[Congressional Record Volume 145, Number 163 (Wednesday, November 17, 1999)]
[Senate]
[Pages S14735-S14739]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Mr. Thompson, and Mr. Kennedy):
  S. 1954. A bill to establish a compensation program for employees of 
the

[[Page S14736]]

Department of Energy, its contractors, subcontractors, and beryllium 
vendors, who sustained beryllium-related illness due to the performance 
of their duty; to establish a compensation program for certain workers 
at the Paducah, Kentucky, gaseous diffusion plant; to establish a pilot 
program for examining the possible relationship between workplace 
exposure to radiation and hazardous materials and illnesses or health 
conditions; and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.


                   energy employees' compensation act

  Mr. BINGAMAN. Mr. President, I am pleased to introduce today, along 
with my colleagues, Senators Thompson and Kennedy, a bill to establish 
compensation programs for workers at Department of Energy sites, 
contractors, and vendors who are ill because they were exposed to 
severe chemical and radioactive hazards while on the job. This bill, 
the Energy Employees' Compensation Act, will recognize three of the 
more egregious workplace hazards that were allowed to exist over the 
years at DOE facilities.
  The first of these situations was the exposure of workers at DOE 
sites and vendors to beryllium, a metal that has been used for the past 
50 years in the production of nuclear weapons. Even very small amounts 
of exposure to beryllium can result in the onset of Chronic Beryllium 
Disease (CBD), an allergic lung reaction resulting in lung scarring and 
loss of lung function. The only treatment is the use of steroids to 
control the inflammation. There is no cure. Once a person has been 
exposed to beryllium, he or she has a lifelong risk of developing CBD. 
While only 1 to 6 percent of exposed people will generally develop CBD, 
some work tasks are associated with disease rates as high as 16 
percent. Beryllium was used at 20 DOE sites, including sites in my 
state of New Mexico. An estimated 20,000 workers may have been exposed, 
including 1,000-1,500 in New Mexico. To date, DOE screening programs 
have identified 146 cases of CBD among current and former workers, 
although the number can be expected to grow. The people who are 
affected by this disease were typically blue-collar workers at these 
facilities. They are not covered by the federal workers' compensation 
system, and the various state workers' compensation programs are not 
well geared to deal with chronic occupational illnesses like CBD. I 
believe that, since these workers became exposed to beryllium while 
working in the defense of their country, the country owes them 
something in return, should they come down with Chronic Beryllium 
Disease. That is why I will fight to help the workers and their 
families in New Mexico and elsewhere through this part of the bill.
  The second situation which this bill seeks to remedy occurred at the 
DOE Paducah Gaseous Diffusion Plant in Kentucky. Here, workers were 
unknowingly exposed to plutonium and other highly radioactive materials 
that were present in recycled uranium sent to the plant by the former 
Atomic Energy Commission. The AEC and the managers of the plant knew 
about this hazard in the 1950s, but enhanced protection for workers at 
Paducah was not implemented until 1992. This is an unbelievable and 
outrageous error. These workers deserve full compensation for the 
health effects of exposures that they were subject to without their 
knowledge.
  The third situation that this bill addresses occurred to 55 workers 
at the DOE's East Tennessee Technology Park, who also suffered 
exposures to radiation and hazardous materials that have resulted in 
occupational illness. Through this provision, DOE can make a grant of 
$100,000 to each worker, if medical experts find that it is 
appropriate.
  The Department of Energy, under Secretary Richardson's leadership, is 
facing up to some of its past failures to properly oversee worker 
health and safety at its facilities. It is a tragedy that we have to 
introduce and pass bills like this one, particularly in cases where it 
seems so clear that the problems could have been prevented. But this 
bill is the right thing to do for workers who served their country and 
expected that they would be kept safe from occupational injury. As the 
Congress considers this bill, I hope that we also remain vigilant to 
the ongoing challenges to worker safety and health at DOE facilities, 
particularly in the parts of the Department that are being reorganized 
as a result of legislation we passed earlier this year.
  I ask unanimous consent that a section-by-section analysis be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                      Section-by-Section Analysis

         TITLE I--ENERGY EMPLOYEES' BERYLLIUM COMPENSATION ACT


                        SECTION 101. SHORT TITLE

       This section designates this title as the ``Energy 
     Employees' Beryllium Compensation Act.''


                         SECTION 102. FINDINGS

       Employees of the Department of Energy, and employees of the 
     Department's contractors and vendors, have been, and 
     currently may be, exposed to harmful substances, including 
     dust particles or vapor of beryllium, while performing duties 
     uniquely related to the Department of Energy's nuclear 
     weapons production program. Exposure to dust particles or 
     vapor of beryllium in this situation may cause beryllium 
     sensitivity and chronic beryllium disease, and those who 
     suffer beryllium-related health conditions should have 
     uniform and adequate compensation.


                        SECTION 103. DEFINITIONS

       This section provides the definitions of a number of terms 
     necessary to implement this legislation. It also incorporates 
     the definitions of multiple terms from the Federal Employees' 
     Compensation Act, section 8101 of title, United States Code.
       A beryllium vendor is defined as those vendors known to 
     have produced or provided beryllium for the Department of 
     Energy. The definition allows the Secretary of Energy to add 
     other vendors by regulation.
       A covered employee is defined as an employee of entities 
     that contracted with the Department of Energy to perform 
     certain services at a Department of Energy facility and an 
     employee of a subcontractor. The definition also includes an 
     employee of a beryllium vendor during a time when beryllium 
     was being processed and sold to the Department of Energy. An 
     employee of the federal government is also a covered employee 
     if the employee may have been exposed to beryllium at a 
     Department of Energy facility or that of a beryllium vendor.
       Covered illness is defined as Beryllium Sensitivity and 
     Chronic Beryllium Disease. The statute sets forth criteria by 
     which the existence of these conditions may be established. 
     Consequential injuries arising from these conditions are also 
     covered illnesses.


        SECTION 104. REGULATORY AUTHORITY TO REVISE DEFINITIONS

       This section provides specific authority for the Secretary 
     of Energy to designate by regulation additional entities as 
     beryllium vendors for the purposes of this title. This 
     section also authorizes the Secretary of Energy to provide by 
     regulation additional criteria through which a claimant may 
     establish the existence of a covered illness.
       With regard to proposed subsection (a), it is possible that 
     new vendors of beryllium or beryllium-related products will 
     develop contractual relationships with the Department of 
     Energy in the future; as these contractual relationships 
     develop, it will become necessary to designate these vendors 
     as ``beryllium vendors'' for the purposes of this title.
       With respect to subsection (b), advances in medical science 
     and testing, and in the medical field's understanding of the 
     harmful effects of exposure to beryllium, are expected to 
     occur. The definition of ``covered illness'' in section 
     103(4) of this title represents the understanding of the 
     Department of Energy of the current state of medical 
     knowledge on the demonstrated methods of establishing 
     beryllium sensitivity or chronic beryllium disease. This 
     subsection would allow the Secretary of Energy to specify 
     additional criteria by which a claimant may establish 
     existence of a covered illness.


                      section 105. administration

       This section provides that the Secretary of Energy may 
     administer the program or may enter into an agreement with 
     another agency of the United States, such as the Department 
     of Labor, to administer the program. The Department of Energy 
     would reimburse the other agency for its administrative 
     services.


     section 106. exposure to beryllium in the performance of duty

       In order to receive compensation under the Energy 
     Employees' Beryllium Compensation Act (EEBCA) for any 
     condition related to exposure to beryllium, a covered 
     employee must be determined to have been exposed to beryllium 
     in the performance of duty.
       Subsection (a) of this section provides a rebuttable 
     presumption that employees of DOE contractors (section 
     103(3)(A)) and federal employees (section 103(3)(C)) who were 
     employed at a DOE facility, or whose employment caused them 
     to be present at a DOE or a beryllium vendor's facility, when 
     beryllium was present, were exposed to beryllium in the 
     performance of duty. To rebut the presumptions, substantial 
     evidence would have to be introduced into the record 
     establishing that the covered employee was not exposed to 
     beryllium or beryllium dust during the employee's presence at 
     the facility.
       With respect to employees of beryllium vendors (section 
     103(3)(B)), subsection (b) of

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     this section provides that these employees have the burden of 
     establishing by substantial evidence exposure to beryllium 
     that was intended for sale to, or to be used by, the DOE. 
     Thus, to the extent that employees of beryllium vendors 
     adduce evidence of exposure to beryllium or beryllium dust 
     solely in circumstances where the eventual product was not 
     intended for sale to, or use by, the DOE, this evidence would 
     not support a finding that the employees were exposed to 
     beryllium in the performance of duty.


 section 107. compensation for disability or death, medical services, 
                     and vocational rehabilitation

       This section incorporates into this statute the relevant 
     provisions of the FECA regarding payment of compensation and 
     other benefits for covered illnesses. Provisions incorporated 
     by reference include FECA sections regarding medical services 
     and benefits (5 U.S.C. Sec. 8103); vocational rehabilitation 
     (Sec. Sec. 8104 and 8111(b)); total (Sec. 8105) and partial 
     (Sec. 8106) disability; schedule awards for permanent 
     impairment (Sec. Sec. 8107-8109); augmented compensation for 
     dependents (Sec. 8110); additional compensation for services 
     of attendants (Sec. 8111(a)); maximum and minimum monthly 
     payments (Sec. 8112); increase or decrease of basic 
     compensation (Sec. 8113); wage-earning capacity (Sec. 8115); 
     three-day waiting period (Sec. 8117); compensation in case of 
     death (Sec. 8133); funeral expenses (Sec. 8134); lump-sum 
     payment (Sec. 8135); and cost-of-living adjustment 
     (Sec. 8146a (a) and (b)).
       Subsection (b) of this section provides that all of the 
     compensation under this title will come out of the Energy 
     Employees' Beryllium Compensation Fund established pursuant 
     to section 120 of this title and is limited to amounts 
     available in that fund.
       Subsection (c) of this section prohibits any payment of 
     compensation for any period prior to the effective date of 
     the title, except for the retroactive lump-sum compensation 
     payment specified in section 111 of this title.


                    section 108. computation of pay

       This section incorporates 5 U.S.C. Sec. 8114 regarding 
     computation of pay into this title. Subsection (b) of this 
     section contains slight wording changes from 5 U.S.C. 
     Sec. 8114(d)(3) necessitated by the fact that not all covered 
     employees under this title are federal employees within the 
     meaning of the FECA.


           section 109. limitations on receiving compensation

       This section parallels, with some modifications, the 
     restrictions on receipt of compensation simultaneously with 
     receipt of other benefits for the same covered illness set 
     forth in 5 U.S.C. Sec. 8116. Subsections (a) and (b) of 
     section 109 contain the same prohibitions against dual 
     benefits sete forth in 5 U.S.C. Sec. 8116(a) and (b), and 
     apply to federal employees and beneficiaries whose benefit 
     derives from federal employees. Thus, individuals who are 
     eligible to receive benefits under this title may not 
     simultaneously receive those benefits and an annuity from the 
     Office of Personnel Management, whether such annuity is based 
     on length of service or disability. The election required by 
     subsection (b) is not subject to the provisions of section 
     110 regarding coordination of benefits.
       Subsection (c) applies only to federal employees awarded 
     benefits under this title and under FECA for the same covered 
     illness or death, and requires an election between the two 
     systems.
       Once an informed election has been made, the election is 
     irrevocable.
       Subsections (d) and (e) require an individual eligible to 
     receive benefits under this title, and also eligible to 
     receive benefits under a state worker's compensation system 
     based on the same covered illness or death, to elect either 
     benefits under this title (subject to the reduction in 
     benefits set forth in section 110) or under the applicable 
     state workers' compensation system, unless the state workers' 
     compensation coverage was secured by an insurance policy or 
     contract, and the Secretary of Energy specifically waives the 
     requirement to make an election. An informed election under 
     these two subsections, once made, is irrevocable.
       Subsection (f) requires a widow or widower who would 
     theoretically be eligible for benefits derived from more than 
     one husband or wife to make an election of one benefit. The 
     provision prevents a potential duplication of compensation 
     benefits in unusual, but predictable, circumstances. An 
     informed election under this subsection, once made, is 
     irrevocable.


                 section 110. coordination of benefits

       This section provides for reduction of benefits under this 
     title if the claimant is awarded benefits under any state or 
     federal workers' compensation system for the same covered 
     illness or death. This section is intended to prevent a 
     double recovery by individuals who have already received 
     compensation for illnesses covered by this title. Subsection 
     (a) of this section provides for a dollar-for-dollar 
     reduction of benefits under this title by the amount of 
     benefits received under this state or federal workers' 
     compensation system, less than reasonable costs of obtaining 
     such benefits. The determination of the reasonable costs 
     obtaining such benefits is a matter reserved to the Secretary 
     of Energy.
       Subsection (b) of this section provides that, if the 
     Secretary of Energy has granted a waiver of the election 
     requirement under section 109(d)(2) of this title, the amount 
     of compensation benefits is reduced by eighty percent of the 
     net amount of any state workers' compensation benefits 
     actually received or entitled to be received in the future, 
     after deducting the claimant's reasonable costs (as 
     determined by the Secretary of Energy) of obtaining such 
     benefits. Permitting an employee whose state workers' 
     compensation remedy is secured by insurance to retain an 
     additional twenty percent of state benefits provides an 
     incentive for the employee to seek such benefits in 
     situations where the Secretary of Energy has determined that 
     it is appropriate to waive the election requirement. In these 
     circumstances; value may be obtained for insurance policies 
     purchased prior to the enactment of this title.


                 section 111. retroactive compensation

       This section allows an eligible covered employee to elect 
     to receive retroactive compensation of $100,000, in lieu of 
     any other compensation under this title, if the employee was 
     diagnosed, prior to October 1, 1999, as having a beryllium-
     related pulmonary condition consistent with Chronic Beryllium 
     Disease and if the employee demonstrates the existence of 
     such diagnosis and condition by medical documentation created 
     during the employee's lifetime, at the time of death, or 
     autopsy.
       When an employee who would have been eligible to elect to 
     receive retroatice compensation dies prior to making the 
     election, of any cause, the employee's survivors may make the 
     election. The right to make an election shall be afforded to 
     survivors in the order of precedence set forth in section 
     8109 of title 5, United States Code, which is based, in 
     essence, on proximity of family relationship to the covered 
     employee.
       The employee or survivor must make the election within 30 
     days after the date the Secretary of Energy determined to 
     award compensation for total or partial disability or within 
     30 days after the date that the Secretary informs the 
     employee or the employee's survivor of the right to make the 
     election, whichever is later, unless the Secretary extends 
     the time. Informed elections are irrevocable and binding on 
     all survivors.
       When an employee or a survivor has made an election, no 
     other payment of compensation may be made on account of any 
     other beryllium-releated illness.
       A determination that the covered employee had ``beryllium-
     related pulmonary condition'' does not constitute a 
     determination that he or she had a covered illness.
       Retroactive compensation is not subject to a cost of living 
     adjustment.


     SECTION 112. EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES, 
                    CONTRACTORS, AND SUBCONTRACTORS

       This section provides that the benefits authorized under 
     this title are an exclusive remedy for individuals against 
     the United States, DOE, and DOE contractors and 
     subcontractors, except for proceedings under a state or 
     federal workers compensation statute, subject to sections 109 
     and 110 of this title.


       SECTION 113. ELECTION OF REMEDY AGAINST BERYLLIUM VENDORS

       This section provides that if an individual elects to 
     accept payment under this title, acceptance also will be an 
     exclusive remedy against beryllium vendors who have supplied 
     DOE with beryllium products, except for proceedings under a 
     state or federal workers compensation statute, subject to 
     sections 109 and 110.


                           SECTION 114. CLAIM

       This section adopts the requirements of a claim in section 
     8121, title 5, United States Code, which requires a claim to 
     be in writing and delivered or properly mailed to the 
     Secretary of Energy. The claim must be on an approved form, 
     contain all required information, sworn, and accompanied by  
     a physician's certificate stating the nature of the injury 
     and the nature and probable extent of the disability, 
     although the Secretary may waive these latter four 
     requirements for reasonable cause.


             section 115. time limitation on filing a claim

       This section limits the time for fling a claim under this 
     title.


                      section 116. review of award

       This section provides that the decisions of the Secretary 
     of Energy in allowing or denying any payment under this title 
     are final, and are not subject to judicial review or review 
     by another official of the United States. For purposes of 
     this section, decisions issued by the Beryllium Compensation 
     Appeals Panel (to be established under regulations authorized 
     by section 122 of this title) are decisions of the designee 
     of the Secretary of Energy, in the same way that the 
     decisions of the Employees' Compensation Appeals Board 
     established under 5 U.S.C. Sec. 8149 are decisions of the 
     designee of the Secretary of Labor.


                    section 117. assignment of claim

       This section is identical to 5 U.S.C. Sec. 8130.


                       section 118. adjudication

       Subsection (a) provides that, if the Secretary of Energy 
     establishes new criteria for establishing coverage of a 
     covered illness by specifically promulgating a regulation 
     pursuant to the authority granted by section 104(b) of this 
     title, a claimant has the right to request reconsideration of 
     a decision awarding or denying coverage. This provision is 
     intended to permit a claimant whose claim was properly denied 
     under the criteria in effect at the time of the initial 
     denial to seek and obtain reconsideration based on the new 
     criteria, notwithstanding the fact that,

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     under the administrative appeal rights contained in this 
     title, the claimant would not be entitled to reconsideration.
       Subsection (b) incorporates into this title FECA provisions 
     regarding physical examinations (Sec. 123); findings and 
     awards (Sec. 8124); misbehavior at proceedings (Sec. 8125); 
     subpoenas, oaths, and examination of witnesses (Sec. 8126); 
     representation and attorney's fees (Sec. 8127); 
     reconsideration (Sec. 8128); and recovery of overpayments 
     (Sec. 8129).


             section 119. subrogation of the united states

       This section incorporates the provisions of 5 U.S.C. 
     Sec. Sec. 8131 and 8132 into this title. Based on these 
     provisions, the United States has the same statutory right of 
     reimbursement of the compensation payable under this title 
     against the proceeds of any recovery from a responsible third 
     party tortfeasor as that set forth in the FECA.
       Subsection (c) notes that, for purposes of this title, the 
     last sentence of 5 U.S.C. Sec. 8131(a) that an ``employee 
     required to appear as a party or witness in the prosecution 
     of such an action [against a third party] is in an active 
     duty status while so engaged'' applies only to federal 
     employees covered under this title, as defined in section 
     103(3)(C).


       SECTION 120. ENERGY EMPLOYEES BERYLLIUM COMPENSATION FUND

       This section creates in the U.S. Treasury the Energy 
     Employees' Beryllium Compensation Fund, which consists of 
     amounts appropriated to it or transferred to it from other 
     DOE accounts and amounts that otherwise accrue to it under 
     this title. Amounts in the Fund may be used for the payment 
     of compensation and other benefits and expenses authorized by 
     this title and for payment of administrative expenses.


        SECTION 121. FORFEITURE OF BENEFITS BY CONVICTED FELONS

       Any individual convicted of violating section 1920 of title 
     18, United States Code, which prohibits false statements to 
     obtain federal employees' compensation, or any other federal 
     or state criminal statute relating to fraud in the 
     application or receipt of any benefits under the title, or 
     any other workers' compensation Act, shall forfeit (as of the 
     date of conviction) any benefits for any injury occurring on 
     or before the date of the conviction. This forfeiture is in 
     addition to any action of the Secretary of Energy under two 
     other provisions of the FECA that have been incorporated into 
     this title. Section 8106 of title 5, United States Code, 
     provides that an employee who fails to make a required report 
     or knowingly understates earnings forfeits compensation for 
     any period for which the report was required. Section 8129 
     provides for the recovery of overpayments made to an 
     individual due to a mistake in fact or law by decreasing 
     later payments.
       Except for payments to dependents as calculated under 
     section 8133 of title 5, United States Code, an individual 
     confined for the commission of a felony may not receive 
     benefits during the period of incarceration or retroactively 
     after release.
       State and federal governments must make available to the 
     Secretary of Energy, upon written request, the names and 
     social security numbers of individuals who are incarcerated 
     for felony offenses.


     SECTION 122. REGULATIONS--BERYLLIUM COMPENSATION APPEALS PANEL

       This section, modeled after 5 U.S.C. Sec. 8149, authorizes 
     the Secretary of Energy to provide by regulation for the 
     creation of the Beryllium Compensation Appeals Panel. This 
     panel is intended to have the same adjudicatory authority 
     over appeals from adverse determinations of claims under this 
     title that the Employees' Compensation Appeals Board 
     exercises over appeals from adverse determinations of claims 
     under the FECA.


              SECTION 123. CIVIL SERVICE RETENTION RIGHTS

       This section provides that a federal employee who meets the 
     definition of a covered employee within the meaning of 
     section 103(3)(C) of this title has the same civil service 
     retention rights as are applicable to federal employees by 
     virtue of the provisions of 5 U.S.C. Sec. 8151. Civil Service 
     retention rights are administered by the Office of Personnel 
     Management; as with 5 U.S.C. Sec. 8151, see Charles J. 
     McQuistion, 37 ECAB 193 (1985), this section is intended to 
     be administered, enforced, and interpreted by OPM.


                       SECTION 124. ANNUAL REPORT

       This section provides that the Secretary of Energy will 
     prepare a report with respect to the administration of this 
     title on a fiscal year basis, and will submit this report to 
     Congress.


              SECTION 125. AUTHORIZATION OF APPROPRIATIONS

       This section authorizes appropriations and authorizes 
     transfers from other DOE accounts, to the extent provided in 
     advance in appropriations Acts, to carry out the purposes of 
     this title. This section also provides that the Secretary 
     limit the amount for the payment of compensation and other 
     benefits to an amount not in excess of the sum of the 
     appropriations to the Fund and amounts made available by 
     transfer to the Fund.


                       SECTION 126. CONSTRUCTION

       This section provides that any amendments to provisions of 
     the Federal Employees' Compensation Act, 5 U.S.C. 
     Sec. Sec. 8101-8151, which have been incorporated by 
     reference into this title, will also be effective to 
     proceedings under this title.


                   SECTION 127. CONFORMING AMENDMENTS

       This section makes conforming amendments to criminal 
     provisions of the United States Code (18 U.S.C. 
     Sec. Sec. 1920, 1921, and 1922).


                      SECTION 128. EFFECTIVE DATE

       This section provides that the title is effective upon 
     enactment, and applies to all claims, civil actions, and 
     proceedings ``pending on, or filed on or after, the date of 
     the enactment'' of this title. Because compensation under 
     this title constitutes a covered employee's exclusive remedy 
     against the United States, and DOE's contractors and 
     subcontractors, any claim against the United States (under 
     the Federal Tort Claims Act) or against any of the other 
     above-referenced entities that has not been reduced to a 
     final judgment before the date is barred by this title.

              TITLE II--ENERGY EMPLOYEES PILOT PROJECT ACT


                        section 201. short title

       This section designates this Act as the ``Energy Employees 
     Pilot Project Act.''


                       section 202. pilot project

       This section directs the Secretary of Energy to conduct a 
     pilot program to examine the possible relationship between 
     workplace exposures to radiation, hazardous materials, or 
     both and occupational illness or other adverse health 
     conditions.


                     section 203. physicians panel

       This section requires a panel of physicians who specialize 
     in health conditions related to occupational exposure to 
     radiation and hazardous materials to issue a report which 
     examines whether 55 current and former employees of the 
     Department of Energy's East Tennessee Technology Park may 
     have sustained any illness or health condition as a result of 
     their employment.


                section 204. secretary of energy finding

       The contractor is required by this section to provide the 
     report of the panel to the Secretary of Energy, who will 
     determine whether any of the employees who are covered by the 
     report may have sustained an adverse health condition from 
     their employment.


                           section 205. award

       If the Secretary of Energy makes a positive finding under 
     section 204 concerning an employee, the employee may receive 
     an award of $100,000. If the employee is eligible for an 
     award under title I, the employee may elect to receive 
     payment under this title in place of compensation under title 
     I.


                         section 206. election

       This section provides that the employee is to make the 
     election under section 205 within a certain period of time. 
     Informed elections are irrevocable and binding on all 
     survivors.


                    section 207. survivor's election

       If an individual dies before making the election, the 
     employee's survivor may make the election. The right to make 
     an election shall be afforded to survivors in the order of 
     precedence set forth in section 8109 of title 5, United 
     States Code, which is based, in essence, on proximity of 
     family relationship to the covered employee.


                      section 208. status of award

       An award is not income under the Internal Revenue Code.


 section 209. payment in full settlement of claims against the united 
                states, contractors, and subcontractors

       This section provides that employees at the facility 
     eligible for benefits under this title can elect which remedy 
     to pursue. If they elect to proceed under this title, then 
     acceptance of payment under this title will be in full 
     settlement of all claims against the United States, DOE, a 
     DOE contractor, a DOE subcontractor, or an employee, agent, 
     or assign of one of them arising out of the condition for 
     which the payment was made, except that the employee would 
     retain the right to proceed under a state workers 
     compensation statute, subject to the reduction-of-benefits 
     provision of subsection (c). Under that subsection, the 
     benefits awarded to a claimant under this title would be 
     reduced by the amount of any other payments received by that 
     claimant because of the same illness or adverse health 
     condition, excluding payments for medical expenses under a 
     workers' compensation system.


                        section 210. subrogation

       This section sets out the conditions under which the United 
     States is subrogated to a claim.


              section 211. authorization of appropriation

       This section authorizes appropriations for the program and 
     provides that authority under this title to make payments is 
     effective in any fiscal year only to the extent, or in the 
     amounts, provided in advance in an appropriation Act

        TITLE III--PADUCAH EMPLOYEES' EXPOSURE COMPENSATION ACT


                        section 301. short title

       This section designates this Act as the ``Paducah 
     Employees' Exposure Compensation Act.''


                        section 302. definitions

       This section defines a number of terms necessary to 
     implement this legislation, including ``Paducah employee'' 
     and ``specified disease''


       section 303. paducah employees' exposure compensation fund

       This section establishes in the Treasury of the United 
     States the Paducah Employee's

[[Page S14739]]

     Exposure Compensation Fund. The amounts in the fund are 
     available for expenditure by the Attorney General under 
     section 305, and the Fund terminates 22 years after the date 
     of enactment of this title. This section also authorizes 
     appropriations to the Fund in the sums necessary to carry out 
     the purposes of the title and provides that authority under 
     this Act to enter into contracts or to make payments is not 
     effective in any fiscal year except to the extent, or in the 
     amounts, provided in advance in appropriations Acts.


                    section 304. eligible employees

       This section sets forth who is eligible to receive 
     compensation under this title and provides that an eligible 
     employee who files a claim that the Attorney General 
     determines meets the requirements of this title, receives 
     $100,000 as compensation.
       A person eligible for compensation is a Paducah employee 
     (as defined under section 302(2)) who was employed at the 
     Paducah, Kentucky, gaseous diffusion plant for at least one 
     year during the period beginning on January 1, 1953, and 
     ending on February 1, 1992, who during that period was 
     monitored through the use of dosimetry badges for exposure at 
     the plant to radiation from gamma rays or who worked in a job 
     that, as determined by regulation, led to exposure at the 
     plant to radioactive contaminants, including plutonium 
     contaminants; and who submits written medical documentation 
     as to having contracted a specified disease after beginning 
     employment at the plant during the indicated period and after 
     being monitored or beginning work at a job that could have 
     led to exposure as specified.


            section 305. determination and payment of claims

       Generally, this section sets forth the procedures for 
     filing claims, authority for the Attorney General to consider 
     claims and make compensation payments, consequences of 
     payment of a claim, cost of administering the program, and 
     appeals procedures.
       Subsection (a) provides that the Attorney General establish 
     procedures whereby individuals may submit claims for payment 
     under this title.
       Subsection (b) provides that the Attorney General determine 
     whether a claim filed under this title meets the requirements 
     of the title. It also provides for consultation with the 
     Surgeon General and the Secretary of Energy in certain 
     instances.
       Subsection (c) provides that the Attorney General pay, from 
     amounts available in the Fund, claims filed under this title 
     that the Attorney General determines meet the requirements of 
     this title. This subsection also sets out the conditions 
     under which payments are offset and the United States 
     is subrogated to a claim. It also provides for payment to 
     the survivor of a Paducah employee who is deceased at the 
     time of payment under this section.
       Subsection (d) provides that the Attorney General complete 
     the determination on each claim not later than twelve months 
     after the claim is so filed. The Attorney General may request 
     from any claimant, or from any individual or entity on behalf 
     of any claimant, additional information or documentation 
     necessary to complete the determination.
       Subsection (e) provides that employees at the Paducah 
     facility eligible for benefits under this title can elect 
     which remedy to pursue. If they elect to proceed under this 
     title, then acceptance of payment under this title will be in 
     full settlement of all claims against the United States, DOE, 
     a DOE contractor, a DOE subcontractor, or an employee, agent, 
     or assign of one of them arising out of the illness for which 
     the payment was made, except for claims in an administrative 
     or judicial proceeding under a state workers' compensation 
     statute, subject to the reduction-of-benefits provision of 
     subparagraph (3). Under that subparagraph, the benefits 
     awarded to a claimant under this title would be reduced by 
     the amount of any other payments received by that claimant 
     because of the same specified illness, excluding payments for 
     medical expenses under a workers' compensation system.
       Subsection (f) sets forth how costs of administering the 
     title are paid.
       Subsection (g) provides that the duties of the Attorney 
     General under this section cease when the Fund terminates.
       Subsection (h) provides that amounts paid to an individual 
     under this section are not subject to federal income tax 
     under the internal revenue laws of the United States; are not 
     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 these benefits; and are not subject to offset under 
     section 3701 et seq. of title 31, United States Code.
       Subsection (i) provides that the Attorney General may issue 
     the regulations necessary to carry out this title.
       Subsection (j) provides that regulations, guidelines, and 
     procedures to carry out this title shall be issued not later 
     than 270 days after the date of enactment of this title.
       Subsection (k) sets forth administrative appeals procedures 
     and procedures for judicial review.


           SECTION 306. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE

       This section provides that a claim cognizable under this 
     title is not assignable or transferable.


                   SECTION 307. LIMITATIONS ON CLAIMS

       This section provides that claim to which this title 
     applies shall be barred unless the claim is filed within 20 
     years after the date of the enactment of this title.


                       SECTION 308. ATTORNEY FEES

       This section limits the amount of attorney fees for 
     services rendered in connection with a claim under this title 
     to no more than 10 percent of a payment made on the claim. An 
     attorney who violates this section shall be fined not more 
     than $5,000.


     SECTION 309. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES

       This section provides that a payment made under this title 
     shall not be considered as any form of compensation or 
     reimbursement for a loss for purposes of imposing liability 
     on the individual receiving the payment, on the basis of this 
     receipt; to repay any insurance carrier for insurance 
     payments. A payment under this title does not affect any 
     claim against an insurance carrier with respect to insurance.

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