, and loss of consortium.
            (10) Core claim.--The term ``core claim'' means an asbestos 
        claim against a defendant who either--
                    (A) manufactured any asbestos-containing product 
                which released asbestos fibers to which the exposed 
                person was exposed, and paid out $50,000,000 in respect 
                of such claims cumulatively over the 10 year period 
                preceding the filing of the claim; or
                    (B) was not a manufacturer but paid out 
                $100,000,000 in respect of such claims cumulatively 
                over the 10 year period preceding the filing of the 
                claim; provided that the alleged liability is not based 
                upon the control or ownership of property.
            (11) Defendant.--The term ``defendant'' means any person in 
        Los Alamos, New Mexico, who is or may be responsible for the 
        asbestos-related condition of the exposed person and who is so 
        notified by the Administrator pursuant to subtitle A. The term 
        does not include--
                    (A) an asbestos trust in existence as of the date 
                of enactment of this title unless the trust elects to 
                be covered by this title under section 345(b); or
                    (B) the United States Government or the government 
                of New Mexico.
            (12) DLCO.--The term ``DLCO'' means single-breath diffusing 
        capacity of the lung (carbon monoxide), which is a measure of 
        the volume of carbon monoxide transferred from the alveoli to 
        blood in the pulmonary capillaries for each unit of driving 
        pressure of the carbon monoxide.
            (13) Equivalent-year.--The term ``equivalent-year'' means a 
        measure of exposure to asbestos adjusted to reflect varying 
        exposure levels typical of different occupations. Each year of 
        exposure in which an exposed person's primary occupation 
        involved the direct installation, repair, or removal of 
        asbestos-containing products, shall count as one year. Each 
        year of such occupational exposure in which the exposed 
        person's primary occupation involved either the direct 
        manufacture of asbestos-containing products using raw asbestos 
        fiber or the direct installation, repair, or removal of 
        asbestos-containing products shall count as 2 years. Each year 
        of exposure in occupations not described above shall count as 
        one-half year.
            (14) Evidence of bilateral pleural thickening with 
        impairment.--The term ``evidence of bilateral pleural 
        thickening with impairment'' means a diagnosis of bilateral 
        pleural thickening by a qualified physician based on the 
        minimum objective criteria of either--
                    (A) Chest x-rays for which a B-reader report is 
                furnished showing bilateral pleural thickening of ILO 
                Grade B/2 with pulmonary function testing and physical 
                examination that show either--
                            (i) FVC <80% of predicted value with FEV1/
                        FVC<gr-thn-eq> 75% (actual value); or
                            (ii) TLC <80% of predicted value, with 
                        either DLCO<ls-thn-eq> 76% of predicted value 
                        or bilateral basilar crackles, and also the 
                        absence of any probable explanation for this 
                        DLCO result or crackles finding other than the 
                        presence of asbestos lung disease; or
                    (B) Chest x-rays for which a B-reader report is 
                furnished showing bilateral pleural thickening of ILO 
                Grade C/2 or greater; and pulmonary function testing 
                that shows either--
                            (i) FVC <80% of predicted value with FEV1/
                        FVC<gr-thn-eq> 72% (actual value) or, if the 
                        individual tested is at least 68 years old at 
                        the time of the testing, with FEV1/
                        FVC<gr-thn-eq> 65% (actual value); or
                            (ii) TLC <80% of predicted value.
            (15) Exposed person.--The term ``exposed person'' means any 
        person who has been exposed in Los Alamos, New Mexico to 
        asbestos or to asbestos-containing products.
            (16) FEV1.--The term ``FEV1'' means forced expiratory 
        volume (1 second), which is the maximal volume of air expelled 
        in one second during performance of the spirometric test for 
        forced vital capacity (FVC).
            (17) Fund.--The term ``Fund'' means the Asbestos 
        Compensation Fund.
            (18) FVC.--The term ``FVC'' means forced vital capacity, 
        which is the maximal volume of air expired with a maximally 
        forced effort from a position of maximal inspiration.
            (19) ILO.--The term ``ILO'' means the International Labour 
        Organization.
            (20) ILO grade.--The term ``ILO grade'' means the 
        radiological ratings for the presence of lung or pleural 
        changes by chest x-ray as established from time to time by the 
        ILO.
            (21) Latency period.--The term ``latency period'' means the 
        period from the date of the exposed person's first exposure to 
        asbestos or an asbestos-containing product to the date of 
        manifestation of the condition claimed.
            (22) Lung cancer.--The term ``lung cancer'' means a primary 
        malignant bronchogenic tumor, of any cell type, caused or 
        contributed to by exposure to asbestos.
            (23) Manifestation.--The term ``manifestation'' means 
        either the date of the actual diagnosis of the condition 
        claimed, or the date upon which the clinical records and 
        available tests indicate that the condition could reasonably 
        have been diagnosed by a qualified physician.
            (24) Net litigation risk.--The term ``net litigation risk'' 
        means the risk to the Asbestos Compensation Fund that amounts 
        paid out to claimants, plus associated interest and litigation 
        expenses, will exceed amounts recovered from defendants, 
        expressed as a percentage of sums expended, and estimated for a 
        specific cohort of transactions. Losses on particular claims 
        are netted against excess recoveries on other claims.
            (25) OAC.--The term ``OAC'' means the Office of Asbestos 
        Compensation.
            (26) Occupational history.--The term ``occupational 
        history'' means a listing of all employment positions, 
        providing for the dates and location of employment, the 
        employer, and a description of job responsibilities and 
        activities.
            (27) Party.--The term ``party'' does not include the United 
        States Government or the government of New Mexico.
            (28) Pathological evidence of asbestosis.--The term 
        ``pathological evidence of asbestosis'' means diagnosis of 
        pulmonary asbestosis by a qualified physician based on a 
        finding that more than one representative section of lung 
        tissue otherwise uninvolved with any other process (e.g., 
        cancer or emphysema) demonstrates a pattern of peribronchiolar 
        or parenchymal scarring in the presence of characteristic 
        asbestos bodies, and also that there is no other more likely 
        explanation for the presence of the fibrosis.
            (29) Person.--The term ``person'' means an individual, 
        trust, firm, corporation, association, partnership, or joint 
        venture. The term does not include--
                    (A) an asbestos trust in existence as of the date 
                of enactment of this title unless the trust elects to 
                be covered by this title under section 345(b); or
                    (B) the United States Government or the government 
                of New Mexico.
            (30) Physician.--The term ``physician'' means a medical 
        doctor or doctor of osteopathy currently licensed to practice 
        medicine in any State who has not, within the 5-year period 
        prior to the date of enactment of this title, spent more than 
        one half of the doctor's professional time, or derived more 
        than one-half of the doctor's professional income, either 
        annually or in total, either reviewing or testifying in any 
        forum on medical-legal issues related to asbestos.
            (31) Predicted value.--The term ``predicted value'' means a 
        published reference to the normal breathing capacity of healthy 
        populations based on age, height, and gender, as approved by 
        the Medical Director, pursuant to a rule, issued within 120 
        days of the date of enactment. For the purposes of this title, 
        the use of any published, predicted values that are generally 
        accepted in the medical community shall be acceptable and such 
        values may not be adjusted for race.
            (32) Pulmonary function testing.--The term ``pulmonary 
        function testing'' means tests for forced vital capacity, lung 
        volume, and diffusing studies using equipment, tests and 
        standards generally accepted in the medical community, as 
        approved by the Medical Director, pursuant to a rule, issued 
        within 120 days of enactment of this title. Such pulmonary 
        function test shall not be adjusted for race.
            (33) Punitive damages.--The term ``punitive damages'' means 
        damages, in addition to compensatory damages, awarded against 
        any person to punish past conduct or deter that person, or 
        others, from engaging in similar conduct in the future.
            (34) Qualified physician.--The term ``qualified physician'' 
        means, with respect to a diagnosis or other medical judgment or 
        procedure under this title, an internist, pulmonary specialist, 
        pathologist, radiologist, oncologist, or specialist in 
        occupational medicine with an appropriate subspecialty, as 
        appropriate, who is certified by the relevant medical specialty 
        board.
            (35) Qualifying national settlement plan.--The term 
        ``Qualifying National Settlement Plan'' means a written 
        agreement or related series of written agreements with 
        claimants or with attorneys or law firms representing 
        claimants, pursuant to which a person who is or may be 
        responsible for such claims has resolved or agreed to resolve 
        at least 50 percent of the asbestos claims that were pending 
        against such person.
            (36) TLC.--The term ``TLC'' means total lung capacity, 
        which is the volume of air in the lung after maximal 
        inspiration.
            (37) Trustee.--The term ``Trustee'' means the Trustee of 
        the Asbestos Compensation Fund.
            (38) Veterans' benefits program.--The term ``veterans' 
        benefits program'' means any program for benefits in connection 
        with military service administered by the Veterans' 
        Administration under Title 38, United States Code.
            (39) Workers' compensation law.--The term ``workers' 
        compensation law'' means a law respecting a program 
        administered by New Mexico or the United States to provide 
        benefits, funded by a responsible employer or its insurance 
        carrier, for occupational diseases or injuries or for 
        disability or death caused by occupational diseases or 
        injuries. The term includes the Longshore and Harbor Workers' 
        Compensation Act (33 U.S.C. 901-944, 948-950), but does not 
        include the Employer's Liability Act (45 U.S.C. chapter 2).

                  Subtitle G--Miscellaneous Provisions

SEC. 345. RELATIONSHIP TO OTHER LAWS.

    (a) Applicability of Other Federal Laws.--The OAC may, with the 
approval of the Director of the Office of Management and Budget, waive 
the applicability in whole or in part of personnel and procurement laws 
and regulations, provided that any such waiver must be specific, must 
be subject to periodic review and evaluation, and must be reasonably 
related to the goals of expeditious, professional, efficient, cost-
effective and fair resolution of asbestos claims.
    (b) Application to Existing Asbestos Trusts.--
            (1) In general.--This title shall not apply to any asbestos 
        trust in existence as of the date of enactment of this title, 
        except as provided in paragraph (2).
            (2) Election.--An asbestos trust may elect to be subject to 
        this title by providing written notice of such election to the 
        OAC, in which case the trust will have the same rights and 
        responsibilities under this title as any person who is not a 
        trust. A valid election under this paragraph shall be 
        irrevocable.
    (c) Settlements Preserved.--Nothing in this title--
            (1) invalidates any settlement of asbestos claims entered 
        into prior to the date of enactment of this title; or
            (2) revokes or negates any asbestos defendant's standing 
        offer to settle existing asbestos claims.
    (d) Other Compensation.--This title shall not be construed to 
affect the scope or operation of any workers' compensation law or 
veterans' disability benefit program, to affect the exclusive remedy 
provisions of any such law, or to authorize any lawsuit which is barred 
by any such provision of law.
    (e) Successor Liability.--Nothing in this title is intended to 
displace otherwise applicable law governing any liability arising from 
the defendants' status as transferee or successor with respect to a 
change in ownership of corporate assets.

SEC. 346. ANNUAL REPORTS.

    The Administrator shall submit an annual report to the President 
and Congress.

SEC. 347. ENFORCEMENT.

    The Administrator may enforce any obligation imposed on any person 
by this title in a district court of the United States, and such courts 
shall have exclusive jurisdiction over such actions without regard to 
the amount in controversy or citizenship of the parties. The 
Administrator, if successful, shall be entitled to costs, including 
attorney's fees.

SEC. 348. QUALIFYING NATIONAL SETTLEMENT PLAN.

    Any defendant which is party to a Qualifying National Settlement 
Plan may elect to defer the application of this title (other than 
sections 310 through 316 and section 335) to asbestos claims against 
that defendant for a period not exceeding 7 years from a date relative 
to the commencement of the Qualified National Settlement Plan. The 
Administrator shall, by rule, adopt procedures for processing requests 
for deferral under this section. If the request for deferral is 
accepted, the deferred defendant and any asbestos claims or third party 
asbestos claims against the deferred defendant shall not be subject to 
the provisions of this title (other than sections 310 through 316 and 
section 335).

SEC. 349. SEVERABILITY.

    If any provision of this title or the application of such provision 
to any person or circumstance is held invalid, it is the intent of 
Congress that the remainder of this title and application of such 
provision to other persons or circumstances shall not be affected 
thereby.

SEC. 350. SETTLEMENTS.

    For a period of 7 years after the date of enactment of this title, 
a claimant or a defendant may specifically enforce, in any applicable 
Federal or State court where the claimant is alleging that the claimant 
was exposed to asbestos or where the claimant is currently domiciled, 
any written settlement agreement which was agreed to by the claimant or 
the claimant's attorney and the defendant before such date of 
enactment.

    TITLE IV--EMPLOYEES EXPOSED TO TOXIC SUBSTANCES AND HEAVY METALS

SEC 401. ELIGIBILITY OF EMPLOYEES EXPOSED TO OTHER TOXIC SUBSTANCES AND 
              HEAVY METALS.

    (a) In General.--A claim may be submitted under this title for 
compensation for illnesses, impairments, diseases, or death for which 
the claimant can establish that exposure to a hazardous substance 
occurred while a covered employee, as defined under section 201(5), 
while employed at a Department of Energy facility listed under section 
201(4), and that such exposure was a contributing factor to the 
illness, disease, or death. Claims shall be submitted in the manner 
specified under section 8121 of title 5, United States Code, for a 
determination pursuant to section 212. Except as provided in this 
title, claims shall be administered and compensation paid pursuant to 
the terms and conditions of this title. Claims for occupational 
illness, disease or death shall not be covered under this title which 
are specifically covered under title I (beryllium diseases), title II 
(radiogenic diseases), or title III (asbestos diseases).
    (b) Questionnaire.--The Secretary of Labor shall develop a 
questionnaire for the claimant to identify the history of employment 
hazards to a covered employee at a Department of Energy facility and to 
provide documentation to support the claim. The Secretary of Labor 
shall provide the claimant with an opportunity to identify documents 
and information in the possession of the Department of Energy or its 
contractors which the claimant believes will support their claim.

SEC 402. ESTABLISHMENT OF A PHYSICIANS PANEL BY THE SECRETARY OF HEALTH 
              AND HUMAN SERVICES.

    (a) In General.--The Secretary of Health and Human Services shall, 
in consultation with the Association of Occupational Health Clinics, 
appoint one or more 3-member Physicians Panels, depending on geographic 
needs and the size of the caseload, composed of physicians with 
experience and competency in diagnosing occupational illnesses. Each 
member 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 the panel. The Secretary shall also provide 
necessary administrative support for the panel to conduct its work.
    (b) Deemed Expert Panel.--The Secretary of Labor shall deem the 
panel appointed under subsection (a) to be an expert panel for purposes 
of medical recommendation. However, a claimant may seek and present a 
second opinion to the Secretary of Labor in the event that a claimant 
disputes a determination or recommendation by a panel.
    (c) Costs.--Costs of operating the panels shall be reimbursed by 
the Secretary of Energy from the Energy Employees Occupational Illness 
Act Fund.

SEC. 403. ELIGIBILITY DETERMINATION.

    (a) In General.--The Secretary of Labor shall forward claims to the 
Secretary of Health and Human Services when there is a need for a 
determination whether occupational exposure to a hazardous substance 
was a contributing factor to the illness, impairment, disease, or death 
of a claimant, and the Secretary of Labor is unable to make an 
affirmative determination based on the information submitted by the 
claimant.
    (b) Panel and Claims.--Upon receipt of a claim from the Secretary 
of Labor, the Secretary of Health and Human Services shall forward such 
claims within 7 days to a physicians panel. The Secretary shall, upon 
passage, develop procedures for receiving, tracking, and returning 
recommendations to the Secretary of Labor, and for employing and 
providing services to the panels.
    (c) Panel Action.--The panels shall promptly review claims, 
including medical records and work history, submitted by the Secretary 
of Labor, and determine whether exposure to a hazardous substances was 
a contributing factor to the employee s illness, disease, or death. 
Claims shall be reviewed and determinations issued, whenever practical, 
within 60 days. If a determination shall take more than 60 days, the 
Secretary of Labor and the claimant shall be notified of the date by 
which a determination shall be issued.
    (d) Exposure Information.--Where exposure information is 
insufficient or non existent, the panels shall evaluate exposure risks 
by determining the nature of the job hazards by identifying job titles 
held by the employee, length of employment, type of work activities, 
types of occupational hazards, length of time exposed to these hazards, 
whether there was adequate protective equipment, whether there was full 
knowledge by employee of exposure to hazards, whether more than one 
hazard presents an additive or multiplicative effect, whether employee 
was involved in accidental release or accident, and whether similarly 
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 Energy or its contractors supply 
additional information. A copy of the recommendation shall be provided 
to the claimant 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 securing medical testing and diagnostic 
services necessary to determine the existence 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 
expenses.

SEC 404. ESTABLISHMENT OF OCCUPATIONAL DISEASE PRESUMPTIONS.

    (a) In General.--In addition to the occupational disease 
presumptions established in titles I and II, the Secretary of Health 
and Human Services shall direct that a panel establish a list of 
illnesses and diseases which, based on occupational exposure to certain 
hazardous substances or based on employment in certain industrial or 
laboratory processes, are potentially attributable to employment at 
Department of Energy facilities. This list of presumptions shall serve 
as guidance to the panels in expediting and improving the quality of 
recommendations, and shall be provided to the Secretary of Labor for 
use in developing guidance for making claims determinations. Such list 
shall be published 12 months after the establishment of this program, 
updated on an annual basis thereafter, and provided as a report to 
Congress.
    (b) List of Presumptions.--In establishing a list of presumptions, 
a panel shall--
            (1) identify and categorize the types and patterns of 
        diseases which are potentially attributable to employment at a 
        listed Department of Energy facility, including those 
        illnesses, impairments, diseases, and deaths identified through 
        medical screening programs conducted through the Department of 
        Energy's Office of Environment, Safety and Health, (including 
        the former worker medical program authorized under Section 3162 
        of the Fiscal Year 93 Defense Authorization Act (42 USC 
        7274(i))), National Institute of Occupational Safety and Health 
        health studies, peer reviewed epidemiology studies, and 
        Department of Energy medical programs;
            (2) identify and apply presumptions that are supported in 
        the scientific and medical literature and in standards 
        established by the Committee on the Biological Effects of 
        Ionizing Radiation of the National Academy of Sciences, and 
        where there are biological indicators that can be used, a panel 
        shall specify diagnostic tests required to establish a 
        presumption that exposure or ingestion of a particular 
        substance or compound will significantly contribute to illness, 
        impairments, disease, or death;
            (3) evaluate site specific history of working conditions at 
        certain types of facilities (such as gaseous diffusion plants, 
        calcining facilities, reactors, etc.), and the adequacy of 
        protective measures provided to exposed workers over the 
        history of operations;
            (4) determine whether patterns of diseases exist that are 
        potentially attributable linked to workplace exposures;
            (5) determine whether workers were adequately informed of 
        exposure hazards;
            (6) determine whether there are presumptions of workplace 
        causation that have been established for workers similarly 
        exposed in other hazardous industries or occupations (such as 
        firefighters);
            (7) determine whether workers were involved in accidents 
        where excessive exposures occurred;
            (8) determine whether workers exposed to hazardous 
        substances received adequate follow-on emergency medical 
        treatment and monitoring and subsequent medical attention to 
        determine health impairment; and
            (9) evaluate other factors that a panel deems prudent and 
        necessary.
Moreover, in addition to the 9 forgoing factors, a panel shall evaluate 
those circumstances where covered employees, without their knowledge 
and consent, were placed at undue risk to hazardous substances without 
adequate protections or monitoring and shall recommend whether fairness 
and equity require that a presumption be established in favor of 
employees for eligibility for compensation for illnesses, impairments 
and diseases. Such recommendation shall be incorporated in the annual 
report and transmitted to Congress.
    (d) Review of Data.--The Department of Energy shall submit reports 
to the Secretary of Health and Human Services who shall, in turn, 
provide panels with information on (1) historic exposure assessments 
and (2) reports on ES&H practices, and (3) medical findings and data on 
the Department of Energy Medical Surveillance Program carried out under 
section 3162 of the 1993 Defense Authorization Act.

SEC. 405. PANEL SHALL REPORT DETERMINATION TO SECRETARY OF LABOR.

    Once a panel has made a recommendation on a claim referred by the 
Secretary of Labor, it shall report its recommendation to the Secretary 
of Labor within 7 days of approving a recommendation with an outline of 
the reasons for the determination. The panel shall make its 
recommendation on the basis of whether workplace exposures to hazardous 
substances were a substantial contributing factor to the illness, 
impairment, disease, or death.
                                 <all>