[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2519 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2519

   To authorize compensation and other benefits for employees of the 
  Department of Energy, its contractors, subcontractors, and certain 
vendors who sustain illness or death related to exposure to beryllium, 
ionizing radiation, silica, or hazardous substances in the performance 
                of their duties, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2000

  Mr. Voinovich (for himself, Mr. Reid, Mr. DeWine, Mr. Kennedy, Mr. 
  Bryan, Mr. McConnell, Mr. Harkin, Mr. Thompson, Mr. Frist, and Mr. 
   Bunning) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To authorize compensation and other benefits for employees of the 
  Department of Energy, its contractors, subcontractors, and certain 
vendors who sustain illness or death related to exposure to beryllium, 
ionizing radiation, silica, or hazardous substances in 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 Compensation Act of 2000''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
 TITLE I--COMPENSATION AND BENEFITS FOR ILLNESSES RELATED TO BERYLLIUM 
                                EXPOSURE

Sec. 101. Definitions.
Sec. 102. Authority to provide compensation and benefits and certain 
                            additional assistance.
Sec. 103. Alternative compensation and benefits.
Sec. 104. Exposure to beryllium in the performance of duty.
Sec. 105. Authority to expand list of beryllium vendors and means of 
                            establishing covered illnesses.
Sec. 106. Submittal of claims.
Sec. 107. Allowance or denial of claims by the Secretary of Labor.
Sec. 108. Review by administrative law judges of actions on claims by 
                            the Secretary of Labor.
Sec. 109. Review of administrative law judge decisions by Benefits 
                            Review Board and United States courts of 
                            appeals.
Sec. 110. Reconsideration of claims.
Sec. 111. Administrative matters relating to decisions on claims.
Sec. 112. Representation of claimants.
Sec. 113. Computation of pay for purposes of payment of compensation.
Sec. 114. Treatment of compensation and benefits.
Sec. 115. Effect of receipt of compensation and benefits on right to 
                            receive certain other benefits.
Sec. 116. Satisfaction of claims against the United States and 
                            beryllium vendors.
Sec. 117. Assignment of claims.
Sec. 118. Forfeiture of compensation and benefits by convicted felons.
Sec. 119. Civil service retention rights.
Sec. 120. Subrogation of the United States.
Sec. 121. Memorandum of understanding.
Sec. 122. Other administrative provisions.
Sec. 123. Energy Employees' Beryllium Compensation Fund.
Sec. 124. Regulations.
Sec. 125. Annual report.
Sec. 126. Authorization of appropriations for costs of administration.
 TITLE II--COMPENSATION AND BENEFITS FOR ILLNESSES RELATED TO EXPOSURE 
        TO IONIZING RADIATION, SILICA, AND HAZARDOUS SUBSTANCES

Sec. 201. Definitions.
                Subtitle A--Cancer and Related Illnesses

Sec. 211. Authority to provide compensation and benefits and certain 
                            additional assistance.
Sec. 212. Alternative compensation and benefits.
Sec. 213. Exposure to ionizing radiation, silica, and other hazardous 
                            substances in the performance of duty.
Sec. 214. Authority to specify additional illnesses associated with 
                            exposure to radiation and hazardous 
                            substances.
Sec. 215. Submittal of claims.
Sec. 216. Allowance or denial of claims by the Secretary of Labor.
Sec. 217. Review by administrative law judges of actions on claims by 
                            the Secretary of Labor.
Sec. 218. Review of administrative law judge decisions by Benefits 
                            Review Board and United States courts of 
                            appeals.
Sec. 219. Reconsideration of claims.
Sec. 220. Administrative matters relating to decisions on claims.
Sec. 221. Representation of claimants.
Sec. 222. Computation of pay for purposes of payment of compensation.
Sec. 223. Treatment of compensation and benefits.
Sec. 224. Effect of receipt of compensation and benefits on right to 
                            receive certain other benefits.
Sec. 225. Satisfaction of claims against the United States, Department 
                            of Energy contractors, and Department of 
                            Energy uranium vendors.
Sec. 226. Assignment of claims.
Sec. 227. Forfeiture of compensation and benefits by convicted felons.
Sec. 228. Civil service retention rights.
Sec. 229. Subrogation of the United States.
Sec. 230. Other administrative provisions.
                      Subtitle B--Other Illnesses

Sec. 241. Compensation and benefits for other illnesses.
Sec. 242. Procedures relating to certain determinations of eligibility 
                            for compensation and benefits.
Sec. 243. Presumed occupational diseases.
                     Subtitle C--General Provisions

Sec. 251. Memorandum of understanding.
Sec. 252. Regulations.
Sec. 253. Nuclear Employees' Radiation Compensation Fund.
Sec. 254. Annual report.
Sec. 255. Authorization of appropriations for costs of administration.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (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 involves unique dangers, including potential 
        catastrophic nuclear accidents that private insurance carriers 
        will not cover, as well as chronic exposures to radioactive and 
        hazardous substances, such as beryllium, that could medical 
        harm even in small amounts.
            (2) Since the inception of the nuclear weapons production 
        program and for several decades afterwards, large numbers of 
        nuclear weapons workers at Department of Energy and atomic 
        weapons sites 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 previously secret records document the 
        continuing unmonitored exposure of employees to radiation, 
        beryllium, heavy metals, and toxic substances at Department of 
        Energy sites across the country.
            (4) 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 Federal 
        agency has been afforded such sweeping powers of self-
        regulation with respect to hazardous activities.
            (5) 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 on workers who sought compensation. 
Department of Energy contractors have been held harmless, even for acts 
of negligence, while Department of Energy workers have been denied 
workers compensation coverage for occupational disease. The policy to 
avoid legal liabilities at all costs has been in place for decades.
            (6) Over the past 20 years more than 24 scientific findings 
        have emerged that indicate that Department of Energy workers 
        are experiencing increased risks of death from cancer and 
        nonmalignant diseases at numerous facilities that provided for 
        the United States nuclear deterrent. Several of these studies 
        also establish a correlation between such increased risk of 
        disease and exposure to radiation and beryllium.
            (7) Existing information indicates that State workers' 
        compensation programs do not provide on a uniform basis 
        adequate compensation for the types of occupational illnesses 
        and diseases related to nuclear weapons production.
            (8) The civilian employees 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.

 TITLE I--COMPENSATION AND BENEFITS FOR ILLNESSES RELATED TO BERYLLIUM 
                                EXPOSURE

SEC. 101. DEFINITIONS.

    (a) In General.--In this title:
            (1) Department of energy.--The term ``Department of 
        Energy'' includes any predecessor agency of the Department of 
        Energy.
            (2) Department of energy facility.--
                    (A) In general.--The term ``Department of Energy 
                facility'' means any building, structure, or premise, 
                including the grounds upon which such building, 
                structure, or premise is 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 to provide management and operation, 
                management and integration, or environmental 
                remediation services.
                    (B) Exclusion.--The term shall not include any 
                naval reactor facility covered under Executive Order 
                No. 12344.
            (3) Beryllium vendor.--The term ``beryllium vendor'' means 
        any of the following corporations:
                    (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 Gordon, Incorporated.
                    (I) Any other vendor, processor, or producer of 
                beryllium or related products designated by the 
                Secretary of Labor as a beryllium vendor under section 
                105(a).
            (4) Covered employee.--The term ``covered employee'' means 
        the following:
                    (A) A current or former 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 any entity specified in 
                section 201(a)(3)(B).
                    (B) A current or former employee of a beryllium 
                vendor during a period when the vendor entity was 
                engaged in activities relating to the production or 
                processing of beryllium for sale to, or use by, the 
                Department of Energy.
                    (C) A current or former employee (as that term is 
                defined in section 8101(1) of title 5, United States 
                Code) who is or was employed at a Department of Energy 
                facility or at a facility owned, operated, or occupied 
                by a beryllium vendor.
            (5) Covered illness.--The term ``covered illness'' means 
        any of the following conditions:
                    (A) Beryllium sensitivity as established by--
                            (i) for diagnoses on or after January 1, 
                        1993, an abnormal beryllium lymphocyte 
                        proliferation test performed on either blood or 
                        lung lavage cells;
                            (ii) for diagnoses before January 1, 1993, 
                        the presence of 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 
                                chronic respiratory disorder.
                                    (VI) Immunologic tests showing 
                                beryllium sensitivity (skin patch test 
                                or beryllium blood test preferred); or
                            (iii) other means specified under section 
                        105(b).
                    (B) Chronic beryllium disease as established--
                            (i) by--
                                    (I) beryllium sensitivity, as 
                                established in accordance with 
                                subparagraph (A); and
                                    (II) lung pathology consisting 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; 
                                        or
                            (ii) by other means specified under section 
                        105(b).
                    (C) Any injury, illness, impairment, or disability 
                sustained as a consequence of a covered illness 
                referred to in subparagraph (A) or (B).
            (6) Survivor.--The term ``survivor'', in the case of a 
        covered employee, means any individual who stands in relation 
        to the covered employee as an individual referred to clause 
        (i), (ii), or (iii) of paragraph (3)(D) of section 8109(a) of 
        title 5, United States Code, stands in relation to an 
        individual under that section.
            (7) Time of injury.--The term ``time of injury'', in the 
        case of a covered employee, means the last date on which the 
        covered employee was exposed to beryllium in the performance of 
        duty.
    (b) Terms Used in Administration.--Except as otherwise provided in 
this title, in any case where a provision of this title provides for 
the application of a provision of title 5, United States Code, the 
terms in section 8101 of title 5, United States Code, shall apply in 
the application of such provision of title 5, United States Code, under 
this title.

SEC. 102. AUTHORITY TO PROVIDE COMPENSATION AND BENEFITS AND CERTAIN 
              ADDITIONAL ASSISTANCE.

    (a) Compensation and Benefits on Allowance of Claim.--Subject to 
the provisions of this title, the Secretary of Labor shall, upon the 
allowance of a claim for disability or death under this title--
            (1) pay compensation for the disability or death in 
        accordance with sections 8105 through 8110, 8111(a), 8112, 
        8113(a), 8115, 8117, 8133 through 8135, and 8146a of title 5, 
        United States Code;
            (2) reimburse the claimant for any costs incurred by the 
        claimant (other than costs previously paid for or reimbursed 
        under subsection (d)(3)) for medical testing and diagnostic 
        services necessary to establish the existence of the covered 
        illness concerned;
            (3) reimburse the claimant for any additional reasonable 
        medical expenses incurred by the claimant in establishing the 
        claim;
            (4) in the case of a covered employee, furnish the services 
        and other benefits specified in section 8103 of title 5, United 
        States Code; and
            (5) in the case of a permanently disabled covered 
        employee--
                    (A) inform the covered employee of the availability 
                of vocational rehabilitation services under sections 
                8104 and 8111(b) of title 5, United States Code; and
                    (B) furnish such services to the covered employee 
                in accordance with such sections.
    (b) Limitations on Compensation and Benefits.--(1) No compensation 
or benefits may be paid or provided under subsection (a) for a covered 
illness or death if the covered 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) No compensation may be paid under this title for any period 
before the date of the enactment of this Act, except in the case of 
compensation under section 103.
    (c) Assistance for Claimants.--The Secretary of Labor shall, upon 
the submittal of a claim under this title for compensation and benefits 
under subsection (a)--
            (1) provide assistance to the claimant in connection with 
        the claim, including--
                    (A) assistance in securing medical testing and 
                diagnostic services necessary to establish the 
                existence of a covered illness; and
                    (B) such other assistance as may be required to 
                develop facts pertinent to the claim; and
            (2) provide such information to the authority with 
        responsibility for the allowance of claims under section 107, 
        or for review thereof under sections 108 and 109, as such 
        authority may request for purposes of determining eligibility 
        for or amount of compensation or benefits under the claim, or 
        verifying other information with respect thereto.
    (d) Assistance for Potential Claimants.--The Secretary of Labor and 
the Secretary of Energy shall each take appropriate actions to inform 
and assist covered employees who are potential claimants under this 
title, and other potential claimants under this title, of the 
availability of compensation and benefits under this title, 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 
                illness; and
                    (B) lists of vendors approved for providing 
                laboratory services related to such medical testing and 
                diagnosis;
            (3) pay or reimburse such covered employees and other 
        potential claimants for the costs of medical testing and 
        diagnostic services necessary to establish the existence of a 
        covered illness, including use of payment vouchers for that 
        purpose; and
            (4) 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.
    (e) Information From Beryllium Vendors and Other Contractors.--As 
part of the assistance provided under subsections (c) and (d), the 
Secretary of Energy shall, upon 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 title to the Secretary of Labor.

SEC. 103. ALTERNATIVE COMPENSATION AND BENEFITS.

    (a) Election of Covered Employees.--(1) Subject to the provisions 
of this section, a covered employee described in paragraph (2) may 
elect to receive compensation in the amount of $200,000, as adjusted 
from time to time pursuant to section 8146a(a) of title 5, United 
States Code, together with medical services and benefits specified in 
section 8103(a) of title 5, United States Code, in lieu of any other 
compensation and benefits which the covered employee might otherwise be 
allowed under this title.
    (2) A covered employee described in this paragraph is any covered 
employee who--
            (A) was exposed to beryllium in the performance of duty; 
        and
            (B) was diagnosed as having--
                    (i) a covered illness; or
                    (ii) a beryllium-related pulmonary condition, 
                whether or not based upon the criteria necessary to 
                establish the existence of a covered illness under this 
                title, that was determined, either contemporaneously or 
                at any later time, to be consistent with chronic 
                beryllium disease.
    (b) Election of Survivors.--(1) Subject to the provisions of this 
section, if a covered employee otherwise eligible to make an election 
authorized by subsection (a) dies before the date of the enactment of 
this Act, or before making the election, whether or not the death is 
the result of a beryllium-related condition, a survivor of the covered 
employee (on behalf of the survivor and any other survivors of the 
covered employee) may elect to receive compensation under that 
subsection in lieu of any other compensation or benefits which such 
survivors might otherwise be allowed under this title.
    (2) The right to make an election under paragraph (1) shall be 
afforded to the survivors of a covered employee in the order of 
precedence set forth in section 8109(a)(3)(D) of title 5, United States 
Code.
    (c) Timing of Election.--An election to receive compensation and 
benefits under this section may be made at any time after the submittal 
under this title of the claim on which such compensation and benefits 
is based, but not later than 30 days after the date of the allowance or 
denial of the claim by the Secretary of Labor under section 107.
    (d) Irrevocability of Election.--(1) An election under this section 
when made is irrevocable.
    (2) An election under this section by a covered employee is binding 
on any survivors of the covered employee.
    (e) Prohibition on Additional Benefits.--When a covered employee, 
or the survivor of a covered employee, elects to receive compensation 
and benefits under this section for a covered illness or beryllium-
related pulmonary condition, no other compensation or benefits may be 
paid or provided under this title on account of the covered illness or 
beryllium-related condition, or any other covered illness or beryllium-
related pulmonary condition, of the covered employee.
    (f) Effect of Determination Regarding Beryllium-Related Pulmonary 
Condition.--The determination that a covered employee, or survivor of a 
covered employee, has established the existence of a beryllium-related 
pulmonary condition pursuant to subsection (a) does not constitute a 
determination that the covered employee, or survivor, as the case may 
be, has established the existence of a covered illness for any other 
purpose.

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

    For purposes of this title, in the absence of substantial evidence 
to the contrary, a covered employee shall be treated as having been 
exposed to beryllium in the performance of duty if the covered employee 
was employed at a Department of Energy facility, or was present at the 
facility, or 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, during a 
period when beryllium dust particles or vapor may have been present at 
such facility.

SEC. 105. AUTHORITY TO EXPAND LIST OF BERYLLIUM VENDORS AND MEANS OF 
              ESTABLISHING COVERED ILLNESSES.

    (a) Beryllium Vendors.--The Secretary of Labor may from time to 
time, and in consultation with the Secretary of Energy, designate as a 
beryllium vendor for purposes of section 101(a)(3) 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 Labor finds that such vendor, processor, or producer has 
been engaged in activities related to the production of processing of 
beryllium for sale to, or use by, the Department of Energy in a manner 
similar to the entities listed under or previously designated for 
purposes of that section.
    (b) Means of Establishing Covered Illnesses.--Not later than 180 
days after receiving peer-reviewed scientific or medical information 
on means of establishing the existence of a covered illness referred to 
in subparagraph (A) or (B) of section 101(a)(5) not previously listed 
under or specified for purposes of such subparagraph, the Secretary of 
Labor shall specify additional means of establishing the existence of a 
covered illness referred to in such subparagraph.

SEC. 106. SUBMITTAL OF CLAIMS.

    (a) Claim Required.--Except as otherwise provided in this section, 
a claim for compensation and benefits under this title 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 and 
benefits under this title shall be filed under this section not later 
than the later of--
            (1) seven years after the date of the enactment of this 
        Act; or
            (2) seven years after the date the claimant first becomes 
        aware that a covered illness, beryllium-related pulmonary 
        condition, or death from such illness or condition of a covered 
        employee may be connected to the exposure of the covered 
        employee to beryllium 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 
diagnosis of a covered illness or beryllium-related pulmonary condition 
that is different from a previously diagnosed covered illness or 
condition.
    (d) Treatment of Certain Claims.--For purposes of subsection (b), 
the filing of a disability claim for a covered illness or beryllium-
related pulmonary condition shall be treated as the filing of a death 
claim for such covered illness or condition.

SEC. 107. ALLOWANCE OR DENIAL OF CLAIMS BY THE SECRETARY OF LABOR.

    (a) In General.--(1) The Secretary of Labor shall allow or deny 
each claim for compensation and benefits submitted under section 106.
    (2) The Secretary may allow or deny a claim, in whole or in part.
    (b) Standard of Review.--The Secretary of Labor shall allow a claim 
under subsection (a) if the Secretary finds that a disability or death 
of a covered employee as specified in the claim resulted from a covered 
illness sustained by the covered employee by reason of exposure to 
beryllium in the performance of duty. Otherwise, the Secretary shall 
deny the claim.
    (c) Findings of Fact.--(1) In allowing or denying a claim under 
this section, the Secretary of Labor shall make findings of fact with 
respect to the claim.
    (2) For purposes of making findings with respect to a claim, the 
Secretary of Labor--
            (A) shall consider the claim, the results of any medical 
        test or diagnosis undertaken to establish the existence of a 
        covered illness, and any report furnished by the Secretary of 
        Energy with respect to the claim; and
            (B) may conduct such investigation as the Secretary of 
        Labor considers appropriate.
    (d) Available Authorities.--In carrying out activities under 
subsection (c), the Secretary of Labor may utilize the authorities 
available to the Secretary under sections 8123, 8125, and 8126 of title 
5, United States Code.
    (e) Deadline.--The Secretary of Labor shall allow or deny a claim 
under this section not later than 120 days after the date of the 
submittal of the claim to the Secretary under section 106.
    (f) Service of Decision.--The Secretary of Labor shall have served 
upon a claimant the Secretary's decision allowing or denying a claim 
under this section and any findings of fact in support of such 
decision.
    (g) Finality.--Unless a hearing is requested pursuant to section 
108(a), the decision to allow or deny a claim under this section, and 
any findings in support of such decision, shall become final and 
conclusive at the end of the 30-day period beginning on the date of 
service with respect to the claim under subsection (f).

SEC. 108. REVIEW BY ADMINISTRATIVE LAW JUDGES OF ACTIONS ON CLAIMS BY 
              THE SECRETARY OF LABOR.

    (a) In General.--A claimant for compensation and benefits under 
this title is entitled, upon request made by the claimant to the 
Secretary of Labor, to the review by an administrative law judge 
appointed under section 3105 of title 5, United States Code, of the 
decision to allow or deny a claim, and of any findings of fact in 
support of such decision, by the Secretary of Labor under section 107.
    (b) Timing of Requests for Review.--(1) Except as provided in 
paragraph (2), a request under subsection (a) with respect to a claim 
shall be made not later than the end of the 30-day period beginning on 
the date of service by the Secretary of Labor with respect to the claim 
under section 107(f).
    (2) An administrative law judge may extend the period for 
requesting a review under paragraph (1) upon petition of a claimant and 
good cause shown.
    (c) Hearings.--(1) An administrative law judge shall hold a hearing 
on each review requested under subsection (a).
    (2) Except as provided in paragraphs (3) and (4), any hearing under 
this subsection shall be conducted in accordance with the provisions of 
section 554 of title 5, United States Code.
    (3) A claimant may introduce at a hearing with respect to a claim 
under paragraph (1) evidence not previously presented in support of the 
claim.
    (4) The parties to a hearing under this subsection shall be 
strictly limited to a claimant and the Secretary of Labor (or the 
Secretary's designee).
    (d) Powers and Duties of ALJ.--An administrative law judge shall, 
in the conduct of a hearing under subsection (c) and otherwise in the 
review of a claim under subsection (a), have the following powers, 
duties, and responsibilities:
            (1) The powers, duties, and responsibilities vested in the 
        Secretary of Labor by section 8124(b)(2) of title 5, United 
        States Code.
            (2) The power to preserve and enforce order during 
        hearings.
            (3) The power 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.
            (4) The power to examine witnesses.
            (5) The power to do any other thing authorized by law that 
        the administrative law judge considers appropriate for the 
        effective discharge of responsibilities under this section.
    (e) Contumacy.--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 of the United States 
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.
    (f) Closure of Record.--The record on a hearing under this section 
shall close at the conclusion of the hearing, except when the 
administrative law judge grants, for good cause, an extension not to 
exceed 30 days for the submission of additional evidence and argument.
    (g) Decision.--(1) Not later than 45 days after the closing of the 
record on a claim under subsection (f), but in no event later than 180 
days after receipt of the claimant's request for a hearing on the 
claim, the administrative law judge shall make a decision on the claim.
    (2) In a decision under this subsection and in accordance with the 
facts found on review of a claim, an administrative law judge may 
terminate, decrease, or increase the compensation or benefits 
previously allowed on the claim, or allow compensation or benefits 
previously refused or discontinued.
    (h) Service of Decision.--(1) An administrative law judge shall 
file with the Secretary of Labor a copy of each decision made by the 
administrative law judge under subsection (g).
    (2) An administrative law judge shall have served on the claimant 
the decision made by the administrative law judge with respect to the 
claim under subsection (g), including the basis of such decision.
    (i) Effective Date of Decision.--Unless appealed to the Benefits 
Review Board under section 109, the decision of an administrative law 
judge, including any allowance as a result thereof, on a claim under 
this section shall--
            (1) become effective upon filing of the decision with the 
        Secretary of Labor and service upon the claimant under 
        subsection (h); and
            (2) become final and conclusive at the end of the 30-day 
        period beginning on the date of such service.

SEC. 109. REVIEW OF ADMINISTRATIVE LAW JUDGE DECISIONS BY BENEFITS 
              REVIEW BOARD AND UNITED STATES COURTS OF APPEALS.

    (a) In General.--A claimant aggrieved by the decision of an 
administrative law judge under section 108 may seek review of the 
decision by the Benefits Review Board established by section 21(b) of 
the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921(b)).
    (b) Timing of Requests for Review.--(1) Except as provided in 
paragraph (2), a request under subsection (a) for the review of a 
decision shall be made not later than the end of the 30-day period 
beginning on the effective date of the decision under section 
108(i)(1).
    (2) The Benefits Review Board may extend the period for requesting 
the review of a decision under paragraph (1) by not more than 30 
additional days, upon petition of the claimant and good cause shown.
    (c) Powers and Duties of Benefits Review Board.--(1) Except as 
provided in paragraph (2), the Benefits Review Board is authorized to 
hear and determine a request for a review of a decision under this 
section in accordance with and pursuant to the authority vested in the 
Board by section 21(b) of the Longshore and Harbor Workers' 
Compensation Act.
    (2) The parties to a proceeding under this subsection shall be 
strictly limited to a claimant and the Secretary of Labor (of the 
Secretary's designee).
    (d) Deadline for Final Determination.--The Benefits Review Board 
shall make its final determination with regard to the review of a 
decision under this section not later than 240 days after the receipt 
of the request for the review under subsection (a).
    (e) Review of Final Determination by United States Courts of 
Appeals.--(1) A claimant adversely affected or aggrieved by a final 
determination of the Benefits Review Board under subsection (d) may 
obtain review of the final determination in the United States court of 
appeals for the circuit in which the claimant resides.
    (2) The review of a final determination by the United States court 
of appeals under paragraph (1) shall be governed by the provisions of 
section 21(c) of the Longshore and Harbor Workers' Compensation Act.

SEC. 110. RECONSIDERATION OF CLAIMS.

    (a) Designation of Additional Beryllium Vendors or Means of 
Establishing Covered Illnesses.--Notwithstanding any other provision of 
this title, upon the designation of additional beryllium vendors under 
section 105(a), or the specification of additional means of 
establishing covered illnesses under section 105(b), a claimant, or, in 
the case of deceased covered employee who was a claimant, a survivor of 
such covered employee, may obtain the reconsideration of a decision 
denying the claim under this title.
    (b) New Evidence.--Notwithstanding any other provision of this 
title, a claimant or, in the case of deceased covered employee who was 
a claimant, a survivor of such covered employee, may obtain 
reconsideration of a decision denying the claim under this title based 
on new evidence.
    (c) Procedures for Reconsideration.--The submittal of an 
application for reconsideration of a claim under this section shall be 
treated as the submittal of a claim under section 106 for purposes of 
this title, except that the limitations specified in subsection (b) of 
that section shall not apply to the reconsideration of the claim under 
this section.

SEC. 111. ADMINISTRATIVE MATTERS RELATING TO DECISIONS ON CLAIMS.

    (a) Failure To Act.--The failure of an authority specified in 
section 107, 108, or 109 to make a decision on a claim within the time 
period required for the decision under the applicable section shall 
result in a decision in favor of the claimant on the claim under such 
section.
    (b) Resolution of Reasonable Doubt.--Any reasonable doubt with 
regard to whether or not a claim meets requirements of this title 
applicable to the claim shall be resolved in favor of the claimant.
    (c) Use of Physician Services.--In securing medical testing and 
diagnostic services to establish the existence of a covered illness 
under this title, a claimant may utilize a physician of the claimant's 
choice, or a physician sponsored by the Department of Labor or the 
beryllium vendor or other Department of Energy contractor or 
subcontractor concerned, if available.
    (d) Production of Information.--(1) A claimant may commence an 
action in the appropriate district court of the United States against 
the Department of Energy, a beryllium vendor, or other contractor or 
subcontractor of the Department, to compel the production of 
information or documents requested by the Secretary of Labor, an 
administrative law judge, or the Benefits Review Board under this title 
if such information or documents are not provided within 60 days after 
the date of the request.
    (2) Upon successful resolution of any action brought under this 
subsection, the court shall award the claimant reasonable attorney fees 
and costs.
    (3) Any costs awarded against the Department of Energy, or a 
beryllium vendor, or other contractor or subcontractor of the 
Department, shall be considered costs incurred by the Secretary of 
Energy, beryllium vendor or contractor or subcontractor, as the case 
may be, which may not be payable from amounts in the Energy Employees' 
Beryllium Compensation Fund.
    (e) No Right of Review in United States or Contractors.--(1) 
Sections 108 and 109 shall not be construed to confer upon the 
Secretary of Energy or the Secretary of Labor, any beryllium vendor, or 
any other contractor of subcontractor of the Department of Energy, any 
right to a hearing or review on a matter covered by such sections.
    (2) In any review under section 108 or 109 of a decision of the 
Secretary of Labor under section 107, the Secretary of Labor (or the 
Secretary's designee) may appear before an administrative law judge, 
the Benefits Review Board, or a United States court of appeals for 
purposes of explaining the Secretary's decision under section 107.

SEC. 112. REPRESENTATION OF CLAIMANTS.

    (a) In General.--A claimant may authorize an attorney to represent 
the claimant in any proceeding under this title.
    (b) Attorney Fees and Costs in Later Proceedings.--(1) If a 
claimant in a proceeding under section 108 or 109 who is represented by 
an attorney in such proceeding is successful in such proceeding, there 
shall be awarded, in addition to any allowance of compensation and 
benefits under this title, reasonable attorney fees and costs 
associated with such proceeding as approved by the administrative law 
judge, the Benefits Review Board, or court in such proceeding.
    (2) If a claimant described in paragraph (1) is successful in a 
proceeding covered by that paragraph by reason of a finding that the 
denial of the claim of the claimant under section 107 was arbitrary and 
capricious, the claimant shall be awarded, in addition to any award of 
attorney fees and costs under that paragraph, an amount equal to 10 
percent per year on the claim for each year from the date of the 
original denial of the claim.
    (3)(A) Except as provided in subparagraph (B), any award of 
attorney fees and costs under paragraph (1) shall be paid from the 
Energy Employees' Beryllium Compensation Fund directly to the attorney 
in a lump sum after the order on which the award is based becomes 
final.
    (B) Any award of attorney fees, costs, and other amounts under this 
subsection for a claimant described in paragraph (2) shall be 
considered costs incurred by the Secretary of Labor, and shall not be 
paid from the Energy Employees' Beryllium Compensation Fund.
    (c) Limitation on Charges for Services Covered by Award of Attorney 
Fees.--(1) An attorney awarded attorney fees under this section for 
services provided with respect to a proceeding may not collect from the 
claimant, whether directly or indirectly, for such services.
    (2) Whoever violates paragraph (1) shall be subject to a civil fine 
of not more than $5,000, imposed by the Secretary of Labor.
    (3) Any amounts collected under paragraph (2) shall be deposited in 
the Energy Employees' Beryllium Compensation Fund.

SEC. 113. COMPUTATION OF PAY FOR PURPOSES OF PAYMENT OF COMPENSATION.

    For purposes of this title, the monthly pay of a covered employee 
shall be computed in accordance with section 8114 of title 5, United 
States Code.

SEC. 114. TREATMENT OF COMPENSATION AND BENEFITS.

    (a) In General.--Any compensation or benefits allowed, paid, or 
provided under this title--
            (1) shall not be considered income for purposes of the 
        Internal Revenue Code, and shall not be subject to Federal 
        income tax under the internal revenue laws of the United 
        States;
            (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) Insurance.--(1) Compensation or benefits paid or provided 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 compensation or benefits to repay any 
insurance carrier for insurance payments made.
    (2) The payment or provision of compensation or benefits under this 
title shall not be treated as affecting any claim against an insurance 
carrier with respect to insurance.

SEC. 115. EFFECT OF RECEIPT OF COMPENSATION AND BENEFITS ON RIGHT TO 
              RECEIVE CERTAIN OTHER BENEFITS.

    (a) Remuneration From the Federal Government.--While a covered 
employee described in section 101(a)(4)(C) is receiving compensation or 
benefits under this title, or if the covered employee has been paid 
compensation in 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) benefits administered by the Secretary of Veterans 
        Affairs, unless such benefits are payable for the same covered 
        illness or death;
            (4) retired pay, retirement pay, retainer pay, or 
        equivalent pay for service in the Armed Forces or any 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.
    (b) Election of Federal Benefits.--(1) An individual who is allowed 
compensation or benefits under this title for a covered illness or 
death of a covered employee described in section 101(a)(4)(C) and who 
is entitled to receive benefits from the United States under a 
provision of law other than this title for the 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 of the Federal Government or as a member in the Armed Forces, 
shall elect to receive compensation or benefits under this title or 
benefits under such other provision of law.
    (2) An individual described in paragraph (1) shall make the 
election provided for in that paragraph within the time allowed by the 
Secretary of Labor by regulation.
    (3)(A) An election under paragraph (1) when made is irrevocable, 
except--
            (i) when otherwise provided by statute; and
            (ii) when compensation or benefits under this title, or 
        benefits under such other provision of law, are modified by a 
        law enacted after the date of the enactment of this Act.
    (B) The Secretary of Labor shall provide for the manner and time of 
any election arising under subparagraph (A)(ii).
    (c) State Workers' Compensation.--(1) Subject to paragraph (2), an 
individual who is allowed compensation or benefits under this title for 
a covered illness or death of a covered employee and who is entitled to 
receive benefits because of the covered illness or death from a State 
workers' compensation system shall elect--
            (A) to receive compensation and benefits under this title; 
        or
            (B) to receive compensation and benefits in part under this 
        title and in part under the State workers' compensation system 
        as provided for under subsection (d).
    (2) An election shall not be required under paragraph (2) if--
            (A) at the time of injury, the State workers' compensation 
        coverage for the covered employee was secured by a policy or 
        contract of insurance; and
            (B) the Secretary of Labor waives the requirement to make 
        the election.
    (3) An individual required to make an election provided for under 
paragraph (1) shall make the election within the time allowed by the 
Secretary of Labor by regulation.
    (4)(A) An election under paragraph (1) when made is irrevocable, 
unless the level of compensation or benefits under this title, or under 
the applicable workers' compensation system referred to in that 
paragraph, is modified by a law enacted after the date of the enactment 
of this Act.
    (B) The Secretary of Labor shall provide for the manner and time of 
any election arising under subparagraph (A).
    (d) Previous Award Under State Workers' Compensation or 
Insurance.--(1) An individual who has been awarded workers compensation 
on a claim, or entered into a settlement of a claim, under a State 
workers' compensation system or insurance for an occupational disease 
or prospective occupational disease arising out of the exposure of a 
covered employee at a Department of Energy facility may file a claim 
for compensation and benefits under this title.
    (2) The amount of compensation payable under this title to an 
individual described in paragraph (1) shall be the amount to which the 
individual is otherwise entitled under this title minus the amount of 
any workers' compensation benefits provided under paragraph (1) as the 
amount of such benefits are adjusted for inflation in constant dollars 
in the year in which compensation payable under this title commences.
    (e) Coordination of Federal and State Benefits.--An individual who 
elects under subsection (c)(1)(B) to receive compensation and benefits 
in part under this title and in part under a State workers' 
compensation system shall receive under this title the compensation and 
benefits to which the individual is entitled under this title reduced 
by the amount of any workers' compensation benefits that the individual 
receives or will receive under the State workers' compensation system 
during the period that compensation and benefits are provided under 
this title, except that the amount of such reduction shall not include 
an amount equal to the reasonable costs (including legal and medical 
costs not reimbursed under this title), as determined by the Secretary 
of Labor by regulation, incurred by the individual of obtaining such 
compensation and benefits.

SEC. 116. SATISFACTION OF CLAIMS AGAINST THE UNITED STATES AND 
              BERYLLIUM VENDORS.

    The receipt by an individual of compensation and benefits pursuant 
to the award of a claim under this title shall constitute full 
settlement of all claims against the United States under chapter 171 of 
title 28, United States Code (commonly referred to as the Federal Tort 
Claims Act), or any other provision of law, or against the beryllium 
vendor or other contractor or subcontractor of the Department of 
Energy, that arise of the exposure of the covered employee concerned to 
beryllium in the performance of duty.

SEC. 117. ASSIGNMENT OF CLAIMS.

    (a) Prohibition.--A claim under this title is not assignable or 
transferable, and any assignment or other transfer of such claim is 
void.
    (b) Attachment.--Compensation paid under this title, and any claims 
therefor, are exempt from the claims of any creditors.

SEC. 118. FORFEITURE OF COMPENSATION AND BENEFITS BY CONVICTED FELONS.

    (a) Forfeiture of Eligibility for Fraud in Connection With 
Benefits.--(1) 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 
compensation or benefits, whether under this title or under any other 
Federal or State workers' compensation program or system, shall forfeit 
as of the date of such conviction any compensation or benefits to which 
such individual would otherwise be entitled for a covered illness under 
this title based on a time of injury on or before the date of such 
conviction.
    (2) Forfeiture for a conviction under paragraph (1) shall be in 
addition to any action the Secretary of Labor may take pursuant to 
section 8106 or 8129 of title 5, United States Code, for the 
conviction.
    (b) Prohibition on Benefits During Incarceration for Felony.--(1) 
Notwithstanding any other provision of law and except as provided in 
paragraph (3), no compensation or benefits may be paid or provided 
under this title to or for any individual during any period during 
which such individual is confined in a jail, prison, or other penal 
institution or correctional facility pursuant to such individual's 
conviction of an offense that constituted a felony under applicable 
law.
    (2) An individual described in paragraph (1) may not receive any 
benefits foregone under that paragraph for a period of incarceration 
described in that paragraph after the end of the period of 
incarceration.
    (3)(A) If an individual described in paragraph (1) has one or more 
dependents (as that term is defined in section 8110(a) of title 5, 
United States Code), the Secretary of Labor may, during a period of 
incarceration of the individual described in that paragraph, pay such 
dependents a percentage of the compensation that would otherwise have 
been payable to such individual under this title.
    (B) The amount of compensation payable under subparagraph (A) shall 
be computed in accordance with paragraphs (1) through (5) of section 
8133(a) of title 5, United States Code, except that for purposes of 
such paragraphs, any reference to a ``deceased employee'' shall be 
treated as a reference to the individual described in paragraph (1), 
and any reference to ``widow'' or ``widower'' shall be treated as a 
reference to the spouse of the individual.
    (c) Information on Incarcerated Individuals.--(1) Notwithstanding 
any provision of section 552a of title 5, United States Code, or any 
other provision of Federal law, any agency of the United States 
Government shall make available to the Secretary of Labor, upon written 
request, the names and Social Security account numbers of individuals 
who are confined in a jail, prison, or other penal institution or 
correctional facility under the jurisdiction of that agency, pursuant 
to the individuals' conviction of an offense that constituted a felony 
under applicable law.
    (2) The Secretary of Labor may use information made available to 
the Secretary under paragraph (1) solely for purposes of carrying out 
this section.

SEC. 119. CIVIL SERVICE RETENTION RIGHTS.

    If a former covered employee described in section 101(a)(4)(C) who 
is receiving compensation and benefits under this title resumes 
employment with the Federal Government, the individual shall have the 
rights set forth in section 8151 of title 5, United States Code, with 
respect to such compensation and benefits, except that for purposes of 
such section 8151, any reference to ``compensation'' shall be treated 
as a reference to compensation and benefits under this title.

SEC. 120. SUBROGATION OF THE UNITED STATES.

    (a) In General.--Except as otherwise provided in this title, if a 
covered illness, beryllium-related pulmonary condition, or death for 
which compensation or benefits are paid or provided 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.
    (b) Administration.--(1) For purposes of this section, any 
reference in section 8131 or 8132 of title 5, United States Code, to 
the Employees' Compensation Fund shall be treated as a reference to the 
Energy Employees' Beryllium Compensation Fund.
    (2) For the purposes of this section, the requirement under section 
8131(a) of title 5, United States Code, that an employee required to 
appear as a party or witness in the prosecution of an action described 
in that section is in active duty status while so appearing shall only 
apply to a covered employee described in section 101(a)(4)(C).

SEC. 121. MEMORANDUM OF UNDERSTANDING.

    (a) Memorandum of Understanding.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Energy shall enter 
into a memorandum of understanding with the Secretary of Labor for 
purposes of the administration of this title by the Secretary of Labor, 
including the utilization of Department of Labor services and 
facilities for such purposes.
    (b) Included Matters.--The memorandum of understanding shall 
provide for the transfer to the Secretary of Labor of funds authorized 
to be appropriated for the Department of Energy under section 126 in 
order to cover costs incurred by the Secretary of Labor in the 
administration of this title.
    (c) Excluded Matters.--The memorandum of understanding shall not 
cover activities of the Secretary of Energy authorized under section 
105.
    (d) Delegation of Responsibilities of Secretary of Labor.--The 
memorandum of understanding shall permit the Secretary of Labor to 
delegate any functions and responsibilities of that Secretary under the 
memorandum of understanding to appropriate officers and employees of 
the Department of Labor.

SEC. 122. OTHER ADMINISTRATIVE PROVISIONS.

    (a) Criminal Penalties for Interference With Benefits Process.--(1) 
Whoever fails to provide information, or knowingly provides false 
information, in response to a request for information pursuant to 
subsection (c), (d), or (e) of section 102 shall be fined, imprisoned, 
or both, in accordance with section 1922 of title 18, United States 
Code.
    (2) Whoever induces, compels, or directs a covered employee to 
forego filing a claim for compensation or benefits 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, 
shall be fined, imprisoned, or both, in accordance with section 1922 of 
title 18, United States Code.
    (b) Provision of Information to Claimants.--Any information with 
respect to a claim that is provided to the Secretary of Labor under 
this title by the Secretary of Energy, any beryllium vendor, or any 
other contractor or subcontractor of the Department of Energy shall 
also be provided by the Secretary of Energy, such beryllium vendor, or 
such contractor or subcontractor, as the case may be, to the claimant 
concerned, at no cost to the claimant concerned and in a manner not 
inconsistent with the provisions of section 552a of title 5, United 
States Code (commonly referred to as the Privacy Act), unless the 
claimant concerned elects not to be provided such information.
    (c) Recovery of Overpayment of Claims.--The provisions of section 
8129 of title 5, United States Code, shall apply with respect to any 
overpayment of compensation on a claim under this title.

SEC. 123. ENERGY EMPLOYEES' BERYLLIUM COMPENSATION FUND.

    (a) Establishment.--There is hereby established on the books of the 
Treasury of the United States a fund to be known as the ``Energy 
Employees' Beryllium Compensation Fund'' (in this section referred to 
as the ``Fund'').
    (b) Elements of Fund.--There shall be deposited in the Fund the 
following:
            (1) Amounts appropriated for the Fund.
            (2) Amounts that otherwise accrue to the Fund under this 
        title.
    (c) Availability.--(1) Amounts in the Fund may be used for the 
provision of compensation and benefits and other expenses authorized by 
this title in connection with the provision of such compensation and 
benefits.
    (2) Amounts in the Fund shall not be available for the payment of 
costs incurred in the administration of this title.
    (3) Amounts in the Fund shall remain available until expended.
    (d) Administration of Fund.--(1) Not later than 45 days before the 
end of each quarter of a fiscal year, the Secretary of Labor shall 
determine the following:
            (A) The total cost of compensation and benefits and other 
        payments made from the Fund during the preceding fiscal year 
        quarter.
            (B) The balance in the Fund as of the end of the preceding 
        fiscal year quarter.
            (C) An estimate of the anticipated expenditures from the 
        Fund for the payment of compensation and benefits and other 
        payments under this title for each of the two succeeding fiscal 
        year quarters.
    (2) The determination made under paragraph (1) in the last quarter 
of a fiscal year shall include, in addition to the matter required 
under that paragraph, the following:
            (A) The total cost of compensation and benefits and other 
        payments from the Fund during the preceding twelve months.
            (B) An estimate of the anticipated expenditures from the 
        Fund for the  payment of compensation and benefits and other 
        payments for each of the two succeeding fiscal years.

SEC. 124. REGULATIONS.

    Not later than 120 days after the date of entry into the memorandum 
of understanding required by section 121, the Secretary of Labor shall 
prescribe regulations for purposes of the administration of this title.

SEC. 125. ANNUAL REPORT.

    Not later than October 31 each year, the Secretary of Labor shall 
submit to Congress a report on the administration of this title during 
the preceding fiscal year. The report shall include any determinations 
made under section 123(d) during such fiscal year.

SEC. 126. AUTHORIZATION OF APPROPRIATIONS FOR COSTS OF ADMINISTRATION.

    (a) Authorization of Appropriations.--There is hereby authorized to 
be appropriated for the Department of Energy for each fiscal year after 
fiscal year 2000 such sums as may be necessary in such fiscal year for 
the costs of administration of this title by the Secretary of Labor.
    (b) Transfer.--The Secretary of Energy shall, pursuant to the 
memorandum of understanding under section 121, transfer to the 
Secretary of Labor any amounts appropriated pursuant to the 
authorization of appropriations in subsection (a).

 TITLE II--COMPENSATION AND BENEFITS FOR ILLNESSES RELATED TO EXPOSURE 
        TO IONIZING RADIATION, SILICA, AND HAZARDOUS SUBSTANCES

SEC. 201. DEFINITIONS.

    (a) In General.--In this title:
            (1) Department of energy.--The term ``Department of 
        Energy'' includes any predecessor agency or successor agency of 
        the Department of Energy, including the United States 
        Enrichment Corporation, a Federally-chartered corporation.
            (2) Department of energy facility.--
                    (A) In general.--The term ``Department of Energy 
                facility'' means any building, structure, or premise, 
                including the grounds upon which such building, 
                structure, or premise is 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 to provide management and operation, 
                management and integration, or environmental 
                remediation services.
                    (B) Included facilities.--The term shall refer to 
                the facilities (including any predecessor or successor 
                facilities to such facilities) as follows:
                            (i) Amchitka Island Test Site, Amchitka, 
                        Alaska.
                            (ii) Lawrence Livermore National 
                        Laboratory, Livermore, California.
                            (iii) Lawrence Berkeley Laboratory, 
                        Berkeley, California.
                            (iv) Santa Susanna Facilities, Santa 
                        Susanna, California.
                            (v) Rocky Flats Plant, Golden, Colorado.
                            (vi) Pinellas Plant, St. Petersburg, 
                        Florida.
                            (vii) Idaho National Engineering 
                        Laboratory, Idaho Falls, Idaho.
                            (viii) Argonne National Laboratory, Idaho 
                        and Illinois.
                            (ix) Fermi Nuclear Laboratory, Batavia, 
                        Illinois.
                            (x) Iowa Army Ammunition Plant, Burlington, 
                        Iowa, but only the portion of that plant 
                        operated for the Atomic Energy Commission.
                            (xi) Paducah Plant, Paducah, Kentucky.
                            (xii) Kansas City Plant, Kansas City, 
                        Missouri.
                            (xiii) Weldon Spring Plant, Weldon Spring, 
                        Missouri.
                            (xiv) Nevada Test Site, Mercury, Nevada.
                            (xv) Los Alamos National Laboratory, Los 
                        Alamos, New Mexico.
                            (xvi) Sandia National Laboratories, New 
                        Mexico.
                            (xvii) Waste Isolation Pilot Project, 
                        Carlsbad, New Mexico.
                            (xviii) Brookhaven National Laboratory, 
                        Upton, New York.
                            (xix) Fernald Feed Materials Production 
                        Center, Fernald, Ohio.
                            (xx) Mound Facility, Miamisburg, Ohio.
                            (xxi) Portsmouth Plant, Piketon, Ohio.
                            (xxii) Savannah River, South Carolina.
                            (xxiii) Oak Ridge Facility, Tennessee, 
                        including the K-25 Plant, the Y-12 Plant, and 
                        the X-10 Plant.
                            (xxiv) Pantex Plant, Amarillo, Texas.
                            (xxv) Hanford Works, Richland, Washington.
                            (xxvi) Marshall Islands Nuclear Test Sites, 
                        but only for period after December 31, 1958.
                    (C) Exclusion.--The term shall not include any 
                naval reactor facility covered under Executive Order 
                No. 12344.
            (3) Department of energy contractor.--The term ``Department 
        of Energy contractor'' means 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, or other services 
        at a Department of Energy facility.
            (4) Department of energy uranium vendor.--The term 
        ``Department of Energy uranium vendor'' means any entity that 
        supplied uranium conversion or manufacturing services for the 
        Department of Energy, including the following:
                    (A) Allied Signal, with respect to the Uranium 
                Hexaflouride Facility in Metropolis, Illinois.
                    (B) Malinckrodt Chemical, St. Louis, Missouri.
                    (C) Linde Air Products, Tonowanda, New York.
                    (D) Reactive Metals, Ashtabula, Ohio.
                    (E) Nuclear Fuels Services, Erwin, Tennessee.
            (5) Covered employee.--The term ``covered employee'' means 
        the following:
                    (A) A current or former employee of a Department of 
                Energy contractor or Department of Energy uranium 
                vendor.
                    (B) An employee of the United States Enrichment 
                Corporation during a period when the corporation was a 
                Federally-chartered entity, or an employee of a 
                contractor or subcontractor of the corporation during 
                such period.
                    (C) A current or former employee (as that term is 
                defined in section 8101(1) of title 5, United States 
                Code) who is or was employed at a Department of Energy 
                facility or at a facility owned, operated, or occupied 
                by a Department of Energy contractor or Department of 
                Energy uranium vendor.
            (6) Covered illness.--The term ``covered illness'' means 
        medical conditions and diseases as follows:
                    (A) A medical condition or disease as follows, if 
                the onset of the condition or disease was at least 2 
                years after first exposure:
                            (i) In the case of an individual exposed to 
                        ionizing radiation--
                                    (I) leukemia (other than chronic 
                                lymphocytic leukemia), multiple 
                                myeloma, or lymphoma;
                                    (II) primary cancer of the bone, 
                                thyroid, male or female breast, 
                                esophagus, stomach, pharynx, small 
                                intestine, pancreas, bile ducts, gall 
                                bladder, salivary gland, urinary 
                                bladder, brain, colon, ovary, liver 
                                (except if cirrhosis or hepatitis B is 
                                indicated), larynx, prostate, kidney, 
                                or lung (other than in situ lung cancer 
                                that is discovered during or after a 
                                post-mortem exam); or
                                    (III) any other condition or 
                                disease specified by the Secretary of 
                                Energy under section 214.
                            (ii) In the case of an individual exposed 
                        to uranium or uranium compounds--
                                    (I) chronic renal disease 
                                (including nephritis and kidney tubal 
                                necrosis); or
                                    (II) any other condition or disease 
                                specified by the Secretary of Energy 
                                under section 214.
                    (B) Chronic silicosis if--
                            (i) at least 10 years elapse between 
                        initial exposure to silica and the emergence of 
                        the condition; and
                            (ii) the condition is established--
                                    (I) by 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) by--
                                            (aa) a physician's 
                                        provisional or working 
                                        diagnosis of silicosis;
                                            (bb) a chest radiograph 
                                        interpreted as consistent with 
                                        silicosis; or
                                            (cc) pathologic findings 
                                        consistent with silicosis; or
                                    (III) by--
                                            (aa) a history of 
                                        occupational exposure to 
                                        airborne silica dust; and
                                            (bb) a chest radiograph or 
                                        other imaging technique 
                                        interpreted as consistent with 
                                        silicosis or pathologic 
                                        findings consistent with 
                                        silicosis.
                    (C) Any disease, illness, impairment, or disability 
                sustained as a consequence of a medical condition or 
                disease covered by subparagraph (A) or (B).
            (7) Hazardous substance.--
                    (A) In general.--The term ``hazardous substance'' 
                means any heavy metal, chemical, mineral, or other 
                toxic substance or compound to which covered employees 
                are exposed at a Department of Energy facility or a 
                facility of a Department of Energy contractor or 
                Department of Energy uranium vendor.
                    (B) Exclusion.--The term does not include beryllium 
                or related substances for which compensation and 
                benefits are allowable under title I.
            (8) Survivor.--The term ``survivor'', in the case of a 
        covered employee, means any individual who stands in relation 
        to the covered employee as an individual referred to clause 
        (i), (ii), or (iii) of paragraph (3)(D) of section 8109(a) of 
        title 5, United States Code, stands in relation to an 
        individual under that section.
            (9) Time of injury.--The term ``time of injury'', in the 
        case of a covered employee, means the last date on which the 
        covered employee was exposed to ionizing radiation, silica, or 
        the hazardous substance involved.
    (b) Terms Used in Administration.--Except as otherwise provided in 
this title, in any case where a provision of this title provides for 
the application of a provision of title 5, United States Code, the 
terms in section 8101 of title 5, United States Code, shall apply in 
the application of such provision of title 5, United States Code, under 
this title.

                Subtitle A--Cancer and Related Illnesses

SEC. 211. AUTHORITY TO PROVIDE COMPENSATION AND BENEFITS AND CERTAIN 
              ADDITIONAL ASSISTANCE.

    (a) Compensation and Benefits on Allowance of Claim.--Subject to 
the provisions of this subtitle, the Secretary of Labor shall, upon the 
allowance of a claim for disability or death under this subtitle--
            (1) pay compensation for the disability or death in 
        accordance with sections 8105 through 8110, 8111(a), 8112, 
        8113(a), 8115, 8117, 8133 through 8135, and 8146a of title 5, 
        United States Code;
            (2) reimburse the claimant for any costs incurred by the 
        claimant (other than costs previously paid for or reimbursed 
        under subsection (d)(3)) for medical testing and diagnostic 
        services necessary to establish the existence of the covered 
        illness concerned;
            (3) reimburse the claimant for any additional reasonable 
        medical expenses incurred by the claimant in establishing the 
        claim;
            (4) in the case of a covered employee, furnish the services 
        and other benefits specified in section 8103 of title 5, United 
        States Code; and
            (5) in the case of a permanently disabled covered 
        employee--
                    (A) inform the covered employee of the availability 
                of vocational rehabilitation services under sections 
                8104 and 8111(b) of title 5, United States Code; and
                    (B) furnish such services to the covered employee 
                in accordance with such sections.
    (b) Limitations on Compensation and Benefits.--(1) No compensation 
or benefits may be paid or provided under subsection (a) for a covered 
illness or death if the covered 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) No compensation may be paid under this subtitle for any period 
before the date of the enactment of this Act, except in the case of 
compensation under section 212.
    (c) Assistance for Claimants.--The Secretary of Labor shall, upon 
the submittal of a claim under this subtitle for compensation and 
benefits under subsection (a)--
            (1) provide assistance to the claimant in connection with 
        the claim, including--
                    (A) assistance in securing medical testing and 
                diagnostic services necessary to establish the 
                existence of a covered illness; and
                    (B) such other assistance as may be required to 
                develop facts pertinent to the claim; and
            (2) provide such information to the authority with 
        responsibility for the allowance of claims under section 216, 
        or for review thereof under sections 217 and 218, as such 
        authority may request for purposes of determining eligibility 
        for or amount of compensation or benefits under the claim, or 
        verifying other information with respect thereto.
    (d) Assistance for Potential Claimants.--The Secretary of Labor and 
the Secretary of Energy shall take appropriate actions to inform and 
assist covered employees who are potential claimants under this 
subtitle, and other potential claimants under this subtitle, of the 
availability of compensation and benefits under this subtitle, 
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 
                illness; and
                    (B) lists of vendors approved for providing 
                laboratory services related to such medical testing and 
                diagnosis;
            (3) pay or reimburse such covered employees and other 
        potential claimants for the costs of medical testing and 
        diagnostic services necessary to establish the existence of a 
        covered illness, including use of payment vouchers for that 
        purpose; and
            (4) 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.
    (e) Information From Contractors and Uranium Vendors.--As part of 
the assistance provided under subsections (c) and (d), the Secretary of 
Energy shall, upon the request of the Secretary of Labor, require a 
Department of Energy contractor or Department of Energy uranium vendor 
to provide information relevant to a claim or potential claim under 
this subtitle to the Secretary of Labor.

SEC. 212. ALTERNATIVE COMPENSATION AND BENEFITS.

    (a) Election of Covered Employees.--(1) Subject to the provisions 
of this section, a covered employee described in paragraph (2) may 
elect to receive compensation in the amount of $200,000, as adjusted 
from time to time pursuant to section 8146a(a) of title 5, United 
States Code, together with medical services and benefits specified in 
section 8103(a) of title 5, United States Code, in lieu of any other 
compensation and benefits which the covered employee might otherwise be 
allowed under this subtitle.
    (2) A covered employee described in this paragraph is any covered 
employee who--
            (A) was exposed to ionizing radiation, silica, or a 
        hazardous substance in the performance of duty; and
            (B) establishes the existence of a covered illness.
    (b) Election of Survivors.--(1) Subject to the provisions of this 
section, if a covered employee otherwise eligible to make an election 
authorized by subsection (a) dies before the date of the enactment of 
this Act, or before making the election, whether or not the death is 
the result of a covered illness, a survivor of the covered employee (on 
behalf of the survivor and any other survivors of the covered employee) 
may elect to receive compensation under that subsection in lieu of any 
other compensation or benefits which such survivors might otherwise be 
allowed under this subtitle.
    (2) The right to make an election under paragraph (1) shall be 
afforded to the survivors of a covered employee in the order of 
precedence set forth in section 8109(a)(3)(D) of title 5, United States 
Code.
    (c) Timing of Election.--An election to receive compensation and 
benefits under this section may be made at any time after the submittal 
under this subtitle of the claim on which such compensation and 
benefits is based, but not later than 30 days after the date of the 
allowance or denial of the claim by the Secretary of Labor under 
section 216.
    (d) Irrevocability of Election.--(1) An election under this section 
when made is irrevocable.
    (2) An election under this section by a covered employee is binding 
on any survivors of the covered employee.
    (e) Prohibition on Additional Benefits.--When a covered employee, 
or the survivor of a covered employee, elects to receive compensation 
and benefits under this section for a covered illness, no other 
compensation or benefits may be paid or provided under this subtitle on 
account of the covered illness, or any other covered illness, of the 
covered employee.

SEC. 213. EXPOSURE TO IONIZING RADIATION, SILICA, AND OTHER HAZARDOUS 
              SUBSTANCES IN THE PERFORMANCE OF DUTY.

    (a) Exposure to Ionizing Radiation.--For purposes of this subtitle, 
in the absence of substantial evidence to the contrary, a covered 
employee shall be treated as having been exposed to ionizing radiation 
in the performance of duty if--
            (1) the covered employee was employed at a Department of 
        Energy facility, or was present at such a facility because of 
        employment by the United States, a Department of Energy 
        contractor, or a Department of Energy uranium vendor, for an 
        aggregate period of at least one year; and
            (2) during such employment, the covered employee--
                    (A) was monitored through the use of dosimetry 
                badges for exposure to ionizing radiation, or would 
                have been monitored for such exposure had requirements, 
                standards, or both, in existence as of the date of the 
                enactment of this Act been in force during such 
                employment; or
                    (B) worked in a job that, as determined by the 
                Secretary of Energy by regulation, resulted in exposure 
                to radiation.
    (b) Exposure to Hazardous Substances.--For purposes of this 
subtitle, in the absence of substantial evidence to the contrary, a 
covered employee shall be treating as having been exposed to a 
hazardous substance in the performance of duty if--
            (1) the covered employee was employed at a Department of 
        Energy facility, or was present at such a facility because of 
        employment by the United States, a Department of Energy 
        contractor, or a Department of Energy uranium vendor, for an 
        aggregate period of at least one year; and
            (2) the covered employee--
                    (A) during such employment, was monitored for 
                exposure to the hazardous substance, or would have been 
                monitored for such exposure had requirements, 
                standards, or both, in existence as of the date of the 
                enactment of this Act been in force during such 
                employment; or
                    (B) provides a work history of such employment that 
                demonstrates exposure to the hazardous substance during 
                such employment.
    (c) Exposure to Silica.--For purposes of this subtitle, in the 
absence of substantial evidence to the contrary, a covered employee 
shall be treated as having been exposed to silica in the performance of 
duty if the covered employee--
            (1) was employed at a Department of Energy facility, or was 
        present at such a facility because of employment by the United 
        States or a Department of Energy contractor for an aggregate 
        period of at least one year; and
            (2) during such employment, was employed in a work setting 
        with known or probable silica exposure.

SEC. 214. AUTHORITY TO SPECIFY ADDITIONAL ILLNESSES ASSOCIATED WITH 
              EXPOSURE TO RADIATION AND HAZARDOUS SUBSTANCES.

    (a) Authority.--The Secretary of Energy may from time to time, and 
in consultation with the Secretary of Labor, specify for purposes of 
section 201(a)(6) medical conditions or diseases associated with 
exposure to ionizing radiation or hazardous substances not previously 
listed or specified for purposes of such section.
    (b) Information.--In specifying medical conditions and diseases 
under subsection (a), the Secretary of Energy may rely upon the most 
current list of presumed occupational diseases established under 
section 243.

SEC. 215. SUBMITTAL OF CLAIMS.

    (a) Claim Required.--Except as otherwise provided in this section, 
a claim for compensation and benefits under this subtitle 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 and 
benefits under this subtitle shall be filed under this section not 
later than the later of--
            (1) seven years after the date of the enactment of this 
        Act; or
            (2) seven years after the date the claimant first becomes 
        aware that a covered illness or death from covered illness of a 
        covered employee may be connected to the exposure of the 
        covered employee to ionizing radiation or a hazardous substance 
        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 
diagnosis of a covered illness that is different from a previously 
diagnosed covered illness.
    (d) Treatment of Certain Claims.--For purposes of subsection (b), 
the filing of a disability claim for a covered illness shall be treated 
as the filing of a death claim for such covered illness.

SEC. 216. ALLOWANCE OR DENIAL OF CLAIMS BY THE SECRETARY OF LABOR.

    (a) In General.--(1) The Secretary of Labor shall allow or deny 
each claim for compensation and benefits submitted under section 215.
    (2) The Secretary may allow or deny a claim, in whole or in part.
    (b) Standard of Review.--The Secretary of Labor shall allow a claim 
under subsection (a) if the Secretary finds that a disability or death 
of a covered employee as specified in the claim resulted from a covered 
illness sustained by the covered employee by reason of exposure to 
ionizing radiation or a hazardous substance in the performance of duty. 
Otherwise, the Secretary shall deny the claim.
    (c) Findings of Fact.--(1) In allowing or denying a claim under 
this section, the Secretary of Labor shall make findings of fact with 
respect to the claim.
    (2) For purposes of making findings with respect to a claim, the 
Secretary of Labor--
            (A) shall consider the claim, the results of any medical 
        test or diagnosis undertaken to establish the existence of a 
        covered illness, and any report furnished by the Secretary of 
        Energy with respect to the claim; and
            (B) may conduct such investigation as the Secretary of 
        Labor considers appropriate.
    (d) Available Authorities.--In carrying out activities under 
subsection (c), the Secretary of Labor may utilize the authorities 
available to the Secretary under sections 8123, 8125, and 8126 of title 
5, United States Code.
    (e) Deadline.--The Secretary of Labor shall allow or deny a claim 
under this section not later than 120 days after the date of the 
submittal of the claim to the Secretary under section 215.
    (f) Service of Decision.--The Secretary of Labor shall have served 
upon a claimant the Secretary's decision allowing or denying a claim 
under this section and any findings of fact in support of such 
decision.
    (g) Finality.--Unless a hearing is requested pursuant to section 
217(a), the decision to allow or deny a claim under this section, and 
any findings in support of such decision, shall become final and 
conclusive at the end of the 30-day period beginning on the date of 
service with respect to the claim under subsection (f).

SEC. 217. REVIEW BY ADMINISTRATIVE LAW JUDGES OF ACTIONS ON CLAIMS BY 
              THE SECRETARY OF LABOR.

    (a) In General.--A claimant for compensation and benefits under 
this subtitle is entitled, upon request made by the claimant to the 
Secretary of Labor, to the review by an administrative law judge 
appointed under section 3105 of title 5, United States Code, of the 
decision to allow or deny a claim, and of any findings of fact in 
support of such decision, by the Secretary of Labor under section 216.
    (b) Timing of Requests for Review.--(1) Except as provided in 
paragraph (2), a request under subsection (a) with respect to a claim 
shall be made not later than the end of the 30-day period beginning on 
the date of service by the Secretary of Labor with respect to the claim 
under section 216(f).
    (2) An administrative law judge may extend the period for 
requesting a review under paragraph (1) upon petition of a claimant and 
good cause shown.
    (c) Hearings.--(1) An administrative law judge shall hold a hearing 
on each review requested under subsection (a).
    (2) Except as provided in paragraphs (3) and (4), any hearing under 
this subsection shall be conducted in accordance with the provisions of 
section 554 of title 5, United States Code.
    (3) A claimant may introduce at a hearing with respect to a claim 
under paragraph (1) evidence not previously presented in support of the 
claim.
    (4) The parties to a hearing under this subsection shall be 
strictly limited to a claimant and the Secretary of Labor (or the 
Secretary's designee).
    (d) Powers and Duties of ALJ.--An administrative law judge shall, 
in the conduct of a hearing under subsection (c) and otherwise in the 
review of a claim under subsection (a), have the following powers, 
duties, and responsibilities:
            (1) The powers, duties, and responsibilities vested in the 
        Secretary of Labor by section 8124(b)(2) of title 5, United 
        States Code.
            (2) The power to preserve and enforce order during 
        hearings.
            (3) The power 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.
            (4) The power to examine witnesses.
            (5) The power to do any other thing authorized by law that 
        the administrative law judge considers appropriate for the 
        effective discharge of responsibilities under this section.
    (e) Contumacy.--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 of the United States 
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.
    (f) Closure of Record.--The record on a hearing under this section 
shall close at the conclusion of the hearing, except when the 
administrative law judge grants, for good cause, an extension not to 
exceed 30 days for the submission of additional evidence and argument.
    (g) Decision.--(1) Not later than 45 days after the closing of the 
record on a claim under subsection (f), but in no event later than 180 
days after receipt of the claimant's request for a hearing on the 
claim, the administrative law judge shall make a decision on the claim.
    (2) In a decision under this subsection and in accordance with the 
facts found on review of a claim, an administrative law judge may 
terminate, decrease, or increase the compensation or benefits 
previously allowed on the claim, or allow compensation or benefits 
previously refused or discontinued.
    (h) Service of Decision.--(1) An administrative law judge shall 
file with the Secretary of Labor a copy of each decision made by the 
administrative law judge under subsection (g).
    (2) An administrative law judge shall have served on the claimant 
the decision made by the administrative law judge with respect to the 
claim under that subsection, including the basis of such decision.
    (i) Effective Date of Decision.--Unless appealed to the Benefits 
Review Board under section 218, the decision of an administrative law 
judge, including any allowance as a result thereof, on a claim under 
this section shall--
            (1) become effective upon filing of the decision with the 
        Secretary of Labor and service upon the claimant under 
        subsection (h); and
            (2) become final and conclusive at the end of the 30-day 
        period beginning on the date of such service.

SEC. 218. REVIEW OF ADMINISTRATIVE LAW JUDGE DECISIONS BY BENEFITS 
              REVIEW BOARD AND UNITED STATES COURTS OF APPEALS.

    (a) In General.--A claimant aggrieved by the decision of an 
administrative law judge under section 217 may seek review of the 
decision by the Benefits Review Board established by section 21(b) of 
the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921(b)).
    (b) Timing of Requests for Review.--(1) Except as provided in 
paragraph (2), a request under subsection (a) for the review of a 
decision shall be made not later than the end of the 30-day period 
beginning on the effective date of the decision under section 
217(i)(1).
    (2) The Benefits Review Board may extend the period for requesting 
the review of a decision under paragraph (1) by not more than 30 
additional days, upon petition of the claimant and good cause shown.
    (c) Powers and Duties of Benefits Review Board.--(1) Except as 
provided in paragraph (2), the Benefits Review Board is authorized to 
hear and determine a request for a review of a decision under this 
section in accordance with and pursuant to the authority vested in the 
Board by section 21(b) of the Longshore and Harbor Workers' 
Compensation Act.
    (2) The parties to a proceeding under this subsection shall be 
strictly limited to a claimant and the Secretary of Labor (of the 
Secretary's designee).
    (d) Deadline for Final Determination.--The Benefits Review Board 
shall make its final determination with regard to the review of a 
decision under this section not later than 240 days after the receipt 
of the request for the review under subsection (a).
    (e) Review of Final Determination by United States Courts of 
Appeals.--(1) A claimant adversely affected or aggrieved by a final 
determination of the Benefits Review Board under subsection (d) may 
obtain review of the final determination in the United States court of 
appeals for the circuit in which the claimant resides.
    (2) The review of a final determination by the United States court 
of appeals under paragraph (1) shall be governed by the provisions of 
section 21(c) of the Longshore and Harbor Workers' Compensation Act.

SEC. 219. RECONSIDERATION OF CLAIMS.

    (a) New Evidence.--Notwithstanding any other provision of this 
subtitle, a claimant or, in the case of deceased covered employee who 
was a claimant, a survivor of such covered employee, may obtain 
reconsideration of a decision denying the claim under this subtitle 
based on new evidence.
    (b) Procedures for Reconsideration.--The submittal of an 
application for reconsideration of a claim under subsection (a) shall 
be treated as the submittal of a claim under section 215 for purposes 
of this subtitle, except that the limitations specified in subsection 
(b) of that section shall not apply to the reconsideration of the claim 
under this section.

SEC. 220. ADMINISTRATIVE MATTERS RELATING TO DECISIONS ON CLAIMS.

    (a) Failure To Act.--The failure of an authority specified in 
section 216, 217, or 218 to make a decision on a claim within the time 
period required for the decision under the applicable section shall 
result in a decision in favor of the claimant on the claim under such 
section.
    (b) Resolution of Reasonable Doubt.--Any reasonable doubt with 
regard to whether or not a claim meets requirements of this subtitle 
applicable to the claim shall be resolved in favor of the claimant.
    (c) Use of Physician Services.--In securing medical testing and 
diagnostic services to establish the existence of a covered illness 
under this subtitle, a claimant may utilize a physician of the 
claimant's choice, or a physician sponsored by the Department of Energy 
or the employer concerned, if available.
    (d) Production of Information.--(1) A claimant may commence an 
action in the appropriate district court of the United States against 
the Department of Energy or any Department of Energy contractor or 
Department of Energy uranium vendor to compel the production of 
information or documents requested by the Secretary of Labor, an 
administrative law judge, or the Benefits Review Board under this 
subtitle if such information or documents are not provided within 60 
days after the date of the request.
    (2) Upon successful resolution of any action brought under this 
subsection, the court shall award the claimant reasonable attorney fees 
and costs.
    (3) Any costs awarded against the Department of Energy, a 
Department of Energy contractor, or Department of Energy uranium vendor 
shall be considered costs incurred by the Secretary of Energy, 
Department of Energy contractor, or Department of Energy uranium 
vendor, as the case may be, which may not be payable from amounts in 
the Nuclear Employees' Radiation Compensation Fund.
    (e) No Right of Review in United States, Contractors, or Vendors.--
(1) Sections 217 and 218 shall not be construed to confer upon the 
Secretary of Energy or the Secretary of Labor, any Department of Energy 
contractor, or any Department of Energy uranium vendor any right to a 
hearing or review on a matter covered by such sections.
    (2) In any review under section 217 or 218 of a decision of the 
Secretary of Labor under section 216, the Secretary of Labor (or the 
Secretary's designee) may appear before an administrative law judge, 
the Benefits Review Board, or a United States court of appeals for 
purposes of explaining the Secretary's decision under section 216.

SEC. 221. REPRESENTATION OF CLAIMANTS.

    (a) In General.--A claimant may authorize an attorney to represent 
the claimant in any proceeding under this subtitle.
    (b) Attorney Fees and Costs in Later Proceedings.--(1) If a 
claimant in a proceeding under section 217 or 218 who is represented by 
an attorney in such proceeding is successful in such proceeding, there 
shall be awarded, in addition to any allowance of compensation and 
benefits under this subtitle, reasonable attorney fees and costs 
associated with such proceeding as approved by the administrative law 
judge, the Benefits Review Board, or court in such proceeding.
    (2) If a claimant described in paragraph (1) is successful in a 
proceeding covered by that paragraph by reason of a finding that the 
denial of the claim of the claimant under section 216 was arbitrary and 
capricious, the claimant shall be awarded, in addition to any award of 
attorney fees and costs under that paragraph, an amount equal to 10 
percent per year on the claim for each year from the date of the 
original denial of the claim.
    (3)(A) Except as provided in subparagraph (B), any award of 
attorney fees and costs under paragraph (1) shall be paid from the 
Nuclear Employees' Radiation Compensation Fund directly to the attorney 
in a lump sum after the order on which the award is based becomes 
final.
    (B) Any award of attorney fees, costs, and other amounts under this 
subsection for a claimant described in paragraph (2) shall be 
considered costs incurred by the Secretary of Labor, and shall not be 
paid from the Nuclear Employees' Radiation Compensation Fund.
    (c) Limitation on Charges for Services Covered by Award of Attorney 
Fees.--(1) An attorney awarded attorney fees under this section for 
services provided with respect to a proceeding may not collect from the 
claimant, whether directly or indirectly, for such services.
    (2) Whoever violates paragraph (1) shall be subject to a civil fine 
of not more than $5,000, imposed by the Secretary of Labor.
    (3) Any amounts collected under paragraph (2) shall be deposited in 
the Nuclear Employees' Radiation Compensation Fund.

SEC. 222. COMPUTATION OF PAY FOR PURPOSES OF PAYMENT OF COMPENSATION.

    For purposes of this subtitle, the monthly pay of a covered 
employee shall be computed in accordance with section 8114 of title 5, 
United States Code.

SEC. 223. TREATMENT OF COMPENSATION AND BENEFITS.

    (a) In General.--Any compensation or benefits allowed, paid, or 
provided under this subtitle--
            (1) shall not be considered income for purposes of the 
        Internal Revenue Code, and shall not be subject to Federal 
        income tax under the internal revenue laws of the United 
        States;
            (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) Insurance.--(1) Compensation or benefits paid or provided under 
this subtitle shall not be considered as any form of compensation or 
reimbursement for a loss for purposes of imposing liability on the 
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 
subtitle shall not be treated as affecting any claim against an 
insurance carrier with respect to insurance.

SEC. 224. EFFECT OF RECEIPT OF COMPENSATION AND BENEFITS ON RIGHT TO 
              RECEIVE CERTAIN OTHER BENEFITS.

    (a) Remuneration From the Federal Government.--While a covered 
employee described in section 201(a)(5)(C) is receiving compensation or 
benefits under this subtitle, or if the covered employee has been paid 
compensation in 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) benefits administered by the Secretary of Veterans 
        Affairs, unless such benefits are payable for the same covered 
        illness or death;
            (4) retired pay, retirement pay, retainer pay, or 
        equivalent pay for service in the Armed Forces or any 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.
    (b) Election of Federal Benefits.--(1) An individual who is allowed 
compensation or benefits under this subtitle for a covered illness or 
death of a covered employee described in section 201(a)(5)(C) and who 
is entitled to receive benefits from the United States under a 
provision of law other than this subtitle for the 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 of the Federal Government or as a member in the Armed Forces, 
shall elect to receive compensation or benefits under this subtitle or 
benefits under such other provision of law.
    (2) An individual described in paragraph (1) shall make the 
election provided for in that paragraph within the time allowed by the 
Secretary of Labor by regulation.
    (3)(A) An election under paragraph (1) when made is irrevocable, 
except--
            (i) when otherwise provided by statute; and
            (ii) when compensation or benefits under this subtitle, or 
        benefits under such other provision of law, are modified by a 
        law enacted after the date of the enactment of this Act.
    (B) The Secretary of Labor shall provide for the manner and time of 
any election arising under subparagraph (A)(ii).
    (c) State Workers' Compensation.--(1) Subject to paragraph (2), an 
individual who is allowed compensation or benefits under this title for 
a covered illness or death of a covered employee and who is entitled to 
receive benefits because of the covered illness or death from a State 
workers' compensation system shall elect--
            (A) to receive compensation and benefits under this title; 
        or
            (B) to receive compensation and benefits in part under this 
        title and in part under the State workers' compensation system 
        as provided for under subsection (d).
    (2) An election shall not be required under paragraph (2) if--
            (A) at the time of injury, the State workers' compensation 
        coverage for the covered employee was secured by a policy or 
        contract of insurance; and
            (B) the Secretary of Labor waives the requirement to make 
        the election.
    (3) An individual required to make an election provided for under 
paragraph (1) shall make the election within the time allowed by the 
Secretary of Labor by regulation.
    (4)(A) An election under paragraph (1) when made is irrevocable, 
unless the level of compensation or benefits under this title, or under 
the applicable workers' compensation system referred to in that 
paragraph, is modified by a law enacted after the date of the enactment 
of this Act.
    (B) The Secretary of Labor shall provide for the manner and time of 
any election arising under subparagraph (A).
    (d) Previous Award Under State Workers' Compensation or 
Insurance.--(1) An individual who has been awarded workers compensation 
on a claim, or entered into a settlement of a claim, under a State 
workers' compensation system or insurance for an occupational disease 
or prospective occupational disease arising out of the exposure of a 
covered employee at a Department of Energy facility may file a claim 
for compensation and benefits under this title.
    (2) The amount of compensation payable under this title to an 
individual described in paragraph (1) shall be the amount to which the 
individual is otherwise entitled under this title minus the amount of 
any workers' compensation benefits provided under paragraph (1) as the 
amount of such benefits are adjusted for inflation in constant dollars 
in the year in which compensation payable under this title commences.
    (e) Coordination of Federal and State Benefits.--An individual who 
elects under subsection (c)(1)(B) to receive compensation and benefits 
in part under this title and in part under a State workers' 
compensation system shall receive under this subtitle the compensation 
and benefits to which the individual is entitled under this title 
reduced by the amount of any workers' compensation benefits that the 
individual receives or will receive under the State workers' 
compensation system during the period that compensation and benefits 
are provided under this title, except that the amount of such reduction 
shall not include an amount equal to the reasonable costs (including 
legal and medical costs not reimbursed under this title), as determined 
by the Secretary of Labor by regulation, incurred by the individual of 
obtaining such compensation and benefits.

SEC. 225. SATISFACTION OF CLAIMS AGAINST THE UNITED STATES, DEPARTMENT 
              OF ENERGY CONTRACTORS, AND DEPARTMENT OF ENERGY URANIUM 
              VENDORS.

    The receipt by an individual of compensation and benefits pursuant 
to the award of a claim under this subtitle shall constitute full 
settlement of all claims against the United States under chapter 171 of 
title 28, United States Code (commonly referred to as the Federal Tort 
Claims Act), or any other provision of law, or against the Department 
of Energy contractor or Department of Energy uranium vendor concerned, 
that arise of the exposure of the covered employee concerned to 
ionizing radiation or hazardous substances in the performance of duty.

SEC. 226. ASSIGNMENT OF CLAIMS.

    (a) Prohibition.--A claim under this subtitle is not assignable or 
transferable, and any assignment or other transfer of such claim is 
void.
    (b) Attachment.--Compensation paid under this subtitle, and any 
claims therefor, are exempt from the claims of any creditors.

SEC. 227. FORFEITURE OF COMPENSATION AND BENEFITS BY CONVICTED FELONS.

    (a) Forfeiture of Eligibility for Fraud in Connection With 
Benefits.--(1) 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 
compensation or benefits, whether under this subtitle or under any 
other Federal or State workers' compensation program or system, shall 
forfeit as of the date of such conviction any compensation or benefits 
to which such individual would otherwise be entitled for a covered 
illness under this subtitle based on a time of injury on or before the 
date of such conviction.
    (2) Forfeiture for a conviction under paragraph (1) shall be in 
addition to any action the Secretary of Labor may take pursuant to 
section 8106 or 8129 of title 5, United States Code, for the 
conviction.
    (b) Prohibition on Benefits During Incarceration for Felony.--(1) 
Notwithstanding any other provision of law and except as provided in 
paragraph (3), no compensation or benefits may be paid or provided 
under this subtitle to or for any individual during any period during 
which such individual is confined in a jail, prison, or other penal 
institution or correctional facility pursuant to such individual's 
conviction of an offense that constituted a felony under applicable 
law.
    (2) An individual described in paragraph (1) may not receive any 
benefits foregone under that paragraph for a period of incarceration 
described in that paragraph after the end of the period of 
incarceration.
    (3)(A) If an individual described in paragraph (1) has one or more 
dependents (as that term is defined in section 8110(a) of title 5, 
United States Code), the Secretary of Labor may, during a period of 
incarceration of the individual described in that paragraph, pay such 
dependents a percentage of the compensation that would otherwise have 
been payable to such individual under this subtitle.
    (B) The amount of compensation payable under subparagraph (A) shall 
be computed in accordance with paragraphs (1) through (5) of section 
8133(a) of title 5, United States Code, except that for purposes of 
such paragraphs, any reference to a ``deceased employee'' shall be 
treated as any reference to the individual described in paragraph (1), 
and a reference to ``widow'' or ``widower'' shall be treated as a 
reference to the spouse of the individual.
    (c) Information on Incarcerated Individuals.--(1) Notwithstanding 
any provision of section 552a of title 5, United States Code, or any 
other provision of Federal law, any agency of the United States 
Government shall make available to the Secretary of Labor, upon written 
request, the names and Social Security account numbers of individuals 
who are confined in a jail, prison, or other penal institution or 
correctional facility under the jurisdiction of that agency, pursuant 
to the individuals' conviction of an offense that constituted a felony 
under applicable law.
    (2) The Secretary of Labor may use information made available to 
the Secretary under paragraph (1) solely for purposes of carrying out 
this section.

SEC. 228. CIVIL SERVICE RETENTION RIGHTS.

    If a former covered employee described in section 201(a)(5)(C) who 
is receiving compensation and benefits under this subtitle resumes 
employment with the Federal Government, the individual shall have the 
rights set forth in section 8151 of title 5, United States Code, with 
respect to such compensation and benefits, except that for purposes of 
such section 8151, any reference to ``compensation'' shall be treated 
as a reference to compensation and benefits under this subtitle.

SEC. 229. SUBROGATION OF THE UNITED STATES.

    (a) In General.--Except as otherwise provided in this subtitle, if 
a covered illness or death for which compensation or benefits are paid 
or provided under this subtitle 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.
    (b) Administration.--(1) For purposes of this section, any 
reference in section 8131 or 8132 of title 5, United States Code, to 
the Employees' Compensation Fund shall be treated as a reference to the 
Nuclear Employees' Radiation Compensation Fund.
    (2) For the purposes of this section, the requirement under section 
8131(a) of title 5, United States Code, that an employee required to 
appear as a party or witness in the prosecution of an action described 
in that section is in active duty status while so appearing shall only 
apply to a covered employee described in section 201(a)(5)(C).

SEC. 230. OTHER ADMINISTRATIVE PROVISIONS.

    (a) Criminal Penalties for Interference With Benefits Process.--(1) 
Whoever fails to provide information, or knowingly provides false 
information, in response to a request for information pursuant to 
subsection (c), (d), or (e) of section 211 shall be fined, imprisoned, 
or both, in accordance with section 1922 of title 18, United States 
Code.
    (2) Whoever induces, compels, or directs a covered employee to 
forego filing a claim for compensation or benefits under this subtitle, 
or any extension or application thereof, or willfully retains any 
notice, report, claim, or paper which is required to be filed under 
this subtitle, shall be fined, imprisoned, or both, in accordance with 
section 1922 of title 18, United States Code.
    (b) Provision of Information to Claimants.--Any information with 
respect to a claim that is provided to the Secretary of Labor under 
this subtitle by the Secretary of Energy, any Department of Energy 
contractor, or any Department of Energy uranium vendor shall also be 
provided by the Secretary of Energy, such contractor, or such vendor, 
as the case may be, to the claimant concerned, at no cost to the 
claimant concerned and in manner not inconsistent with the provisions 
of section 552a of title 5, United States Code (commonly referred to as 
the Privacy Act), unless the claimant concerned elects not be provided 
such information.
    (c) Recovery of Overpayment of Claims.--The provisions of section 
8129 of title 5, United States Code, shall apply with respect to any 
overpayment of compensation on a claim under this subtitle.

                      Subtitle B--Other Illnesses

SEC. 241. COMPENSATION AND BENEFITS FOR OTHER ILLNESSES.

    (a) Eligibility To Submit Claims.--(1) Any covered employee who can 
establish that the exposure of such covered employee to a hazardous 
substance at Department of Energy facility or facility of a Department 
of Energy contractor or Department of Energy uranium vendor was a 
contributing factor to an illness or disease (other than a covered 
illness) of such covered employee may submit to the Secretary of Labor 
a claim for compensation and benefits for such illness and disease 
under subtitle A.
    (2) Any survivor of a deceased covered employee who can establish 
that the exposure of such covered employee to a hazardous substance at 
a facility referred to in that paragraph was a contributing factor in 
the death (other than death by reason of a covered illness) of such 
covered employee may submit a claim to the Secretary for compensation 
for such death under subtitle A.
    (b) Support for Claimants.--(1) The Secretary of Labor shall 
develop and provide to potential claimants under subsection (a) a 
questionnaire suitable to provide assistance to such potential 
claimants in identifying the hazardous substances to which individuals 
were exposed at facilities referred to in that subsection.
    (2) The Secretary of Labor shall assist potential claimants in 
assembling documents and information appropriate to support their 
claims. Such assistance shall include the provision of an opportunity 
for potential claimants to identify and review documents and 
information under the jurisdiction of the Department of Energy, 
Department of Energy contractors, and Department of Energy uranium 
vendors.
    (3)(A) As part of the assistance provided under paragraph (2), the 
Secretary of Labor may employ or enter into contracts with appropriate 
individuals to act as ombudspersons to assist potential claimants in 
preparing and submitting claims.
    (B) The Secretary of Labor, after consultation with the Secretary 
of Energy, may also enter into cooperative agreements with labor 
organizations at Department of Energy facilities and facilities of 
Department of Energy contractors and Department of Energy uranium 
vendors to act as ombudspersons under this paragraph.
    (C) Individuals or organizations acting as ombubspersons under this 
paragraph shall provide assistance in a geographic region designated by 
the Secretary of Labor for that purpose.
    (D) No charge or fee may be imposed upon a potential claimant for 
any assistance provided under this paragraph.
    (c) Resolution of Claims.--(1) Except as otherwise provided in this 
subchapter, the resolution of any claim submitted under subsection (a), 
including the payment or provision of compensation or benefits pursuant 
to the allowance of the claim, shall be governed by the provisions of 
subtitle A as if such claim had been submitted under that subtitle 
rather than subsection (a).
    (2) In the case of any claim covered by section 242, the Secretary 
of Labor may postpone the deadline in section 216(e) for carrying out 
actions under section 216 pending the final evaluation of such claim 
under section 242.

SEC. 242. PROCEDURES RELATING TO CERTAIN DETERMINATIONS OF ELIGIBILITY 
              FOR COMPENSATION AND BENEFITS.

    (a) In General.--If the Secretary of Labor is unable, based on 
documents and information in a claim submitted under section 241, to 
make an affirmative determination that exposure to a hazardous 
substance identified in the claim was a contributing factor in the 
illness, disease, or death associated with such exposure, the Secretary 
of Labor shall forward the claim to the Secretary of Health and Human 
Services for evaluation under this section.
    (b) Referral to Panels of Physicians.--(1) Not later than seven 
days after being forwarded a claim under subsection (a), the Secretary 
of Health and Human Services shall refer the claim to a panel of 
physicians appointed under subsection (c).
    (2) The Secretary of Health and Human Services shall prescribe in 
regulations procedures for receiving, referring, and receiving in 
return claims forwarded to that Secretary under paragraph (1).
    (c) Panels of Physicians.--(1)(A) The Secretary of Health and Human 
Services shall, in consultation with the Association of Occupational 
Health Clinics, appoint one or more panels of physicians to carry out 
evaluations of claims under this section.
    (B) Each panel shall consist of three physicians who have 
demonstrated expertise in diagnosing occupational illnesses.
    (C) The number of panels appointed under this subsection shall be 
based on geographic need and on estimates of the caseload of such 
panels under this section. The Secretary of Health and Human Services 
shall evaluate such need and make such estimates in consultation with 
the Secretary of Labor.
    (2) Each member of a panel appointed under this subsection shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level III of the Executive Schedule under 
section 5314 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of such panel.
    (3) The Secretary of Health and Human Services shall provide each 
panel appointed under this subsection with such administrative support 
as such panel may require to carry out its duties under this section.
    (4) The costs of a panel appointed under this subsection, including 
compensation of panel members under paragraph (2), shall be paid from 
amounts transferred to the Secretary of Labor under section 255(b).
    (5) The Secretary of Health and Human Services shall prescribe 
regulations relating to the activities of panels under this section, 
including the provision of administrative support to such panels under 
paragraph (3).
    (d) Information to Panels.--The Secretary of Energy shall submit to 
the Secretary of Health and Human Services who shall submit to panels 
of physicians under subsection (c) information on--
            (1) assessments over time of exposures to hazardous 
        substances at Department of Energy facilities and facilities of 
        Department of Energy contractors and Department of Energy 
        uranium vendors;
            (2) reports on environment, safety, and health practices at 
        Department of Energy facilities and facilities of Department of 
        Energy contractors and Department of Energy uranium vendors; 
        and
            (3) the results of medical evaluations and laboratory tests 
        carried out under the program to monitor Department of Energy 
        workers under section 3162 of the National Defense 
        Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274(i)).
    (e) Evaluation of Claims by Panels.--(1) A panel of physicians to 
which a claim is referred under subsection (b) shall evaluate the 
claim, including any medical records and work history associated with 
the claim, to determine whether or not the exposure to a hazardous 
substance identified in the claim was a contributing factor to the 
illness, disease, or death of the covered employee as specified in the 
claim.
    (2)(A) A panel shall determine under paragraph (1) that exposure to 
a hazardous substance was a contributing factor to an illness, disease, 
or death only if the panel finds that the exposure was a substantial 
contributing factor to the illness, disease, or death.
    (B) For purposes of subparagraph (A), a panel shall utilize the 
most current list of illnesses established under section 243.
    (3)(A) A panel shall, to the maximum extent practicable, complete 
the evaluation of a claim under this subsection not later than 60 days 
after the referral of the claim to the panel.
    (B) If a panel cannot complete the evaluation of a claim within the 
time provided under subparagraph (A), the panel shall notify the 
Secretary of Labor and the claimant of the date by which the panel 
shall complete evaluation of the claim.
    (C) In the case of a claim described in subparagraph (A), the panel 
concerned shall notify the Secretary of Labor once every 60 days of the 
progress of the panel in evaluating the claim until completion of the 
evaluation of the claim.
    (4) In evaluating a claim, a panel may secure the services and 
advice of medical specialists with expertise on matters relating to the 
claim.
    (5) A claimant shall, upon request to the Secretary of Labor, have 
an opportunity to submit to a panel additional medical information or 
other information on the claim, and the panel shall take such 
information into account in its evaluation of the claim under this 
subsection.
    (6)(A) In furtherance of the evaluation of a claim, a panel may, 
upon request to the Secretary of Labor, request that a covered employee 
undergo diagnostic tests specified by the panel.
    (B) In furtherance of the evaluation of a claim, a panel may also, 
upon request to the Secretary of Labor, request that the Secretary of 
Energy, a Department of Energy contractor, or a Department of Energy 
uranium vendor provide the panel appropriate additional information 
regarding the claim.
    (C) In furtherance of the evaluation of a claim, a panel may also--
            (i) require additional diagnostic testing or physician's 
        examination; and
            (ii) request from the Secretary of Energy a list of all 
        hazardous substances to which covered employees were exposed at 
        Department of Energy facilities and facilities of Department of 
        Energy contractors and Department of Energy uranium vendors.
    (D)(i) Members of a panel that receive Restricted Data or Formerly 
Restricted Data under subparagraph (C)(ii) shall hold security 
clearances appropriate for the handling of such data.
    (ii) The Secretary of Energy shall expedite the issuance of any 
security clearance required under clause (i).
    (iii) The Secretary of Energy shall assist any panel receiving data 
under subparagraph (C)(ii) in protecting the security of such data.
    (f) Evaluation With Inadequate Exposure Information.--If in 
evaluating a claim under this section, a panel of physicians determines 
that information on the exposure of a covered employee to a hazardous 
substance is nonexistent or insufficient for purposes of such 
evaluation, the panel shall evaluate the nature and degree of risks of 
exposure to hazardous substances to which the covered employee 
concerned may have been subject as follows:
            (1) By identifying each job held by the covered employee 
        during the period covered by the claim, including length of 
        employment, type of employment activities, types of exposures 
        to hazardous substances associated with such employment, and 
        length of time exposed to such hazards.
            (2) By determining whether adequate protective equipment 
        was available for each such exposure.
            (3) By determining whether exposure to two or more such 
        hazards, and whether such multiple hazards, increases or 
        increase the likelihood of a connection between exposure and an 
        illness or disease.
            (4) By determining whether the covered employee was 
        involved in an fire, explosion, accidental release, or other 
        accident involving such hazards.
            (5) By determining whether similarly situated employees 
        have contracted similar illnesses or diseases that are 
        attributable to exposure to such hazards.
    (g) Determination on Claim.--(1) Upon completion of an evaluation 
of a claim under this section, a panel of physicians shall submit to 
the Secretary of Labor the panel's determination whether or not 
exposure to a hazardous substance identified in the claim, or 
identified in evidence during the course of the evaluation, was a 
contributing factor in the illness, disease, or death associated with 
such exposure as specified the claim.
    (2) The Secretary of Labor shall submit a copy of a determination 
under paragraph (1) to the claimant.
    (h) Use of Determinations.--(1) The Secretary of Labor shall take 
into account a determination made with respect to a claim under this 
section in deciding the claim under this subtitle.
    (2) For purposes of deciding the claim, the Secretary shall utilize 
the determination of the panel in lieu of any physicians examination 
that the Secretary would otherwise have required under section 216(d).
    (3) A claimant that disputes any determination of a panel on a 
medical matter under this subsection may submit to the Secretary a 
qualified second opinion on that matter. The Secretary shall pay any 
costs of obtaining such second opinion.

SEC. 243. PRESUMED OCCUPATIONAL DISEASES.

    (a) Requirement for List.--The Secretary of Health and Human 
Services shall appoint an advisory group for purposes of establishing a 
list of illnesses and diseases that are presumed to be attributable to 
employment or work assignments at Department of Energy facilities and 
facilities of Department of Energy contractors and Department of Energy 
uranium vendors.
    (b) Members of Advisory Group.--The members of the advisory group 
appointed under subsection (a) shall include individuals who are 
experts in the fields of occupational medicine, internal medicine, 
toxicology, epidemiology, health physics, and industrial hygiene worker 
compensation programs, individuals who are current employees at 
facilities referred to in subsection (a), and individuals who are 
former employees at such facilities.
    (c) Matters Considered.--In establishing a list of illnesses and 
diseases under subsection (a), the advisory group shall--
            (1) base the list on occupational exposures to hazardous 
        substances in industrial or laboratory processes similar to the 
        processes utilized in the facilities referred to in subsection 
        (a); and
            (2) take account--
                    (A) the fact that nuclear weapons production is 
                classified as an ultrahazardous activity under the 
                Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); and
                    (B) the fact that Department of Energy has been 
                self-regulating with respect to occupational health and 
                safety.
    (d) Establishment of List.--(1) In establishing a list of illnesses 
and diseases under subsection (a), the advisory group shall--
            (A) identify and categorize the types and patterns of 
        illnesses and diseases which are potentially attributable to 
        employment at facilities referred to in subsection (a), 
        including the illnesses and diseases that have been identified 
        in, through, or by--
                    (i) medical screening programs conducted by the 
                Office of Environment, Safety, and Health of the 
Department of Energy (including the program to monitor Department of 
Energy workers under section 3162 of the National Defense Authorization 
Act for Fiscal Year 1993 (42 U.S.C. 7274(i)));
                    (ii) other medical programs of the Department of 
                Energy, Department of Energy contractors, and 
                Department of Energy uranium vendors;
                    (iii) appropriate health studies and health 
                evaluations of the National Institute of Occupational 
                Safety and Health;
                    (iv) peer-reviewed epidemiology studies;
                    (v) Tiger Team reports;
                    (vi) the hearings relating to worker health 
                conducted by the Assistant Secretary of Energy for 
                Environment, Safety, and Health at Department of Energy 
                facilities in 1999 and 2000; and
                    (vii) the public;
            (B) take into account the reports of the National Economic 
        Council entitled ``The Link Between Exposure to Occupational 
        Hazards'' and ``Illnesses In the Department of Energy 
        Contractor Workforce and Benefits Available to Department of 
        Energy Contractor Personnel From State Workers Compensation 
        Programs'';
            (C) identify and take into account presumptions that are 
        supported in the scientific and medical literature;
            (D) evaluate site-specific histories of working conditions, 
        hazards, and processes unique to Department of Energy 
        facilities and facilities of Department of Energy contractors 
        and Department of Energy uranium vendors, and the adequacy of 
        protective measures provided to workers exposed to such 
        conditions and hazards over the history of operations of such 
        facilities;
            (E) assess whether patterns of illnesses, diseases, or 
        symptoms exist that are potentially attributable to exposure to 
        the working conditions and hazards at Department of Energy 
        facilities and facilities of Department of Energy contractors 
        and Department of Energy uranium vendors, including the 
        conditions and hazards evaluated under subparagraph (D);
            (F) determine whether Department of Energy employees 
        (including employees of Department of Energy contractors and 
        Department of Energy uranium vendors) were adequately informed 
        of their exposure to working conditions and hazards at 
        Department of Energy facilities and facilities of Department of 
        Energy contractors and Department of Energy uranium vendors, 
        including the conditions and hazards evaluated under 
        subparagraph (D);
            (G) evaluate and assess the relevance of presumptions of 
        workplace causation have been established in law or policy for 
        workers similarly exposed in other hazardous industries or 
        occupations;
            (H) evaluate whether and how many Department of Energy 
        employees (including employees of Department of Energy 
        contractors and Department of Energy uranium vendors) were 
        involved in accidents where excessive exposures to hazardous 
        substances occurred;
            (I) determine whether Department of Energy employees 
        (including employees of Department of Energy contractors and 
        Department of Energy uranium vendors) exposed to hazardous 
        substances received adequate follow-on emergency medical 
        treatment and monitoring and subsequent medical attention to 
        determine their health impairment;
            (J) determine whether Department of Energy employees 
        (including employees of Department of Energy contractors and 
        Department of Energy uranium vendors), without their knowledge 
        and consent, were placed at undue risk of exposure to hazardous 
        substances without adequate protections or monitoring; and
            (K) take into account such other matters as the advisory 
        group considers appropriate.
    (2) If under paragraph (1)(C) the advisory group identifies an 
illness or disease identifiable by biological indicators, the list 
under subsection (a) shall specify the diagnostic tests required to 
establish that exposure or ingestion of a particular substance or 
compound will contribute to such illness or disease.
    (3)(A) If under paragraph (1)(J) the advisory group determines that 
covered employees were placed at undue risk of exposure without their 
knowledge and consent, the advisory group shall also determine whether 
fairness and equity require that a presumption be established in favor 
of compensation for such covered employees for any specific type of 
illness, disease, or impairment.
    (B) The advisory group shall submit to the Secretary of Health and 
Human Services a report on any determination under subparagraph (A). 
The Secretary shall transmit to Congress any report submitted to the 
Secretary under the preceding sentence.
    (e) Frequency of List.--The list required by subsection (a) shall 
be established not later than one year after the date of the enactment 
of this Act, and shall be updated not less often than annually 
thereafter.
    (f) Publication.--The Secretary of Labor shall provide for the 
publication of the list required by subsection (a), and of any update 
of the list under subsection (e), in the Federal Register.
    (g) Uses of List.--(1) The Secretary of Energy may use the list 
established under subsection (a) for purposes of the specification of 
additional medical conditions and diseases under section 214.
    (2) The Secretary of Labor may use the list for purposes of 
resolving claims under this subtitle.
    (3) Panels of physicians under section 242 may use the list for 
purposes of evaluations of claims under that section.
    (4) The list may not be used for any purpose other than a purpose 
specified in this subsection.

                     Subtitle C--General Provisions

SEC. 251. MEMORANDUM OF UNDERSTANDING.

    (a) Memorandum of Understanding.--Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Energy shall enter 
into a memorandum of understanding with the Secretary of Labor for 
purposes of the administration of this title by the Secretary of Labor, 
including the utilization of Department of Labor services and 
facilities for such purposes.
    (b) Included Matters.--The memorandum of understanding shall 
provide for the transfer to the Secretary of Labor of funds authorized 
to be appropriated for the Department of Energy under section 255 in 
order to cover costs incurred by the Secretary of Labor in the 
administration of this title.
    (c) Excluded Matters.--The memorandum of understanding shall not 
cover activities of the Secretary of Energy authorized under section 
214 or activities of the Secretary of Energy under section 
242(e)(6)(D).
    (d) Delegation of Responsibilities of Secretary of Labor.--The 
memorandum of understanding shall permit the Secretary of Labor to 
delegate any functions and responsibilities of that Secretary under the 
memorandum of understanding to appropriate officers and employees of 
the Department of Labor.

SEC. 252. REGULATIONS.

    (a) Department of Labor.--Not later than 120 days after the date of 
the entry into the memorandum of understanding required by section 251, 
the Secretary of Labor shall prescribe regulations for purposes of the 
administration of this title.
    (b) Other Regulations.--Not later than 120 days after the date of 
entry into the memorandum of understanding required by section 251--
            (1) the Secretary of Energy shall prescribe the regulations 
        required under section 213(a)(2)(B); and
            (2) the Secretary of Health and Human Services shall 
        prescribe the regulations required under subsections (b) and 
        (c) of section 242.

SEC. 253. NUCLEAR EMPLOYEES' RADIATION COMPENSATION FUND.

    (a) Establishment.--There is hereby established on the books of the 
Treasury of the United States a fund to be known as the ``Nuclear 
Employees' Radiation Compensation Fund'' (in this section referred to 
as the ``Fund'').
    (b) Elements of Fund.--There shall be deposited in the Fund the 
following:
            (1) Amounts appropriated for the Fund.
            (2) Amounts that otherwise accrue to the Fund under this 
        title.
    (c) Availability.--(1) Amounts in the Fund may be used for the 
provision of compensation and benefits and other expenses authorized by 
this title in connection with the provision of such compensation and 
benefits.
    (2) Amounts in the Fund shall not be available for the payment of 
costs incurred in the administration of this title.
    (3) Amounts in the Fund shall remain available until expended.
    (d) Administration of Fund.--(1) Not later than 45 days before the 
end of each quarter of a fiscal year, the Secretary of Labor shall 
determine the following:
            (A) Total cost of compensation and benefits and other 
        payments made from the Fund during the preceding fiscal year 
        quarter.
            (B) The balance in the Fund as of the end of the preceding 
        fiscal year quarter.
            (C) An estimate of the anticipated expenditures from the 
        Fund for the payment of compensation and benefits and other 
        payments under this title for each of the two succeeding fiscal 
        year quarters.
    (2) The determination made under paragraph (1) in the last quarter 
of a fiscal year under paragraph (1) shall include, in addition to the 
matter required under that paragraph, the following:
            (A) The total cost of compensation and benefits and other 
        payments from the Fund during the preceding twelve months.
            (B) An estimate of the anticipated expenditures from the 
        Fund for the  payment of compensation and benefits and other 
        payments for each of the two succeeding fiscal years.

SEC. 254. ANNUAL REPORT.

    Not later than October 31 each year, the Secretary of Labor shall 
submit to Congress a report on the administration of this title during 
the preceding fiscal year. The report shall include any determinations 
made under section 253(d) during such fiscal year.

SEC. 255. AUTHORIZATION OF APPROPRIATIONS FOR COSTS OF ADMINISTRATION.

    (a) Authorization of Appropriations.--There is hereby authorized to 
be appropriated for the Department of Energy for each fiscal year after 
fiscal year 2000 such sums as may be necessary in such fiscal year for 
the costs of administration of this title by the Secretary of Labor.
    (b) Transfer.--The Secretary of Energy shall, pursuant to the 
memorandum of understanding under section 251, transfer to the 
Secretary of Labor any amounts appropriated pursuant to the 
authorization of appropriations in subsection (a).
                                 <all>