[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4398 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4398

 To establish a compensation and health care program for employees of 
the Department of Energy, its contractors, subcontractors, and certain 
  vendors, who have sustained beryllium and radiation-related injury, 
illness, or death due to the performance of their duties, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2000

Mr. Whitfield (for himself, Mr. Strickland, Mr. Kanjorski, Mr. Lucas of 
Kentucky, Mr. Udall of Colorado, Mr. Udall of New Mexico, Mr. Gibbons, 
   Mr. Brown of Ohio, Mr. Gordon, Mr. Clement, and Mr. Hall of Ohio) 
 introduced the following bill; which was referred to the Committee on 
 the Judiciary, and in addition to the Committees on Education and the 
   Workforce, Ways and Means, Transportation and Infrastructure, and 
    Banking and Financial Services, 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 of 
the Department of Energy, its contractors, subcontractors, and certain 
  vendors, who have sustained beryllium and radiation-related 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 ``Energy Employees 
Occupational Illness and Compensation Act of 2000''.
    (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. Civil Service retention rights.
Sec. 124. Annual report.
Sec. 125. Authorization of appropriations.
Sec. 126. Regulations.
Sec. 127. Construction.
Sec. 128. Conforming amendments.
Sec. 129. 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. Civil Service retention rights.
Sec. 223. Annual report.
Sec. 224. Authorization of appropriations.
Sec. 225. Regulations; regulatory authority.
Sec. 226. Construction.
Sec. 227. Conforming amendments.
Sec. 228. Effective date.
   TITLE III--EMPLOYEES EXPOSED TO TOXIC SUBSTANCES AND HEAVY METALS

Sec. 301. Eligibility of employees exposed to other toxic substances 
                            and heavy metals.
Sec. 302. Establishment of a physicians panel by the Secretary of 
                            Health and Human Services.
Sec. 303. Eligibility determination.
Sec. 304. Establishment of occupational disease presumptions.
Sec. 305. Panel shall report determination to Secretary of Labor.
                      TITLE IV--COMPENSATION FUND

Sec. 401. Energy Employees' Occupational Illness Compensation Fund.
                TITLE V--ECONOMIC DEVELOPMENT ASSISTANCE

Sec. 501. Eligibility of communities containing Department of Energy 
                            defense nuclear facilities.

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 and at vendor sites 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 non-malignant 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 and radiation-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 or were 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, but 
        shall not include any Naval Reactors facility.
            (4) Beryllium vendor.--The term ``beryllium vendor'' means:
                    (A) Atomics International.
                    (B) Brush Wellman, Inc. and its predecessor, Brush 
                Beryllium Company.
                    (C) General Atomics.
                    (D) General Electric Company.
                    (E) NGK Metals Corporation and its predecessors: 
                Kawecki-Berylco, Cabot Corporation, BerylCo, and 
                Beryllium Corporation of America.
                    (F) Nuclear Materials and Equipment Corporation.
                    (G) StarMet Corporation, and its predecessor, 
                Nuclear Metals, Inc.
                    (H) Wyman Gordon, Inc.
                    (I) Any other vendor, processor, or producer of 
                beryllium or related products designated as a beryllium 
                vendor for the purposes of this title in regulations 
                issued by the Secretary pursuant to section 104.
            (5) 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.
            (6) Covered employee.--The term ``covered employee'' 
        means--
                    (A) an employee of any entity 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);
                    (B) an employee of a beryllium vendor during a 
                period of time when that entity was engaged in 
                activities related to beryllium that was produced or 
                processed for sale to, or use by, the Department of 
                Energy; or
                    (C) 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 or at a facility owned, operated, or occupied 
                by a beryllium vendor.
                    (D) an individual who was a resident of Lorain 
                County, Ohio, before 1950 in the area in which the 
Brush Beryllium Company was located and who has been diagnosed with a 
covered illness.
        An individual described in subparagraph (D) shall for purposes 
        of section 109 be considered to have been exposed to beryllium 
        in the performance of duty.
            (7) 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;
                            (iii) for covered employees diagnosed 
                        before 1993, the presence of subclause (I) and 
                        at least 2 others--
                                    (I) occupational or environmental 
                                history or epidemiologic evidence of 
                                beryllium;
                                    (II) characteristic chest 
                                radiographic (or computer tomography 
                                (CT)) abnormalities;
                                    (III) restrictive or obstructive 
                                lung physiology testing of Diffusing 
                                Lung Capacity (Dlco) defect;
                                    (IV) lung pathology consistent with 
                                Chronic Beryllium Disease;
                                    (V) clinical course consistent with 
                                a chronic respiratory disorder; or
                                    (VI) immunologic tests showing 
                                beryllium sensitivity (skin patch test 
                                or beryllium blood test preferred).
                    (C) Any injury or illness sustained as a 
                consequence of a covered illness as defined in 
                subparagraph (A) or (B).
            (8) 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.
            (9) 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.
            (10) 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.
            (11) 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 
of Labor, 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 of Labor, 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, among other things, 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.
    (c) Information.--The Secretary of Energy may require a beryllium 
vendor or 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 or at a facility owned or operated by a 
beryllium vendor because of employment by the United States, a 
beryllium vendor, 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 paragraph (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) Other Federal Benefits Related to Armed Forces.--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 of 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) Other Workers' Compensation Benefits.--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.

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 the tort claims procedures of chapter 171 of title 28, 
United States Code 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.

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 vendors, 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. 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. 124. ANNUAL REPORT.

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

SEC. 125. 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. 126. 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. 127. 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. 128. CONFORMING AMENDMENTS.

    (a) Section 1920.--Section 1920 of title 18, United States Code, is 
amended by inserting in the title ``or Energy employee'' 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 section title ``or Energy 
        employees'' 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.''.
    (d) Whistleblowers.--Section 211(a)(1) of the Energy Reorganization 
Act of 1974 (42 U.S.C. 5851(a)) is amended--
            (1) in subparagraph (E), by striking ``or''
            (2) in subparagraph (F), by striking the period and 
        inserting ``; or''; and
            (3) by inserting after subparagraph (F) the following:
            ``(G) filed an application for benefits or assistance under 
        title XXXI of the Energy Policy Act of 1992.''.

SEC. 129. 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 
        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, but 
        shall not include any Naval Reactors Facility covered under 
        Executive Order 12344.
            (4) Department of energy contractor.--The term ``Department 
        of Energy contractor'' means--
                    (A) the U.S. Enrichment Corporation (or any 
                successor thereto) which has 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, including the following:
                            (i) Portsmouth Plant, Piketon, Ohio.
                            (ii) Paducah Plant, Paducah, Kentucky.
                            (iii) K-25 (now ETTP), Oak Ridge, 
                        Tennessee.
                            (iv) Y-12, Oak Ridge, Tennessee.
                            (v) X-10, Oak Ridge, Tennessee.
                            (vi) Hanford Works, Richland, Washington.
                            (vii) Idaho National Engineering 
                        Laboratory, Idaho Falls, Idaho.
                            (viii) Rocky Flats Plant, Golden, Colorado.
                            (ix) Fernald Feed Materials Production 
                        Center (now FEMP), Fernald, Ohio.
                            (x) Mound Facility, Miamisburg, Ohio.
                            (xi) Los Alamos National Laboratory, Los 
                        Alamos, New Mexico.
                            (xii) Pinellas Plant, St. Petersburg, 
                        Florida.
                            (xiii) Pantex Plant, Amarillo, Texas.
                            (xiv) Nevada Test Site, Mercury, Nevada.
                            (xv) Brookhaven National Laboratory, Upton, 
                        New York.
                            (xvi) Lawrence Livermore Laboratory, 
                        Livermore, California.
                            (xvii) Sandia National Laboratory, New 
                        Mexico.
                            (xviii) Iowa Army Ammunition Plant (AEC 
                        portion), Burlington, Iowa.
                            (xix) Fermi Nuclear Laboratory, Batavia, 
                        Illinois.
                            (xx) Weldon Spring, Weldon Spring, 
                        Missouri.
                            (xxi) Savannah River, South Carolina.
                            (xxii) Argonne National Laboratory, 
                        Illinois and Idaho.
                            (xxiii) Amchitka Island Test Site, 
                        Amchitka, Alaska.
                            (xxiv) Santa Susanna Facilities, Santa 
                        Susanna, California.
                            (xxv) Marshall Island's Nuclear Weapons 
                        Test Site, Hawaii (Post-1958 environmental 
                        remediation workers).
                    (B) an entity that supplied uranium conversion or 
                manufacturing services, including the following:
                            (i) Honeywell Uranium Hexaflouride 
                        Facility, Metropolis, Illinois.
                            (ii) Nuclear Fuels Services, Erwin, 
                        Tennessee.
                            (iii) Linde Air Products, Tonowanda, New 
                        York.
                            (iv) Reactive Metals, Ashtabula, Ohio.
                            (v) Malinckrodt Chemical Works, St. Louis, 
                        Mo.
            (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, 
                        lymphoma, or Hodgkins disease;
                            (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) chronic silicosis if--
                            (i) a covered employee working or worked 
                        for at least one year at a Department of Energy 
                        facility where the covered employee is or was 
                        employed in a work setting with known or 
                        probable silica exposure and 10 years have 
                        elapsed since initial exposure, whenever that 
                        exposure occurred; and
                            (ii) a chest X-ray with the following 
                        findings according to the International Labor 
                        Organization classification system: any 
                        combination of rounded opacities of type p/q/r, 
                        with or without irregular opacities, present in 
                        at least both upper lung zones and of profusion 
                        1/0 or greater;
                    (C) 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;
                    (D) 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
                    (E) 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, minerals, and other toxic 
        substances to which covered employees are exposed at Department 
        of Energy facilities.
            (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.
    (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 an 
aggregate 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.

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 III; 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 a 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. CIVIL SERVICE RETENTION RIGHTS.

    In the event that a covered employee, as defined in section 
201(5)(B), resumes employment with the Federal Government, the 
individual shall be entitled to the rights set forth in section 8151 of 
title 5, United States Code.

SEC. 223. ANNUAL REPORT.

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

SEC. 224. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be 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. 225. REGULATIONS; REGULATORY AUTHORITY.

    (a) In General.--Not later than 120 days after the date of 
enactment of this title, the Secretary of Labor shall prescribe such 
rules and regulations as may be 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. 226. 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. 227. 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.''.
    (d) Whistleblowers.--Section 211(a)(1) of the Energy Reorganization 
Act of 1974 (42 U.S.C. 5851(a)) is amended--
            (1) in subparagraph (E), by striking ``or''
            (2) in subparagraph (F), by striking the period and 
        inserting ``; or''; and
            (3) by inserting after subparagraph (F) the following:
            ``(G) filed an application for benefits or assistance under 
        title XXXI of the Energy Policy Act of 1992.''.

SEC. 228. EFFECTIVE DATE.

    This title is effective upon the date of its enactment.

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

SEC 301. ELIGIBILITY OF EMPLOYEES EXPOSED TO OTHER TOXIC SUBSTANCES AND 
              HEAVY METALS.

    (a) In General.--A claim may be submitted under this title for 
compensation for illnesses, impairments, diseases, or death for which 
the claimant can establish that exposure to a hazardous substance 
occurred while a covered employees, 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) or title II 
(radiogenic diseases).
    (b) Questionnaire.--The Secretary of Labor shall develop a 
questionnaire for the claimant to identify the history of employment 
hazards to a covered employee at a DEPARTMENT OF ENERGY facility and to 
provide documentation to support the claim. The Secretary of Labor 
shall provide the claimant with an opportunity to identify documents 
and information in the possession of the Department of Energy or its 
contractors which the claimant believes will support their claim.

SEC 302. 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. 303. 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.

SEC 304. 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 or Department of Energy vendors listed 
in section 201. 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 U.S.C. 
        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 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. 305. 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.

               TITLE IV--ECONOMIC DEVELOPMENT ASSISTANCE

SEC. 401. ELIGIBILITY OF COMMUNITIES CONTAINING DEPARTMENT OF ENERGY 
              DEFENSE NUCLEAR FACILITIES.

    Section 302(a) of the Public Works and Economic Development Act of 
1965 (42 U.S.C. 3161(a)) is amended by adding at the end the following:
            ``(4) Department of energy defense nuclear facilities.--The 
        area contains a Department of Energy defense nuclear facility, 
        as defined by section 3163 of the National Defense 
        Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274j).''.
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