[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5189 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5189

  To provide for the payment of compensation for certain individuals 
   employed in connection with Federal nuclear weapons programs who 
   sustained occupational illness in the line of duty, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2000

Mr. Udall of Colorado (for himself, Mr. Whitfield, Mr. Strickland, Mr. 
 Gibbons, Mr. Kanjorski, Mr. Duncan, Ms. Kaptur, Mr. Wamp, Mr. Klink, 
 Mr. Jenkins, Ms. Berkley, Mr. Gordon, Mr. Clement, Mr. Hall of Ohio, 
 Mr. Lucas of Kentucky, Mr. Phelps, and Mr. Brown 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, and Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To provide for the payment of compensation for certain individuals 
   employed in connection with Federal nuclear weapons programs who 
   sustained occupational illness in the line of duty, 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.

    This Act may be cited as the ``Energy Employees Occupational 
Illness Compensation Act of 2000''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Since World War II Federal nuclear activities have been 
        explicitly recognized by the United States Government as an 
        ultra-hazardous activity under Federal law. Nuclear weapons 
        production and testing 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 and 
        silica, 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, silica, 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 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 and the Department of 
        Energy workers were denied workers compensation coverage for 
        occupational disease.
            (5) Over the past 20 years more than two dozen scientific 
        findings have emerged that indicate that certain 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, beryllium, and silica.
            (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 that 98 percent of radiation 
        induced cancers within the Department of Energy complex occur 
        at dose levels below existing maximum safe thresholds. Further, 
        that workers at Department of Energy sites were exposed to 
        silica, 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 and testing programs over the last 50 years should 
        have efficient, uniform, and adequate compensation for 
        beryllium-related health conditions, radiation-related health 
        conditions, and silica-related health conditions in order to 
        assure fairness and equity.

SEC. 3. CONSTRUCTION WITH OTHER LAWS.

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

SEC. 4. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Atomic weapon.--The term ``atomic weapon'' has the 
        meaning given that term in section 11d. of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2014(d)).
            (2) Atomic weapons employee.--The term ``atomic weapons 
        employee'' means an individual employed by an atomic weapons 
        employer during a time when the employer was processing or 
        producing, for the use by the United States, material that 
        emitted radiation and was used in the production of an atomic 
        weapon, excluding uranium mining and milling.
            (3) Atomic weapons employer.--The term ``atomic weapons 
        employer'' means an entity that--
                    (A) processed or produced, for the use by the 
                United States, material that emitted radiation and was 
                used in the production of an atomic weapon, excluding 
                uranium mining and milling; and
                    (B) is designated as an atomic weapons employer for 
                purposes of this Act by the Secretary of Energy.
            (4) Atomic weapons employer facility.--The term ``atomic 
        weapons employer facility'' means a facility, owned by an 
        atomic weapons employer, that is or was used to process or 
        produce, for use by the United States, material that emitted 
        radiation and was used in the production of an atomic weapon, 
        excluding uranium mining or milling.
            (5) Beryllium vendor.--The term ``beryllium vendor'' means 
        the following:
                    (A) Atomics International.
                    (B) Brush Wellman, Incorporated, and its 
                predecessor, Brush Beryllium Company.
                    (C) General Atomics.
                    (D) General Electric Company.
                    (E) NGK Metals Corporation and its 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, Incorporated.
                    (H) Wyman Gordan, Incorporated.
                    (I) Any other vendor, processor, or producer of 
                beryllium or related products designated as a beryllium 
                vendor for purposes of this Act under section 5(a).
            (6) Chronic silicosis.--The term ``chronic silicosis'' 
        means silicosis if--
                    (A) at least 10 years elapse between initial 
                exposure to silica and the emergence of the silicosis; 
                and
                    (B) the silicosis is established by one of the 
                following:
                            (i) A chest x-ray presenting 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, as found in 
                        accordance with the International Labor 
                        Organization classification system.
                            (ii) A physician's provisional or working 
                        diagnosis of silicosis, combined with--
                                    (I) a chest radiograph interpreted 
                                as consistent with silicosis; or
                                    (II) pathologic findings consistent 
                                with silicosis.
                            (iii) A history of occupational exposure to 
                        airborne silica dust and a chest radiograph or 
                        other imaging technique interpreted as 
                        consistent with silicosis or pathologic 
                        findings consistent with silicosis.
            (7) Compensation.--The term ``compensation'' means the 
        money allowance payable under this Act and any other benefits 
        paid for from the Fund including the alternative compensation 
        payable pursuant to section 8.
            (8) Covered beryllium employee.--The term ``covered 
        beryllium employee'' means the following:
                    (A) A current or former employee (as that term is 
                defined in section 8101(1) of title 5, United States 
                Code) who may have been exposed to beryllium at a 
                Department of Energy facility or at a facility owned, 
                operated, or occupied by a beryllium vendor.
                    (B) A current or former employee of any entity that 
                contracted with the Department of Energy to provide 
                management and operation, management and integration, 
                or environmental remediation of a Department of Energy 
                facility or an employee of any contractor or 
                subcontractor that provided services, including 
                construction and maintenance, at such a facility.
                    (C) A current or former employee of a beryllium 
                vendor, or a contractor or subcontractor of a beryllium 
                vendor, during a period when the vendor was engaged in 
                activities related to the production or processing of 
                beryllium for sale to, or use by, the Department of 
                Energy.
            (9) Covered beryllium illness.--The term ``covered 
        beryllium illness'' means any condition as follows:
                    (A) Beryllium sensitivity as established by--
                            (i) an abnormal beryllium lymphocyte 
                        proliferation test performed on either blood or 
                        lung lavage cells; or
                            (ii) other means specified under section 
                        5(b).
                    (B) Chronic beryllium disease as established by the 
                following:
                            (i) For diagnoses on or after January 1, 
                        1993--
                                    (I) beryllium sensitivity, as 
                                established in accordance with 
                                subparagraph (A); and
                                    (II) lung pathology consistent with 
                                chronic beryllium disease, including--
                                            (aa) a lung biopsy showing 
                                        granulomas or a lymphocytic 
                                        process consistent with chronic 
                                        beryllium disease;
                                            (bb) a computerized axial 
                                        tomography scan showing changes 
                                        consistent with chronic 
                                        beryllium disease; or
                                            (cc) pulmonary function or 
                                        exercise testing showing 
                                        pulmonary deficits consistent 
                                        with chronic beryllium disease.
                            (ii) For diagnoses before January 1, 1993, 
                        the presence of four of the criteria set forth 
                        in subclauses (I) through (VI), including the 
                        criteria set forth in subclause (I) and any 
                        three of the criteria set forth in subclauses 
                        (II) through (VI):
                                    (I) Occupational or environmental 
                                history, or epidemiologic evidence of 
                                beryllium exposure.
                                    (II) Characteristic chest 
                                radiographic (or computed tomography 
                                (CT) abnormalities.
                                    (III) Restrictive or obstructive 
                                lung physiology testing or diffusing 
                                lung capacity defect.
                                    (IV) Lung pathology consistent with 
                                chronic beryllium disease.
                                    (V) Clinical course consistent with 
                                a chronic respiratory disorder.
                                    (VI) Immunologic tests showing 
                                beryllium sensitivity (skin patch test 
                                or beryllium blood test preferred).
                            (iii) Other means specified under section 
                        5(b).
                    (C) Any injury, illness, impairment, or disability 
                sustained as a consequence of a covered beryllium 
                illness referred to in subparagraph (A) or (B).
            (10) Covered employee.--The term ``covered employee'' means 
        a covered beryllium employee, a covered employee with cancer, 
        or a covered employee with chronic silicosis.
            (11) Covered employee with cancer.--The term ``covered 
        employee with cancer'' means the following:
                    (A) An individual who meets the criteria in section 
                6(c)(1).
                    (B) A member of the Special Exposure Cohort.
            (12) Covered employee with chronic silicosis.--The term 
        ``covered employee with chronic silicosis'' means a--
                    (A) Department of Energy employee; or
                    (B) Department of Energy contractor employee;
        with chronic silicosis who was exposed to silica in the 
        performance of duty as determined in section 3511(b).
            (13) Department of energy.--The term ``Department of 
        Energy'' includes the predecessor agencies of the Department of 
        Energy, including the Manhattan Engineering District.
            (14) Department of energy contractor employee.--The term 
        ``Department of Energy contractor employee'' means the 
        following:
                    (A) An individual who is or was in residence at a 
                Department of Energy facility as a researcher for a 
                period of at least 24 cumulative months.
                    (B) An individual who is or was employed, at a 
                Department of Energy facility by--
                            (i) an entity that contracted with the 
                        Department of Energy to provide management and 
                        operating, management and integration, or 
                        environmental remediation at the facility; or
                            (ii) a contractor or subcontractor that 
                        provided services, including construction and 
                        maintenance, at the facility.
            (15) Department of energy facility.--The term ``Department 
        of Energy facility'' means any building, structure, or premise, 
        including the grounds upon which such building, structure, or 
        premise is located--
                    (A) in which operations are, or have been, 
                conducted by, or on behalf of, the Department of Energy 
                (except for buildings, structures, premises, grounds, 
                or operations covered by Executive Order 12344, 
                pertaining to the Naval Nuclear Propulsion Program); 
                and
                    (B) with regard to which the Department of Energy 
                has or had--
                            (i) a proprietary interest; or
                            (ii) entered into a contract with an entity 
                        to provide management and operation, management 
                        and integration, environmental remediation 
                        services, construction, or maintenance 
                        services.
            (16) Fund.--The term ``Fund'' means the Energy Employees' 
        Occupational Illness Compensation Fund under section 24.
            (17) Monthly pay.--The term ``monthly pay'' means the 
        monthly pay at the time of injury, or the monthly pay at the 
        time disability begins, or the monthly pay at the time the 
        compensable disability recurs, if the recurrence begins more 
        than 6 months after the employee resumes regular full-time 
        employment, whichever is greater, except when otherwise 
        determined under section 8113 of title 5, United States Code.
            (18) Radiation.--The term ``radiation'' means ionizing 
        radiation in the form of--
                    (A) alpha particles;
                    (B) beta particles;
                    (C) neutrons;
                    (D) gamma rays; or
                    (E) accelerated ions or subatomic particles from 
                accelerator machines.
            (19) Secretary of health and human services.--The term 
        ``Secretary of Health and Human Services'' means the Secretary 
        of Health and Human Services with the assistance of the 
        Director of the National Institute for Occupational Safety and 
        Health.
            (20) Special exposure cohort.--The term ``Special Exposure 
        Cohort'' means the following groups of Department of Energy 
        employees, Department of Energy contractor employees, and 
        atomic weapons employees:
                    (A) Individuals who--
                            (i) were employed for a cumulative period 
                        of at least one year during the period prior to 
                        February 1, 1992--
                                    (I) at the gaseous diffusion plants 
                                located in--
                                            (aa) Paducah, Kentucky;
                                            (bb) Portsmouth, Ohio; or
                                            (cc) Oak Ridge, Tennessee; 
                                        and
                                    (II) by--
                                            (aa) the Department of 
                                        Energy;
                                            (bb) a Department of Energy 
                                        contractor or subcontractor; or
                                            (cc) an atomic weapons 
                                        employer; and
                            (ii) during employment covered by clause 
                        (i)--
                                    (I) were monitored through the use 
                                of dosimetry badges for exposure at the 
                                plant of the external parts of the 
                                employee's body to radiation; or
                                    (II) worked in a job that had 
                                exposures comparable to a job that is 
                                or was monitored through the use of 
                                dosimetry badges.
                    (B) Individuals who were employed by the Department 
                of Energy or a Department of Energy contractor or 
                subcontractor on Amchitka Island, Alaska, prior to 
                January 1, 1974, and who were exposed to ionizing 
                radiation in the performance of duty related to the 
                Long Shot, Milrow, or Cannikin underground nuclear 
                tests.
                    (C) Individuals designated as part of the Special 
                Exposure Cohort by the Secretary of Health and Human 
                Services, in accordance with section 8.
            (21) Specified cancer.--The term ``specified cancer'' means 
        the following:
                    (A) Leukemia (other than chronic lymphocytic 
                leukemia).
                    (B) Multiple myeloma.
                    (C) Non-Hodgkins lymphoma.
                    (D) Cancer of the--
                            (i) bladder;
                            (ii) bone;
                            (iii) brain;
                            (iv) breast (male or female);
                            (v) cervix;
                            (vi) digestive system (including esophagus, 
                        stomach, small intestine, bile ducts, colon, 
                        rectum, or other digestive organs);
                            (vii) gallbladder;
                            (viii) kidney;
                            (ix) larynx, pharynx, or other respiratory 
                        organs;
                            (x) liver;
                            (xi) lung;
                            (xii) male genitalia;
                            (xiii) nasal organs;
                            (xiv) nervous system;
                            (xv) ovary;
                            (xvi) pancreas;
                            (xvii) prostate;
                            (xviii) salivary gland (parotid or 
                        nonparotid);
                            (xix) thyroid;
                            (xx) ureter;
                            (xxi) urinary tract or other urinary 
                        organs; or
                            (xxii) uterus.
            (22) Survivor.--The term ``survivor'' means any individual 
        or individuals eligible to receive compensation pursuant to 
        section 8133 of title 5, United States Code.
            (23) Time of injury.--The term ``time of injury'' means--
                    (A) in regard to a claim arising out of exposure to 
                beryllium, the last date on which a covered employee 
                was exposed to beryllium in the performance of duty in 
                accordance with section 6(a);
                    (B) in regard to a claim arising out of chronic 
                silicosis, the last date on which a covered employee 
                was exposed to silica in the performance of duty in 
                accordance with section 6(b); and
                    (C) in regard to a claim arising out of exposure to 
                radiation, the last date on which a covered employee 
                was exposed to radiation in the performance of duty in 
                accordance with section 6(c)(1) or, in the case of a 
                member of the Special Exposure Cohort, the last date on 
                which the member of the Special Exposure Cohort was 
                employed at the Department of Energy facility at which 
                the member was exposed to radiation.
    (b) Terms Used in Administration.--
            (1) In general.--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) ``injury'';
                    (D) ``widow'';
                    (E) ``parent'';
                    (F) ``brother'';
                    (G) ``sister'';
                    (H) ``child'';
                    (I) ``grandchild'';
                    (J) ``widower'';
                    (K) ``student'';
                    (L) ``price index'';
                    (M) ``organ''; and
                    (N) ``United States medical officers and 
                hospitals''.
            (2) Employee.--In applying any provision of chapter 81 of 
        title 5, United States Code (except section 8101), under this 
        Act, the term ``employee'' in such provision shall mean a 
        covered employee.
            (3) Employees' compensation fund.--In applying any 
        provision of chapter 81 of title 5, United States Code, under 
        this Act, the term ``Employees' Compensation Fund'' in such 
        provision shall mean the Fund.

SEC. 5. EXPANSION OF LIST OF BERYLLIUM VENDORS AND MEANS OF 
              ESTABLISHING COVERED BERYLLIUM ILLNESSES.

    (a) Beryllium Vendors.--The Secretary of Energy may from time to 
time, and in consultation with the Secretary of Labor, designate as a 
beryllium vendor for purposes of section 4(a)(5) any vendor, processor, 
or producer of beryllium or related products not previously listed 
under or designated for purposes of that section if the Secretary of 
Energy finds that such vendor, processor, or producer has been engaged 
in activities related to the production or processing of beryllium for 
sale to, or use by, the Department of Energy in a manner similar to the 
entities listed in that section.
    (b) Means of Establishing Covered Beryllium Illnesses.--The 
Secretary of Health and Human Services may from time to time, and in 
consultation with the Secretary of Energy, specify means of 
establishing the existence of a covered beryllium illness referred to 
in subparagraph (A) or (B) of section 4(a)(9) not previously listed 
under or specified for purposes of such subparagraph.

        PART A--BERYLLIUM, SILICOSIS, AND RADIATION COMPENSATION

SEC. 6. EXPOSURE TO HAZARDS IN THE PERFORMANCE OF DUTY.

    (a) Beryllium.--In the absence of substantial evidence to the 
contrary, a covered beryllium employee shall be determined to have been 
exposed to beryllium in the performance of duty for the purposes of 
this Act if, and only if, the covered beryllium employee was--
            (1) employed at a Department of Energy facility; or
            (2) present at a Department of Energy facility, or a 
        facility owned and 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;
during a period when beryllium dust, particles, or vapor may have been 
present at such facility.
    (b) Chronic Silicosis.--In the absence of substantial evidence to 
the contrary, a covered employee with chronic silicosis shall be 
determined to have been exposed to silica in the performance of duty 
for the purposes of this Act if, and only if, the covered employee with 
chronic silicosis was present during the mining of tunnels at a 
Department of Energy facility for tests or experiments related to an 
atomic weapon.
    (c) Cancer.--
            (1) In general.--A Department of Energy employee, 
        Department of Energy contractor employee, or an atomic weapons 
        employee shall be determined to have sustained a cancer in the 
        performance of duty if, and only if, such employee--
                    (A) contracted cancer after beginning employment at 
                a Department of Energy facility for a Department of 
                Energy contractor or an atomic weapons employer 
                facility for an atomic weapons employer; and
                    (B) falls within guidelines that--
                            (i) are established by the Secretary of 
                        Health and Human Services by regulation, after 
                        consultation with the Secretary of Energy and 
                        after technical review by the Advisory Board 
                        under section 3512, for determining whether the 
                        cancer the employee contracted was at least as 
                        likely as not related to employment at the 
                        facility;
                            (ii) are based on the radiation dose 
                        received by the employee (or a group of 
                        employees performing similar work) at the 
                        facility and the upper 99 percent confidence 
                        interval of the probability of causation in the 
                        radioepidemiological tables published under 
                        section 7(b) of the Orphan Drug Act (42 U.S.C. 
                        241 note), as such tables may be updated under 
                        section 7(b)(3) of such Act from time to time;
                            (iii) incorporate the methods established 
                        under subsection (d); and
                            (iv) take into consideration the type of 
                        cancer; past health-related activities, such as 
                        smoking; information on the risk of developing 
                        a radiation-related cancer from workplace 
                        exposure; and other relevant factors.
            (2) Special exposure cohort.--A member of the Special 
        Exposure Cohort shall be determined to have sustained a cancer 
        in the performance of duty if, and only if, such individual 
        contracted a specified cancer after beginning employment at a 
        Department of Energy facility for a Department of Energy 
        contractor or an atomic weapons employer facility for an atomic 
        weapons employer.
    (d) Radiation Dose.--
            (1) In general.--The Secretary of Health and Human 
        Services, after consultation with the Secretary of Energy, 
        shall--
                    (A) establish by regulation methods for arriving at 
                reasonable estimates of the radiation doses Department 
                of Energy employees or Department of Energy contractor 
                employees received at a Department of Energy facility 
                and atomic weapons employees received at a facility 
                operated by an atomic weapons employer if such 
                employees were not monitored for exposure to radiation 
                at the facility, or were monitored inadequately, or if 
                the employees' exposure records are missing or 
                incomplete; and
                    (B) provide to an employee who meets the 
                requirements of subsection (c)(1)(B) an estimate of the 
                radiation dose the employee received based on dosimetry 
                reading, a method established under subparagraph (A), 
                or a combination of both.
            (2) Scientific review.--The Secretary of Health and Human 
        Services shall establish an independent review process 
        utilizing the Advisory Board under section 3512 to assess the 
        methods established under paragraph (1)(A) and the application 
        of those methods and to verify a reasonable sample of 
        individual dose reconstructions provided under paragraph 
        (1)(B).
            (3) Access to dose reconstructions.--The Secretary of 
        Health and Human Services and the Secretary of Energy each 
        shall, consistent with the protection of private medical 
        records, make available to researchers and the general public 
        information on the assumptions, methodology, and data used in 
        dose reconstructions undertaken under this part.

SEC. 7. ADVISORY BOARD ON RADIATION AND WORKER HEALTH.

    (a) Establishment.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services, in consultation with the Secretary of Energy, shall 
        establish and appoint an Advisory Board on Radiation and Worker 
        Health.
            (2) Balance of views.--In making appointments to the Board, 
        the Secretary of Health and Human Services shall also consult 
        with labor unions and other organizations with expertise on 
        worker health issues to ensure that the membership of the Board 
        reflects a balance of scientific, medical, and worker 
        perspectives.
            (3) Chair.--The Secretary of Health and Human Services 
        shall designate a Chair for the Board from among its members.
    (b) Duties.--The Board shall advise the Secretary of Health and 
Human Services, Secretary of Energy, and Secretary of Labor on--
            (1) the development of guidelines to be used by the 
        Secretary of Health and Human Services under section 6;
            (2) the scientific validity and quality of dose estimation 
        and reconstruction efforts being performed to implement 
compensation programs under this part; and
            (3) other matters related to radiation and worker health in 
        Department of Energy facilities as the Secretary of Labor, the 
        Secretary of Energy, or the Secretary of Health and Human 
        Services may request.
    (c) Staff.--
            (1) In general.--The Secretary of Health and Human Services 
        shall appoint a staff to facilitate the work of the Board, 
        headed by a Director appointed under subchapter VIII of chapter 
        33 of title 5, United States Code.
            (2) Details.--The Secretary of Health and Human Services 
        may accept for staff of the Board personnel on detail from 
        other Federal agencies to serve on the staff on a 
        nonreimbursable basis.
    (d) Expenses.--Members of the Board, other than full-time employees 
of the Federal Government, while attending meetings of the Board or 
while otherwise serving at the request of the Secretary of Health and 
Human Services while serving away from their homes or regular places of 
business, may be allowed travel and meal expenses, including per diem 
in lieu of subsistence, as authorized by section 5703 of title 5, 
United States Code, for individuals in the Government serving without 
pay.
    (e) Applicability of FACA.--The Advisory Board shall be subject to 
the Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 8. DESIGNATION OF ADDITIONAL MEMBERS OF THE SPECIAL EXPOSURE 
              COHORT.

    (a) Advice on Membership in Cohort.--
            (1) In general.--Upon request of the Secretary of Health 
        and Human Services, the Advisory Board on Radiation and Worker 
        Health under section 7, based on exposure assessments by 
        radiation health professionals, information provided by the 
        Department of Energy, and other information deemed appropriate 
        by the Board, shall advise the Secretary of Health and Human 
        Services whether there is a class of employees at a Department 
        of Energy facility who likely were exposed to radiation at the 
        facility but for whom it is not feasible to estimate with 
        sufficient accuracy the radiation dose they received.
            (2) Procedures.--The Secretary of Health and Human Services 
        shall establish procedures for considering petitions by classes 
        of employees to request the advice of the Board.
    (b) Treatment as Members of Cohort.--A class of employees at a 
Department of Energy facility shall be considered as members of the 
Special Exposure Cohort for purposes of section 4(a)(20) if the 
Secretary of Health and Human Services, upon recommendation of the 
Advisory Board on Radiation and Worker Health and in consultation with 
the Secretary of Energy, determines that--
            (1) it is not feasible to estimate with sufficient accuracy 
        the radiation dose which the class received; and
            (2) there is a reasonable likelihood that the radiation 
        dose may have endangered the health of members of the class.
    (c) Access to Information.--The Secretary of Energy shall, in 
accordance with law, provide the Secretary of Health and Human Services 
and the members and staff of the Advisory Board under section 7 access 
to relevant information on worker exposures, including access to 
Restricted Data (as that term is defined in section 11y. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(y)).

SEC. 9. AUTHORITY TO PROVIDE COMPENSATION AND OTHER ASSISTANCE.

    (a) Compensation.--Subject to the provisions of this Act, the 
Secretary of Labor--
            (1) shall pay compensation in accordance with sections 8105 
        through 8110, 8111(a), 8112, 8113, 8115, 8117, 8133, 8134, 
        8146a(a), and 8146a(b) of title 5, United States Code, for the 
        disability or death--
                    (A) from a covered beryllium illness of a covered 
                beryllium employee who was exposed to beryllium while 
                in the performance of duty as determined in accordance 
                with section 6(a) of this Act;
                    (B) from chronic silicosis of a covered employee 
                with chronic silicosis who was exposed to silica in the 
                performance of duty as determined in accordance with 
                section 6(b) of this Act; or
                    (C) from cancer of a covered employee with cancer 
                determined to have sustained that cancer in the 
                performance of duty in accordance with section 6(c) of 
                this Act or from any injury suffered as a consequence 
                of that cancer;
            (2) shall furnish the services and other benefits specified 
        in section 8103 of title 5, United States Code, to--
                    (A) a covered beryllium employee with a covered 
                beryllium illness who was exposed to beryllium in the 
                performance of duty as determined in accordance with 
                section 6(a) of this Act;
                    (B) a covered employee with chronic silicosis who 
                was exposed to silica in the performance of duty as 
                determined in accordance with section 6(b) of this Act; 
                or
                    (C) a covered employee with cancer determined to 
                have sustained that cancer in the performance of duty 
                in accordance with section 6(c) of this Act or to have 
                suffered any injury as a consequence of that cancer; 
                and
            (3) may direct a permanently disabled individual whose 
        disability is compensable under this part to undergo vocational 
        rehabilitation and shall provide for furnishing such vocational 
        rehabilitation services pursuant to the provisions of sections 
        8104, 8111(b), and 8113(b) of title 5, United States Code.
    (b) Limitations on Compensation.--
            (1) Employee misconduct.--No compensation or benefits may 
        be paid or provided under this Act for a cancer (including a 
        specified cancer), chronic silicosis, covered beryllium 
        illness, or death if the cancer (including a specified cancer), 
        chronic silicosis, covered beryllium illness, or death occurred 
        under one of the circumstances set forth in paragraph (1), (2), 
        or (3) of section 8102(a) of title 5, United States Code.
            (2) Retroactive benefits.--No compensation may be paid 
        under this section for any period before the date of enactment 
        of this Act, except in the case of compensation under section 
        10.
            (3) Source.--All compensation under this part shall be paid 
        from the Fund.
    (c) Computation of Pay.--
            (1) In general.--Except as otherwise provided by this Act 
        or by regulation, computation of pay under this Act shall be 
        determined in accordance with section 8114 of title 5, United 
        States Code.
            (2) Substitute rule for section 8114(d)(3).--If either of 
        the methods of determining the average annual earnings 
        specified in section 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 having regard to the previous earnings of the employee 
        in similar employment, and of 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.
    (d) Assistance for Claimants.--The Secretary of Labor shall, upon 
the receipt of a request for assistance from a claimant for 
compensation under this section, provide assistance to the claimant in 
connection with the claim, including--
            (1) assistance in securing medical testing and diagnostic 
        services necessary to establish the existence of a covered 
        beryllium illness or cancer; and
            (2) such other assistance as may be required to develop 
        facts pertinent to the claim.
    (e) Assistance for Potential Claimants.--The Secretary of Energy, 
in consultation with the Secretary of Labor, shall take appropriate 
actions to inform and assist covered employees who are potential 
claimants under this part, and other potential claimants under this 
part, of the availability of compensation under this part, including 
actions to--
            (1) ensure the ready availability, in paper and electronic 
        format, of forms necessary for making claims;
            (2) provide such covered employees and other potential 
        claimants with information and other support necessary for 
        making claims, including--
                    (A) medical protocols for medical testing and 
                diagnosis to establish the existence of a covered 
                beryllium illness, silicosis, or cancer; and
                    (B) lists of vendors approved for providing 
                laboratory services related to such medical testing and 
                diagnosis;
            (3) provide such additional assistance to such covered 
        employees and other potential claimants as may be required for 
        the development of facts pertinent to a claim.
    (f) Information From Beryllium Vendors and Other Contractors.--As 
part of the assistance program provided under subsections (d) and (e), 
and as permitted by law, the Secretary of Energy shall, upon the 
request of the Secretary of Labor, require a beryllium vendor or other 
Department of Energy contractor or subcontractor to provide information 
relevant to a claim or potential claim under this Act to the Secretary 
of Labor.

SEC. 10. ALTERNATIVE COMPENSATION.

    (a) In General.--Subject to the provisions of this section, a 
covered employee eligible for benefits under section 9(a), or the 
survivor of such covered employee if the employee is deceased, may 
elect to receive compensation in the amount of $200,000 in lieu of any 
other compensation under section 9(a)(1).
    (b) Death Before Election.--
            (1) In general.--Subject to the provisions of this section, 
        if a covered employee otherwise eligible to make an election 
        provided by this section dies before the date of enactment of 
        this Act, or before making the election, whether or not the 
        death is a result of a cancer (including a specified cancer), 
        chronic silicosis, or covered beryllium illness, a survivor of 
        the covered employee on behalf of the survivor and any other 
        survivors of the covered employee may make the election and 
        receive the compensation provided for under this section.
            (2) Precedence of survivors.--The right to make an election 
        and to receive compensation under 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 Limit for Election.--An election under this section may be 
made at any time after the submittal under this part of the claim on 
which such compensation is based, but not later than 30 days after the 
latter of the date of--
            (1) a determination by the Secretary of Labor that an 
        employee is eligible for an award under this section; or
            (2) a determination by the Secretary of Labor awarding an 
        employee or an employee's survivors compensation for total or 
        partial disability or compensation in case of death.
    (d) Irrevocability of Election.--
            (1) In general.--An election under this section when made 
        is irrevocable.
            (2) Binding effect.--An election made by a covered employee 
        or survivor under this section is binding on all survivors of 
        the covered employee.

SEC. 11. SUBMITTAL OF CLAIMS.

    (a) Claim Required.--A claim for compensation under this part shall 
be submitted to the Secretary of Labor in the manner specified in 
section 8121 of title 5, United States Code.
    (b) General Time Limitations.--A claim for compensation under this 
part shall be filed under this section not later than the later of--
            (1) seven years after the date of enactment of this Act;
            (2) seven years after the date the claimant first becomes 
        aware that a cancer (including a specified cancer), chronic 
        silicosis, covered beryllium illness, or death from any of the 
        foregoing of a covered employee may be connected to the 
        exposure of the covered employee to beryllium, radiation, or 
        silica in the performance of duty.
    (c) New Period for Additional Illnesses and Conditions.--A new 
period of limitation under subsection (b)(2) shall commence with each 
new diagnosis of a cancer (including a specified cancer), chronic 
silicosis, or covered beryllium illness that is different from a 
previously diagnosed cancer (including a specified cancer), chronic 
silicosis, or covered beryllium illness.
    (d) Death Claim.--The timely filing of a disability claim for a 
cancer (including a specified cancer), chronic silicosis, or covered 
beryllium illness shall satisfy the time requirements of this section 
for death benefits for the same cancer (including a specified cancer), 
chronic silicosis, or covered beryllium illness.

SEC. 12. ADJUDICATION AND ADMINISTRATION.

    (a) In General.--
            (1) Requirement.--The Secretary of Labor shall determine 
        and make a finding of fact and make an award for or against 
        payment of compensation under this part after--
                    (A) considering the claim presented by the 
                claimant, the results of any medical test or diagnosis 
                undertaken to establish the existence of a cancer 
                (including a specified cancer), chronic silicosis, or 
                covered beryllium illness, and any report furnished by 
                the Secretary of Energy with respect to the claim; and
                    (B) completing such investigation as the Secretary 
                of Labor considers necessary.
            (2) Scope of allowance and denial.--The Secretary may allow 
        or deny a claim, in whole or in part.
    (b) Available Authorities.--
            (1) In general.--Except as provided in paragraph (2), in 
        carrying out activities under subsection (c), the Secretary of 
        Labor may utilize the authorities available to the Secretary 
        under sections 8123, 8124(b), 8125, 8126, 8128(a), and 8129 of 
        title 5, United States Code.
            (2) Disagreement.--If there is a disagreement under section 
        8123(a) of title 5, United States Code, between the physician 
        making the examination for the United States and the physician 
        of the employee, the Secretary of Labor shall appoint a third 
        physician from a roster of physicians with relevant expertise 
        maintained by the Secretary of Health and Human Services.
    (c) Rights of Claimant.--
            (1) In general.--Except as provided by paragraph (2), the 
        provisions of section 8127 of title 5, United States Code, 
        shall apply.
            (2) Suits to compel information.--A claimant may commence 
        an action in the appropriate district court of the United 
        States against a beryllium vendor, or other contractor or 
        subcontractor of the Department of Energy, to compel the 
        production of information or documents requested by the 
        Secretary of Labor under this part if such information or 
        documents are not provided within 180 days of the date of the 
        request. Upon successful resolution of any action brought under 
        this paragraph, the court shall award the claimant reasonable 
        attorney fees and costs to be paid by the defendant in such 
        action.
    (d) Deadlines.--Beginning on the date that is two years after the 
date of enactment of this Act, the Secretary of Labor shall allow or 
deny a claim under this section not later than the later of--
            (1) 180 days after the date of submittal of the claim to 
        the Secretary under section 11; or
            (2) 120 days after the date of receipt of information or 
        documents produced under subsection (c)(2).
    (e) Resolution of Reasonable Doubt.--Except as provided in 
subsection (b)(2), in determining whether a claimant meets the 
requirements of this part, the Secretary of Labor shall find in favor 
of the claimant in circumstances where the evidence supporting the 
claim of the claimant and the evidence controverting the claim of the 
claimant is in equipoise.
    (f) Service of Decision.--The Secretary of Labor shall have served 
upon a claimant the Secretary's decision denying the claim under this 
section, including the finding of fact under subsection (a)(1).
    (g) Hearings and Further Review.--
            (1) Regulations.--The Secretary of Labor may prescribe 
        regulations necessary for the administration and enforcement of 
        this Act including regulations for the conduct of hearings 
        under this section.
            (2) Appeals panels.--
                    (A) In general.--Regulations issued by the 
                Secretary of Labor under this Act shall provide for one 
                or more Energy Employees' Compensation Appeals Panels 
                of three individuals with authority to hear and, 
                subject to applicable law and the regulations of the 
                Secretary, make final decisions on appeals taken from 
                determinations and awards with respect to claims of 
                employees filed under this part.
                    (B) Interagency agreement.--Under an agreement 
                between the Secretary of Labor and another Federal 
                agency (except the Department of Energy), a panel 
                appointed by the other Federal agency may provide these 
                appellate decisionmaking services.
            (3) Appeal.--An individual seeking review of a denial of an 
        award under this section shall submit an appeal in accordance 
        with the regulations under this subsection.
    (h) Reconsideration Based on New Criteria or Evidence.--
            (1) New criteria or methods for establishing work-related 
        illness.--A claimant may obtain reconsideration of a decision 
        awarding or denying coverage under this part within one year 
        after the effective date of regulations setting forth--
                    (A) new criteria for establishing a covered 
                beryllium illness pursuant to section 5(b); or
                    (B) additional or revised methods for determining 
                whether a cancer was at least as likely as not related 
                to employment pursuant to section 6(c)(1)(B)(i);
        by submitting evidence that is relevant and pertinent to the 
        new regulations.
            (2) New evidence.--A covered employee or covered employee's 
        survivor may obtain reconsideration of a decision denying an 
        application for compensation or benefits under this Act if the 
        employee or employee's survivor has additional medical or other 
        information relevant to the claim that was not reasonably 
        available at the time of the decision and that likely would 
        lead to the reversal of the decision.

               PART B--EXPOSURE TO OTHER TOXIC SUBSTANCES

SEC. 13. DEFINITIONS.

    In this part:
            (1) Director.--The term ``Director'' means the Director of 
        the Office of Workers' Compensation Advocate under section 217 
        of the Department of Energy Organization Act, as added by 
        section 22 of this Act.
            (2) Panel.--The term ``panel'' means a physicians panel 
        established under section 14(d).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 14. AGREEMENTS WITH STATES.

    (a) Agreements.--The Secretary, through the Director, may enter 
into agreements with the Governor of a State to provide assistance to a 
Department of Energy contractor employee in filing a claim under the 
appropriate State workers' compensation system.
    (b) Procedure.--Pursuant to agreements under subsection (a), the 
Director may--
            (1) establish procedures under which an individual may 
        submit an application for review and assistance under this 
        section, and
            (2) review an application submitted under this section and 
        determine whether the applicant submitted reasonable evidence 
        that--
                    (A) the application was filed by or on behalf of a 
                Department of Energy contractor employee or employee's 
                estate, and
                    (B) the illness or death of the Department of 
                Energy contractor employee may have been related to 
employment at a Department of Energy facility.
    (c) Submittal of Applications to Panels.--If provided in an 
agreement under subsection (a), and if the Director determines that the 
applicant submitted reasonable evidence under subsection (b)(2), the 
Director shall submit the application to a physicians panel established 
under subsection (d). The Director shall assist the employee in 
obtaining additional evidence within the control of the Department of 
Energy and relevant to the panel's deliberations.
    (d) Panel.--
            (1) Number of panels.--The Director shall inform the 
        Secretary of Health and Human Services of the number of 
        physicians panels the Director has determined to be appropriate 
        to administer this section, the number of physicians needed for 
        each panel, and the area of jurisdiction of each panel. The 
        Director may determine to have only one panel.
            (2) Appointment.--
                    (A) In general.--The Secretary of Health and Human 
                Services shall appoint panel members with experience 
                and competency in diagnosing occupational illnesses 
                under section 3109 of title 5, United States Code.
                    (B) Compensation.--Each member of a panel shall be 
                paid at the rate of pay payable for level III of the 
                Executive Schedule for each day (including travel time) 
                the member is engaged in the work of a panel.
            (3) Duties.--A panel shall review an application submitted 
        to it by the Director and determine, under guidelines 
        established by the Director, by rule, whether the illness or 
        death that is the subject of the application arose out of and 
        in the course of employment by the Department of Energy and 
        exposure to a toxic substance at a Department of Energy 
        facility.
            (4) Additional information.--At the request of a panel, the 
        Director and a contractor who employed a Department of Energy 
        contractor employee shall provide additional information 
        relevant to the panel's deliberations. A panel may consult 
        specialists in relevant fields as it determines necessary.
            (5) Determinations.--Once a panel has made a determination 
        under paragraph (3), it shall report to the Director its 
        determination and the basis for the determination.
            (6) Inapplicability of faca.--A panel established under 
        this section shall not be subject to the Federal Advisory 
        Committee Act (5 U.S.C. App.).
    (e) Assistance.--If provided in an agreement under subsection (a)--
            (1) the Director shall review a panel's determination made 
        under subsection (d), information the panel considered in 
        reaching its determination, any relevant new information not 
        reasonably available at the time of the panel's deliberations, 
        and the basis for the panel's determination;
            (2) as a result of the review under paragraph (1), the 
        Director shall accept the panel's determination in the absence 
        of compelling evidence to the contrary;
            (3) if the panel has made a positive determination under 
        subsection (d) and the Director accepts the determination under 
        paragraph (2), or the panel has made a negative determination 
        under subsection (d) and the Director finds compelling evidence 
        to the contrary--
                    (A) the Director shall--
                            (i) assist the applicant to file a claim 
                        under the appropriate State workers' 
                        compensation system based on the health 
                        condition that was the subject of the 
                        determination;
                            (ii) recommend to the Secretary of Energy 
                        that the Department of Energy not contest a 
                        claim filed under a State workers' compensation 
                        system based on the health condition that was 
                        the subject of the determination and not 
                        contest an award made under a State workers' 
                        compensation system regarding that claim; and
                            (iii) recommend to the Secretary of Energy 
                        that the Secretary direct, as permitted by law, 
                        the contractor who employed the Department of 
                        Energy contractor employee who is the subject 
                        of the claim not to contest the claim or an 
                        award regarding the claim; and
                    (B) any costs of contesting a claim or an award 
                regarding the claim incurred by the contractor who 
                employed the Department of Energy contractor employee 
                who is the subject of the claim shall not be an 
                allowable cost under a Department of Energy contract.
    (f) Information.--At the request of the Director, a contractor who 
employed a Department of Energy contractor employee shall make 
available to the Director or the employee, information relevant to 
deliberations under this section.
    (g) GAO Report.--Not later than February 1, 2002, the Comptroller 
General shall submit a report to the Congress evaluating the 
implementation by the Department of Energy of the provisions of this 
part and of the effectiveness of the program under this part in 
providing compensation to Department of Energy contractor employees for 
occupational illness.

                       PART C--GENERAL PROVISIONS

SEC. 15. TREATMENT OF COMPENSATION AND BENEFITS.

    (a) In General.--Any compensation or benefits allowed, paid, or 
provided under this Act--
            (1) shall not be included as income for purposes of the 
        Internal Revenue Code and shall not be subject to Federal 
        income tax, and 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
            (2) shall not be subject to offset under chapter 37 of 
        title 31, United States Code.
    (b) Insurance.--(1) Compensation or benefits paid or provided under 
this Act shall not be considered as any form of compensation or 
reimbursement for a loss for purposes of imposing liability on an 
individual receiving the compensation or benefits to repay any 
insurance carrier for insurance payments made.
    (2) The payment or provision of compensation or benefits under this 
Act shall not be treated as affecting any claim against an insurance 
carrier with respect to insurance.
    (c) Prohibition on Assignment or Attachment of Claims.--The 
provisions of section 8130 of title 5, United States Code, shall apply 
to claims under this Act.
    (d) Retention of Civil Service Rights.--If a Federal employee found 
to be disabled under this Act resumes employment with the Federal 
Government, the employee shall be entitled to the rights set forth in 
section 8151 of title 5, United States Code.

SEC. 16. FORFEITURE OF BENEFITS BY CONVICTED FELONS.

    (a) Forfeit Compensation.--Any individual convicted of a violation 
of section 1920 of title 18, United States Code, or any other Federal 
or State criminal statute relating to fraud in the application for or 
receipt of any benefit under this Act or under any other Federal or 
State workers' compensation law, shall forfeit (as of the date of such 
conviction) any entitlement to any benefit under this Act such 
individual would otherwise be awarded for any injury, illness or death 
covered by this Act for which the time of injury was on or before the 
date of the conviction. This forfeiture shall be in addition to any 
action the Secretary of Labor takes under sections 8106 or 8129 of 
title 5, United States Code.
    (b) Dependents.--(1) Notwithstanding any other provision of law, 
except as provided under paragraph (2), compensation under this Act 
shall not be paid or provided to an individual during any period during 
which such individual is confined in a jail, prison, or other penal 
institution or correctional facility, pursuant to that individual's 
conviction of an offense that constituted a felony under applicable 
law. After this period of incarceration ends, the individual shall not 
receive compensation forfeited during the period of incarceration.
    (2) If an individual has one or more dependents as defined under 
section 8110(a) of title 5, United States Code, the Secretary of Labor 
may, during the period of incarceration, pay to such dependents a 
percentage of the compensation that would have been payable to the 
individual computed according to the percentages set forth in section 
8133(a) (1) through (5) of title 5, United States Code.
    (c) Information.--Notwithstanding section 552a of title 5, United 
States Code, or any other Federal or State law, an agency of the United 
States, a State, or a political subdivision of a State shall make 
available to the Secretary of Labor, upon written request from the 
Secretary of Labor and if the Secretary of Labor requires the 
information to carry out this section, the names and Social Security 
account numbers of individuals confined, for conviction of a felony, in 
a jail, prison, or other penal institution or correctional facility 
under the jurisdiction of that agency.

SEC. 17. LIMITATION ON RIGHT TO RECEIVE BENEFITS.

    (a) Claimant.--A claimant who receives compensation for any claim 
under this Act, except for compensation provided under the authority of 
section 8103(b) of title 5, United States Code, shall not receive 
compensation for any other claim under this Act.
    (b) Survivor.--If a survivor receives compensation for any claim 
under this Act derived from a covered employee, except for compensation 
provided under the authority of section 8103(b) of title 5, United 
States Code, such survivor shall not receive compensation for any other 
claim under this Act derived from the same covered employee. A survivor 
of a claimant who receives compensation for any claim under this Act, 
except for compensation provided under the authority of section 8103(b) 
of title 5, United States Code, shall not receive compensation for any 
other claim under this Act derived from the same covered employee.
    (c) Widow or Widower.--A widow or widower who is eligible for 
benefits under this Act derived from more than one husband or wife 
shall elect one benefit to receive.

SEC. 18. COORDINATION OF BENEFITS--STATE WORKERS' COMPENSATION.

    (a) In General.--An individual who is eligible to receive 
compensation under this Act because of a cancer (including a specified 
cancer), chronic silicosis, covered beryllium illness, or death and who 
is also entitled to receive benefits because of the same cancer 
(including a specified cancer), chronic silicosis, covered beryllium 
illness, or death from a State workers' compensation system shall elect 
which such benefits to receive, unless--
            (1) at the time of injury, workers' compensation coverage 
        for the employee was secured by a policy or contract of 
        insurance; and
            (2) the Secretary of Labor waives the requirement to make 
        such an election.
    (b) Election.--The individual shall make the election within the 
time allowed by the Secretary of Labor. The election when made is 
irrevocable and binding on all survivors of that individual.
    (c) Coordination.--Except as provided in paragraph (d), an 
individual who has been awarded compensation under this Act and who 
also has received benefits from a State workers' compensation system 
because of the same cancer (including a specified cancer), chronic 
silicosis, covered beryllium illness, or death, shall receive 
compensation as specified under this Act reduced by the amount of any 
workers' compensation benefits that the individual has received under 
the State workers' compensation system as a result of the cancer 
(including a specified cancer), chronic silicosis, covered beryllium 
illness, or death attributable to the period subsequent to the 
effective date of this Act, after deducting the reasonable costs, as 
determined by the Secretary of Labor, of obtaining benefits under the 
State workers' compensation system.
    (d) Waiver.--An individual described in paragraph (a) who has also 
received, under paragraph (a)(2), a waiver of the requirement to elect 
between compensation under this Act and benefits under a State workers' 
compensation system shall receive compensation as specified in this Act 
for the cancer (including a specified cancer), chronic silicosis, 
covered beryllium illness, or death, reduced by 80 percent of the net 
amount of any workers' compensation benefits that the claimant has 
received under a State workers' compensation system attributable to the 
period subsequent to the effective date of this Act, after deducting 
the reasonable costs, as determined by the Secretary of Labor, of 
obtaining benefits under the State workers' compensation system.

SEC. 19. COORDINATION OF BENEFITS--FEDERAL WORKERS' COMPENSATION.

    (a) In General.--An individual who is eligible to receive 
compensation under this Act because of a cancer (including a specified 
cancer), chronic silicosis, covered beryllium illness, or death and who 
is also entitled to receive benefits because of the same cancer 
(including a specified cancer), chronic silicosis, covered beryllium 
illness, or death from another Federal workers' compensation system 
shall elect which such benefits to receive.
    (b) Election.--The individual shall make the election within the 
time allowed by the Secretary of Labor. The election when made is 
irrevocable and binding on all survivors of that individual.
    (c) Coordination.--An individual who has been awarded compensation 
under this Act and who also has received benefits from another Federal 
workers' compensation system because of the same cancer (including a 
specified cancer), chronic silicosis, covered beryllium illness, or 
death, shall receive compensation as specified under this Act reduced 
by the amount of any workers' compensation benefits that the individual 
has received under the other Federal workers' compensation system as a 
result of the cancer (including a specified cancer), chronic silicosis, 
covered beryllium illness, or death.

SEC. 20. RECEIPT OF BENEFITS--OTHER STATUTES.

    An individual may not receive compensation under this Act for 
cancer and also receive compensation under the Radiation Exposure 
Compensation Act (42 U.S.C. 2210 note) or the Radiation-Exposed 
Veterans Compensation Act (38 U.S.C. 112(c)).

SEC. 21. DUAL COMPENSATION--FEDERAL EMPLOYEES.

    (a) Limitation.--While a Federal employee is receiving compensation 
under this Act, or such 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, such 
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 administrated by the Department of 
        Veterans Affairs unless such benefits are payable for the same 
        covered illness or the same death; and
            (4) retired pay, retirement pay, retainer pay, or 
        equivalent pay for service in the Armed Forces or other 
        uniformed service.
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 the Government, does not impair the right of the 
employee to compensation for scheduled disabilities specified by 
section 8107 of title 5, United States Code.

SEC. 22. DUAL COMPENSATION--OTHER EMPLOYEES.

    An individual entitled to receive compensation under this Act 
because of a cancer (including a specified cancer), chronic silicosis, 
covered beryllium illness, or death covered by this Act of a covered 
employee, who also is entitled to receive from the United States under 
a provision of a statute other than this Act payments or benefits for 
that injury, illness or death (except proceeds of an insurance policy), 
because of service by such 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. The election when made is 
irrevocable, except as otherwise provided by statute.

SEC. 23. EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES, CONTRACTORS, 
              AND SUBCONTRACTORS.

    (a) In General.--The liability of the United States or an 
instrumentality of the United States under this Act with respect to a 
cancer (including a specified cancer), chronic silicosis, covered 
beryllium illness, or death of a covered employee is exclusive and 
instead of all other liability--
            (1) of--
                    (A) the United States;
                    (B) any instrumentality of the United States;
                    (C) a contractor that contracted with the 
                Department of Energy to provide management and 
                operation, management and integration, or environmental 
                remediation of a Department of Energy facility (in its 
                capacity as a contractor);
                    (D) a subcontractor that provided services, 
                including construction, at a Department of Energy 
                facility (in its capacity as a subcontractor); and
                    (E) an employee, agent, or assign of an entity 
                specified in subparagraphs (A) through (D);
            (2) to--
                    (A) the covered employee;
                    (B) the covered employee's legal representative, 
                spouse, dependents, survivors and next of kin; and
                    (C) any other person, including any third party as 
                to whom the covered employee has a cause of action 
                relating to the cancer (including a specified cancer), 
                chronic silicosis, covered beryllium illness, or death, 
                otherwise entitled to recover damages from the United 
                States, the instrumentality, the contractor, the 
                subcontractor, or the employee, agent, or assign of one 
                of them;
because of the cancer (including a specified cancer), chronic 
silicosis, covered beryllium illness, or death in any proceeding or 
action including a direct judicial proceeding, a civil action, a 
proceeding in admiralty, or a proceeding under a tort liability statute 
or the common law.
    (b) Applicability.--This section applies to all cases filed on 
after July 31, 2000.
    (c) Workers' Compensation.--This section does not apply to an 
administrative or judicial proceeding under a State or Federal workers' 
compensation statute subject to sections 18 through 22.

SEC. 24. ELECTION OF REMEDY AGAINST BERYLLIUM VENDORS AND ATOMIC 
              WEAPONS EMPLOYERS.

    (a) Beryllium Vendors.--If an individual elects to accept payment 
under this Act with respect to a covered beryllium illness or death of 
a covered employee, that acceptance of payment shall be in full 
settlement of all tort claims related to such covered beryllium illness 
or death--
            (1) against--
                    (A) a beryllium vendor or a contractor or 
                subcontractor of a beryllium vendor; and
                    (B) an employee, agent, or assign of a beryllium 
                vendor or of a contractor or subcontractor of a 
                beryllium vendor;
            (2) by--
                    (A) that individual;
                    (B) that individual's legal representative, spouse, 
                dependents, survivors, and next of kin; and
                    (C) any other person, including any third party as 
                to whom a covered employee has a cause of action 
                relating to the covered beryllium illness or death, 
                otherwise entitled to recover damages from the 
                beryllium vendor, the contractor or subcontractor of 
                the beryllium vendor, or the employee, agent, or assign 
                of the beryllium vendor, of the contractor or 
                subcontractor of the beryllium vendor;
that arise out of the covered beryllium illness or death in any 
proceeding or action including a direct judicial proceeding, a civil 
action, a proceeding in admiralty, or proceeding under a tort liability 
statute or the common law.
    (b) Atomic Weapons Employer.--If an individual elects to accept 
payment under this Act with respect to a cancer (including a specified 
cancer) or death of a covered employee, that acceptance of payment 
shall be in full settlement of all tort claims--
            (1) against--
                    (A) an atomic weapons employer; and
                    (B) an employee, agent, or assign of an atomic 
                weapons employer;
            (2) by--
                    (A) that individual;
                    (B) that individual's legal representative, spouse, 
                dependents, survivors, and next of kin; and
                    (C) any other person, including any third party as 
                to whom a covered employee has a cause of action 
                relating to the cancer (including a specified cancer) 
                or death, otherwise entitled to recover damages from 
                the atomic weapons employer, or the employee, agent, or 
                assign of the atomic weapons employer;
that arise out of the cancer (including a specified cancer) or death in 
any proceeding or action including a direct judicial proceeding, a 
civil action, a proceeding in admiralty, or proceeding under a tort 
liability statute or the common law.
    (c) Applicability.--
            (1) In general.--With respect to a case filed after the 
        date of enactment of this Act, alleging liability of--
                    (A) a beryllium vendor or a contractor or 
                subcontractor of a beryllium vendor for a covered 
                beryllium illness or death of a covered beryllium 
                employee; or
                    (B) an atomic weapons employer for a cancer 
                (including a specified cancer) or death of a covered 
                employee;
        the plaintiff shall not be eligible for benefits under this Act 
        unless the plaintiff files such case within the applicable time 
        limits in paragraph (2).
            (2) Time limits.--
                    (A) Suits against beryllium vendors.--Except as 
                provided in subparagraph (B), a case described in 
                paragraph (1)(A) shall be filed not later than the 
                later of--
                            (i) 180 days after the date of enactment of 
                        this Act; or
                            (ii) 180 days after the date the plaintiff 
                        first becomes aware that a covered beryllium 
                        illness or death of a covered beryllium 
                        employee may be connected to the exposure of 
                        the covered employee to beryllium in the 
                        performance of duty.
                    (B) New diagnoses.--A new period of limitation 
                under subparagraph (A)(ii) shall commence with each new 
                diagnosis of a covered beryllium illness that is 
                different from a previously diagnosed covered beryllium 
                illness.
                    (C) Suits against atomic weapons employers.--Except 
                as provided in subparagraph (D), a case described in 
                paragraph (1)(B) shall be filed not later than the 
                later of--
                            (i) 180 days after the date of enactment of 
                        this Act; or
                            (ii) 180 days after the date the plaintiff 
                        first becomes aware that a cancer (including a 
                        specified cancer) or death of a covered 
                        employee may be connected to the exposure of 
the covered employee to radiation in the performance of duty.
                    (D) New diagnoses.--A new period of limitation 
                under subparagraph (C)(ii) shall commence with each new 
                diagnosis of a cancer (including a specified cancer) 
                that is different from a previously diagnosed cancer.
    (c) Workers' Compensation.--This section does not apply to an 
administrative or judicial proceeding under a State or Federal workers' 
compensation statute subject to sections 3534 through 3538.

SEC. 25. SUBROGATION OF THE UNITED STATES.

    (a) In General.--If a cancer (including a specified cancer), 
covered beryllium illness, chronic silicosis, disability, or death for 
which compensation is payable under this Act 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 Act.
    (b) Appearance of Employee.--For the purposes of this Act, 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 Federal employee.

SEC. 26. ENERGY EMPLOYEES' OCCUPATIONAL ILLNESS COMPENSATION FUND.

    (a) Establishment.--There is hereby established on the books of the 
Treasury a fund to be known as the Energy Employees' Occupational 
Illness Compensation Fund. The Secretary of the Treasury shall transfer 
to the Fund from the general fund of the Treasury the amounts necessary 
to carry out the purposes of this Act.
    (b) Use of the Fund.--Amounts in the Fund shall be used for the 
payment of compensation under this Act and other benefits and expenses 
authorized by this Act or any extension or application thereof, and for 
payment of all expenses of the administration of this Act.
    (c) Cost Determinations.--(1) Within 45 days of the end of every 
quarter of every fiscal year, the Secretary of Labor shall determine 
the total costs of compensation, benefits, administrative expenses, and 
other payments made from the 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 compensation, benefits, and administrative expenses under this Act.
    (2) In making the determination under paragraph (1), the Secretary 
of Labor shall include, without amendment, information provided by the 
Secretary of Energy and the Secretary of Health and Human Services on 
the total costs and amounts anticipated to be needed for their 
activities under this Act.
    (3) Each cost determination made in the last quarter of the fiscal 
year under paragraph (1) shall show, in addition, the total costs of 
compensation, benefits, administrative expenses, and other payments 
from the Fund during the preceding 12-month expense period and an 
estimate of the expenditures from the Fund for the payment of 
compensation, benefits, administrative expenses, and other payments for 
each of the immediately succeeding two fiscal years.
    (d) Assuring Available Balance in the Fund.--Upon application of 
the Secretary of Labor, the Secretary of the Treasury shall advance 
such sums from the Treasury as are projected by the Secretary of Labor 
to be necessary, for the period of time equaling the date of a 
projected deficiency in the Fund through 90 days following the end of 
the fiscal year, for the payment of compensation and other benefits and 
expenses authorized by this Act or any extension or application 
thereof, and for payment of all expenses of administering this Act.

SEC. 27. EFFECTIVE DATE.

    This Act is effective upon enactment, and applies to all claims, 
civil actions, and proceedings pending on, or filed on or after, the 
date of enactment of this Act.

SEC. 28. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Section 1920 of title 18 is amended by inserting in the title 
``or Energy employee's'' after ``Federal employee's'' and by inserting 
``or the Energy Employees' Occupational Illness Compensation Act of 
2000'' after ``title 5''.
    (b) Section 1921 of title 18 is amended by inserting in the title 
``or Energy employees'' after ``Federal employees'' and by inserting 
``or the Energy Employees' Occupational Illness Compensation Act of 
2000'' after ``title 5''.
    (c) Section 210(a)(1) of the Energy Reorganization Act of 1974 (42 
U.S.C. 5851(a)(1)) is amended by--
            (1) in subparagraph (E), striking ``or;'' and inserting 
        ``;'',
            (2) in subparagraph (F), striking the period and inserting 
        ``; or'', and
            (3) after subparagraph (F) inserting a new subparagraph as 
        follows:
                    ``(G) filed an application for benefits or 
                assistance under the Energy Employees Occupational 
                Illness Compensation Act of 2000''.
    (d) Title II of the Department of Energy Organization Act (Public 
Law 95-91) is amended by adding at the end of the title the following:

               ``office of workers' compensation advocate

    ``Sec. 217. (a) There shall be within the Department an Office of 
Workers' Compensation Advocate. The Office shall be headed by a 
Director who shall be appointed by the Secretary. The Director shall be 
compensated at the rate provided for in level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.
    ``(b) The Director shall be responsible for providing information, 
research reports, and studies to support the implementation of the 
Energy Employees' Occupational Illness Compensation Act of 2000. Not 
later than 90 days after the date of enactment of this section, the 
Director shall enter into memoranda of agreement to provide for 
coordination of the efforts of the office with the Department of Labor 
and the Department of Health and Human Services.
    ``(c) The Director shall coordinate efforts within the Department 
to collect and make available to present and former employees of the 
Department and its predecessor agencies, present and former employees 
of contractors and subcontractors to the Department and its predecessor 
agencies, and other individuals who are or were present at facilities 
owned or operated by the Department or its predecessor agencies 
information on occupational conditions and exposures to health hazards. 
Such information shall include information on substances and their 
chemical forms to which employees may have been exposed, records and 
studies relevant to determining occupational hazards, raw dosimetry and 
industrial hygiene data, results from medical screening programs, 
accident and other relevant occurrence reports, and reports, 
assessments, or reviews by contractors, consultants, or external 
entities relevant to assessing risk of occupational hazards or illness.
    ``(d) If the Director determines that--
            ``(1) an entity within the Department or an entity that is 
        the recipient of a Departmental grant, contract, or cooperative 
        agreement possesses information necessary to carry out the 
        provisions of the Energy Employees' Occupational Illness 
        Compensation Act of 2000; and
            ``(2) the production and sharing of that information under 
        the provisions of the Energy Employees' Occupational Illness 
        Compensation Act of 2000 is being unreasonably delayed;
the Director shall have the authority, notwithstanding section 3213 of 
the National Nuclear Security Administration Act, to direct such entity 
to produce expeditiously such information in accordance with the 
provisions of this section and the Energy Employees' Occupational 
Illness Compensation Act of 2000.
    ``(e) The Director shall take actions to inform and assist 
potential claimants under the Energy Employees' Occupational Illness 
Compensation Act of 2000, pursuant to section 10(e) of such Act.''.
                                 <all>