Title I: Compensation and Benefits for Illnesses Related to Beryllium Exposure - Directs the Secretary of Labor, for allowed claims, to pay compensation for disability or death, reimburse covered employees for costs and medical expenses, and take other actions regarding exposure to beryllium in the performance of duty. Allows a covered employee or their survivor to elect an alternative compensation of $200,000 plus specified benefits. Establishes the Energy Employees' Beryllium Compensation Fund.
Title II: Compensation and Benefits for Illnesses Related to Exposure to Ionizing Radiation, Silica, and Hazardous Substances - Subtitle A: Cancer and Related Illnesses - Directs the Secretary of Labor, for allowed claims, to pay compensation for disability or death, reimburse covered employees for costs and medical expenses, and take other actions regarding exposure to ionizing radiation, a hazardous substance, or silica in the performance of duty. Allows a covered employee or their survivor to elect an alternative compensation of $200,000 plus specified benefits.
Subtitle B: Other Illnesses - Allows any covered employee (or their survivor) who can establish that exposure to a hazardous substance at a facility of the Department of Energy (DOE) or of a DOE contractor or uranium vendor was a contributing factor to an illness or disease other than certain illnesses to submit a claim for compensation and benefits under subtitle A.
Directs the Secretary of Labor, if the Secretary is unable to make an affirmative claim determination, to refer the claim to the Secretary of Health and Human Services. Directs the Secretary of Health and Human Services to establish physicians panels for evaluation of referred claims. Creates an advisory group to establish a list of illnesses and diseases that are presumed to be attributable to work at a facility of the DOE or of a DOE contractor or uranium vendor.
Subtitle C: General Provisions - Establishes the Nuclear Employees' Radiation Compensation Fund.
[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>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3692-3693)
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