S. 1954 — Energy Employees' Compensation Act

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1954 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1954

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 17, 1999

 Mr. Bingaman (for himself, Mr. Thompson, and Mr. Kennedy) introduced 
the following bill; which was read twice and referred to the Committee 
               on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Employees' Compensation 
Act''.

         TITLE I--ENERGY EMPLOYEES' BERYLLIUM COMPENSATION ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Energy Employees' Beryllium 
Compensation Act''.

SEC. 102. FINDINGS.

    The Congress finds that--
            (1) employees of the Department of Energy and its 
        predecessor agencies and employees of its contractors and 
        vendors have been and currently may be exposed to harmful 
        substances, including dust particles or vapor of beryllium, 
        while performing duties uniquely related to the Department of 
        Energy's nuclear weapons production program;
            (2) while linking exposure to occupational hazards with the 
        development of occupational disease is sometimes difficult, 
        scientific evidence supports the conclusion that occupational 
        exposure to dust particles or vapor of beryllium uniquely 
        related to the Department of Energy's nuclear weapons 
        production program can cause beryllium sensitivity and chronic 
        beryllium disease;
            (3) existing information indicates that state workers' 
        compensation programs have failed to provide efficient, 
        uniform, and adequate compensation to remedy the concerns 
        addressed by this title;
            (4) the civilian men and women who performed duties 
        uniquely related to the Department of Energy's nuclear weapons 
        production program over the last 50 years should have 
        efficient, uniform, and adequate compensation for beryllium-
        related health conditions for which sufficient scientific proof 
        exists of causal connection to occupational exposure;
            (5) this situation is sufficiently unique to the Department 
        of Energy's nuclear weapons production program that it is 
        appropriate for Congressional action; and
            (6) this action is not intended to have any precedential 
        effect beyond this program.

SEC. 103. DEFINITIONS.

    For the purpose of this title--
            (1) ``beryllium vendor'' means:
                    (A) Atomics International;
                    (B) Brush Wellman, Inc.;
                    (C) General Atomics;
                    (D) General Electric Company;
                    (E) NGK Metals Corporation and its predecessors; 
                Kawecki-Berylco, Cabot Corporation, BerylCo, and 
                Beryllium Corporation of America;
                    (F) Nuclear Materials and Equipment Corporation;
                    (G) StarMet Corporation, and its predecessor, 
                Nuclear Metals, Inc.;
                    (H) Wyman Gordan, Inc.; or
                    (I) any other vendor, processor, or producer of 
                beryllium or related products designated as a beryllium 
                vendor for the purposes of this title in regulations 
                issued by the Secretary pursuant to section 104 of this 
                title;
            (2) ``compensation'' means the money allowance payable 
        under this title and any other benefits paid for from the 
        Energy Employees' Beryllium Compensation Fund including the 
        retroactive compensation payable pursuant to section 111 of 
        this title;
            (3) ``covered employee'' means--
                    (A) an employee of any contractor that contracted 
                with the Department of Energy to provide management and 
                operation, management and integration, or environmental 
                remediation of a Department of Energy facility or an 
                employee of any subcontractor that provided services, 
                including construction, at such a facility;
                    (B) an employee of a beryllium vendor during a 
                period of time when that entity was engaged in 
                activities related to beryllium that was produced or 
                processed for sale to, or use by, the Department of 
                Energy; or
                    (C) an individual defined as an employee in section 
                8101(l) of title 5, United States Code, who may have 
                been exposed to beryllium at a Department of Energy 
                facility or at a facility owned, operated, or occupied 
                by a beryllium vendor;
            (4) ``covered illness'' means any of the following 
        conditions:
                    (A) Beryllium Sensitivity, established by an 
                abnormal beryllium lymphocyte proliferation test 
                performed on either blood or lung lavage cells;
                    (B) Chronic Beryllium Disease, established by--
                            (i) beryllium sensitivity, as defined in 
                        subparagraph (A), and
                            (ii) lung pathology consistent with Chronic 
                        Beryllium Disease, such as--
                                    (I) a lung biopsy showing 
                                granulomas or a lymphocytic process 
                                consistent with Chronic Beryllium 
                                Disease,
                                    (II) a computerized axial 
                                tomography scan showing changes 
                                consistent with Chronic Beryllium 
                                Disease, or
                                    (III) pulmonary function or 
                                exercise testing showing pulmonary 
                                deficits consistent with Chronic 
                                Beryllium Disease; or
                    (C) any injury or illness sustained as a 
                consequence of a covered illness as defined in 
                subparagraph (A) or (B) of this paragraph;
            (5) ``Department of Energy'' includes the predecessor 
        agencies of the Department of Energy;
            (6) ``Department of Energy facility'' means any building, 
        structure, or premises, including the grounds upon which they 
        are located, in which operations are conducted by, or on behalf 
        of, the Department of Energy and with regard to which the 
        Department of Energy has a proprietary interest or has entered 
        into a contract with an entity to provide management and 
        operation, management and integration, or environmental 
        remediation;
            (7) ``monthly pay'' means the monthly pay at the time of 
        injury, or the monthly pay at the time disability begins, or 
the monthly pay at the time compensable disability recurs, if the 
recurrence begins more than 6 months after the covered employee resumes 
regular full-time employment, whichever is greater, except when 
otherwise determined under section 8113 of title 5, United States Code;
            (8) ``Secretary'' means the Secretary of Energy;
            (9) ``time of injury'' means the last date on which a 
        covered employee was exposed to beryllium in the performance of 
        duty as specified in section 106 of this title; and
            (10) the following terms have the meaning given those terms 
        in section 8101 of title 5, United States Code:
                    (A) ``physician'';
                    (B) ``medical, surgical, and hospital services and 
                supplies'';
                    (C) ``widow'';
                    (D) ``parent'';
                    (E) ``brother'' and ``sister'';
                    (F) ``child'';
                    (G) ``grandchild'';
                    (H) ``widower'';
                    (I) ``student'';
                    (J) ``price index'';
                    (K) ``organ''; and
                    (L) ``United States medical officers and 
                hospitals''.

SEC. 104. REGULATORY AUTHORITY TO REVISE DEFINITIONS.

    (a) Additional vendors, processors, or producers of beryllium or 
related products may be designated as beryllium vendors for the 
purposes of this title in regulations issued by the Secretary, upon 
finding that such entities have been engaged in activities related to 
beryllium that was produced or processed for sale to, or use by, the 
Department of Energy in a manner similar to the entities listed in 
section 103(1) of this title.
    (b) Additional criteria by which a claimant may establish the 
existence of a covered illness, as defined in section 103(4) (A) or 
(B), may be specified in regulations issued by the Secretary, after 
consultation with the agency that contracts to administer this title.

SEC. 105. ADMINISTRATION.

    (a) The Secretary shall administer this title and may enter into an 
agreement with another agency of the United States to utilize its 
services and facilities for the administration of this title, and to 
compensate them for such use. An agency of the United States may enter 
into a reimbursable agreement with the Secretary for the administration 
of this title. The Secretary may delegate to any officer or employee, 
or to any agency of the United States, all powers and duties necessary 
for carrying out the purposes of this title.
    (b) To assist and facilitate administration of this title, the 
Secretary shall--
            (1) ensure the ready availability, in paper or electronic 
        format or in both formats, of forms necessary for making claims 
        and providing information under this title, and
            (2) provide assistance to employees in connection with this 
        title.
    (c) Upon a notification that a claimant has made a claim for 
benefits under this title, the Secretary shall provide information 
concerning the claim to the officers or employees with delegated 
responsibility for administering this title.
    (d) The Secretary may require a beryllium vendor to provide 
information concerning a claim filed under this title to the officers 
or employees with delegated responsibility for administering this 
title.

SEC. 106. EXPOSURE TO BERYLLIUM IN THE PERFORMANCE OF DUTY.

    (a) In the absence of substantial evidence to the contrary, a 
covered employee, as defined in section 103(3) (A) or (C) of this 
title, shall be determined to have been exposed to beryllium in the 
performance of duty for the purposes of this title if, and only if, the 
covered employee was employed at a Department of Energy facility, or 
was present at the facility or at a facility owned or operated by a 
beryllium vendor, because of employment by the United States or a 
contractor or subcontractor of the Department of Energy, for any period 
of time, during a time period when beryllium dust particles or vapor 
may have been present at that facility.
    (b) In order to be determined to have been exposed to beryllium in 
the performance of duty for the purposes of this title, a covered 
employee, as defined by section 103(3)(B) of this title, must establish 
by substantial evidence that he or she may have been exposed to dust 
particles or vapor of beryllium that was produced or processed for sale 
to, or use by, the Department of Energy.

SEC. 107. COMPENSATION FOR DISABILITY OR DEATH, MEDICAL SERVICES, AND 
              VOCATIONAL REHABILITATION.

    (a) Except as otherwise provided in this title, in accordance with 
the provisions of the following sections, and subject to the 
availability of funds in the Energy Employees' Compensation Fund, the 
United States is authorized to--
            (1) pay the compensation specified in sections 8105-8110, 
        8111(a), 8112-13, 8115, 8117, 8133-8135, and 8146a (a) and (b) 
        of title 5, United States Code, for the disability or death 
        from a covered illness, of a covered employee who was exposed 
        to beryllium while in the performance of duty as determined in 
        accordance with section 106 of this title;
            (2) furnish the services and other benefits specified in 
        section 8103 of title 5, United States Code, to a covered 
        employee who sustains a covered illness as a result of exposure 
        to beryllium while in the performance of duty as determined in 
        accordance with section 106 of this title; and
            (3) direct a permanently disabled individual whose 
        disability is compensable under this title to undergo 
        vocational rehabilitation and shall provide for furnishing 
        vocational rehabilitation services pursuant to the provisions 
        of sections 8104 and 8111(b) of title 5, United States Code
unless the covered illness or death was caused by one of the 
circumstances set forth in subsections (a)(1)-(3) of section 8102 of 
title 5, United States Code.
    (b) All compensation under this title shall be paid from the Energy 
Employees' Beryllium Compensation Fund and shall be limited to the 
amounts available in the Fund.
    (c) No payment of compensation may be made under this title for any 
period prior to the effective date of this title, except for the 
retroactive compensation specified in section 111 of this title.

SEC. 108. COMPUTATION OF PAY.

    (a) Except as otherwise provided by this title or by regulation, 
computation of pay under this title shall be determined in accordance 
with section 8114 of title 5, United States Code.
    (b) If either of the methods of determining the average annual 
earnings specified in section 8114(d) (1) and (2) of title 5, United 
States Code, cannot be applied reasonably and fairly, the average 
annual earnings are a sum that reasonably represents the annual earning 
capacity of the covered employee in the employment in which the 
employee was working at the time of injury having regard to the 
previous earnings of the employee in similar employment, and of other 
employees of the same employer in the same or most similar class 
working in the same or most similar employment in the same or 
neighboring location, other previous employment of the employee, or 
other relevant factors. However, the average annual earnings may not be 
less than 150 times the average daily wage the covered employee earned 
in the employment during the days employed within 1 year immediately 
preceding the time of injury.

SEC. 109. LIMITATIONS ON RECEIVING COMPENSATION.

    (a) While a covered employee as defined in section 103(3)(C) is 
receiving compensation under this title, or if the covered employee has 
been paid a lump sum in commutation of installment payments until the 
expiration of the period during which the installment payments would 
have continued, the covered employee may not receive salary, pay, or 
remuneration of any type from the United States, except--
            (1) in return for service actually performed;
            (2) pension for service in the Army, Navy, or Air Force;
            (3) other benefits administered by the Department of 
        Veterans Affairs unless such benefits are payable for the same 
        covered illness or the same death; and
            (4) retired pay, retirement pay, retainer pay, or 
        equivalent pay for service in the Armed Forces or other 
        uniformed service.
However, eligibility for or receipt of benefits under subchapter III of 
chapter 83 of title 5, United States Code, or another retirement system 
for employees of the Government, does not impair the right of the 
employee to compensation for scheduled disabilities specified by 
section 8107 of title 5, United States Code.
    (b) An individual eligible to receive benefits under this title 
because of a covered illness, or because of the death of a covered 
employee as defined in section 103(3)(C), who also is entitled to 
receive from the United States under a provision of statute other than 
this title payments or benefits for that covered illness or death 
(except proceeds of an insurance policy), because of service by the 
covered employee (or in the case of death, by the deceased) as an 
employee or in the armed forces, shall elect which benefits to receive. 
The individual shall make the election within the time allowed by the 
Secretary. The election when made is irrevocable, except as otherwise 
provided by statute.
    (c) While a covered employee is receiving compensation under this 
title, or if the covered employee has been paid a lump sum in 
commutation of installment payments until the expiration of the period 
during which the installment payments would have continued, the covered 
employee may not receive payment of any benefits under any other 
Federal workers' compensation system for the same covered illness or 
the same death. Such an individual shall elect which benefits to 
receive. The individual shall make the election within the time allowed 
by the Secretary. The election when made is irrevocable.
    (d) An individual eligible to receive benefits under this title 
because of a covered illness or death of a covered employee who is also 
entitled to receive benefits because of the covered illness or death of 
the covered employee from a state workers' compensation system shall 
elect which benefits to receive, unless:
            (1) at the time of injury workers' compensation coverage 
        for the covered employee was secured by a policy or contract of 
        insurance; and
            (2) the Secretary waives the requirement to make such an 
        election.
    (e) An individual required to make the election specified in 
subsection (d) of this section shall make the election within the time 
allowed by the Secretary. The election when made is irrevocable.
    (f) A widow or widower who is eligible for benefits under this 
title derived from more than one husband or wife shall elect one 
benefit to be utilized.

SEC. 110. COORDINATION OF BENEFITS.

    (a) A claimant, except as specified in subsection (b) of this 
section, awarded benefits under this title as a result of a covered 
illness or death of a covered employee who has received benefits 
because of the covered illness or death from any other state or federal 
workers' compensation system and who has elected benefits under this 
title pursuant to section 109 (c) or (d) of this title shall receive 
compensation as specified in this title for the covered illness or 
death, reduced by the amount of any workers' compensation benefits, 
that the claimant has received or will receive on account of the 
covered illness or death under any state or federal workers' 
compensation system, after deducting the reasonable costs, as 
determined by the Secretary, of obtaining such benefits.
    (b) A claimant awarded benefits under this title as a result of a 
covered illness or death of a covered employee who has received 
benefits from a state workers' compensation system because of the 
covered illness or death and who has received a waiver, pursuant to 
section 109(d)(2) of this title, of the requirement to elect between 
benefits under this title and benefits under a state workers' 
compensation system shall receive compensation as specified in this 
title for the covered illness or death, reduced by eighty percent of 
the net amount of any workers' compensation benefits that the claimant 
has received or will receive on account of the covered illness or death 
under a state workers' compensation system, after deducting the 
reasonable costs, as determined by the Secretary, of obtaining such 
benefits.

SEC. 111. RETROACTIVE COMPENSATION.

    (a) A covered employee, who was exposed to beryllium in the 
performance of duty, as determined in accordance with section 106 of 
this title, and who, in addition--
            (1) was diagnosed, prior to October 1, 1999, as having a 
        beryllium-related pulmonary condition, whether or not based 
        upon the criteria necessary to establish the existence of a 
        covered illness under section 103(4) of this title, that was 
        determined, either contemporaneously or at any time later, to 
        be consistent with Chronic Beryllium Disease, as defined in 
        section 103(4)(B); and
            (2) demonstrates the existence of a beryllium-related 
        pulmonary condition, and its diagnosis, by medical 
        documentation created during the covered employee's lifetime or 
        at the time of death or autopsy,
may elect to receive retroactive compensation in the amount of 
$100,000, in lieu of any other compensation to which the covered 
employee or the employee's survivors might otherwise be awarded under 
this title.
    (b) If a covered employee who would have been eligible to make the 
election provided by this section dies before the effective date of 
this title, or before making the election, whether or not the death is 
the result of a beryllium-related condition, the employee's survivor or 
survivors may make the election to receive retroactive compensation in 
the amount of $100,000 in lieu of any other compensation that either 
the covered employee or the employee's survivors might otherwise have 
been awarded under this title. The right to make an election pursuant 
to this section shall be afforded to survivors in the order of 
precedence set forth in section 8109 of title 5, United States Code.
    (c) The election to receive retroactive compensation in lieu of 
other compensation under this statute shall be made within 30 days 
after the date of a decision determining an award of compensation for 
total disability or partial disability under this title or the date 
that the Secretary informs the employee or the employee's survivor of 
the decision to make such an election, whichever is later, unless the 
time is extended. The election when made by a covered employee or 
survivor is irrevocable and binding on all survivors.
    (d) When a covered employee, or the employee's survivor, has made 
an election to receive retroactive compensation pursuant to this 
section, no other payment of compensation under this title may be made 
on account of the same or any other covered illness or beryllium-
related pulmonary condition of that employee.
    (e) A determination that a covered employee or a survivor of a 
covered employee has established a beryllium-related pulmonary 
condition, pursuant to subsection (a) of this section, does not 
constitute a determination that the covered employee, or a survivor of 
the covered employee, has established the existence of a covered 
illness.
    (f) The retroactive compensation payable under this section shall 
not be subject to the cost-of-living adjustment set forth in section 
8146a(a) of title 5, United States Code.

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

    (a) The liability of the United States or an instrumentality of the 
United States under this title with respect to a covered illness, 
beryllium-related pulmonary condition, or death of a covered employee 
is exclusive and instead of all other liability--
            (1) of--
                    (A) the United States;
                    (B) the instrumentality;
                    (C) a contractor that contracted with the 
                Department of Energy to provide management and 
                operation, management and integration, or environmental 
                remediation of a Department of Energy facility;
                    (D) a subcontractor that provided services, 
                including construction, at a Department of Energy 
                facility; and
                    (E) an employee, agent, or assign of an entity 
                specified in subparagrpahs (A)-(D)--
            (2) to--
                    (A) the covered employee;
                    (B) the covered employee's legal representative, 
                spouse, dependents, survivors, and next of kin, and
                    (C) any other person, including any third party as 
                to whom a covered employee has a cause of action 
                relating to the covered illness or death, otherwise 
                entitled to recover damages from the United States, the 
                instrumentality, the contractor, the subcontractor, or 
                the employee, agent, or assign of one of them,
because of the covered illness, beryllium-related pulmonary condition, 
or death in any proceeding or action including a direct judicial 
proceeding, a civil action, a proceeding in admiralty, or a proceeding 
under a tort liability statute or the common law.
    (b) This section applies to all cases in which a final judgment 
that is not subject to any further judicial review has not been entered 
on or before the date of enactment of this title.
    (c) This section does not apply to an administrative or judicial 
proceeding under a state or federal workers' compensation statute 
subject to sections 109 and 110 of this title.

SEC. 113. ELECTION OF REMEDY AGAINST BERYLLIUM VENDORS.

    (a) If an individual elects to accept payment under this title with 
respect to a covered illness, beryllium-related pulmonary condition, or 
death of a covered employee, that acceptance of payment shall be in 
full settlement of all claims--
            (1) against--
                    (A) a beryllium vendor, and
                    (B) an employee, agent, or assign of a beryllium 
                vendor;
            (2) by--
                    (A) that individual;
                    (B) that individual's legal representative, spouse, 
                dependents, survivors, and next of kin; and
                    (C) any other person, including any third party as 
                to whom a covered employee has a cause of action 
                relating to the covered illness or death, otherwise 
                entitled to recover damages from the beryllium vendor 
                or the employee, agent, or assign of the beryllium 
                vendor,
that arise out of the covered illness, beryllium-related pulmonary 
condition, or death in any proceeding or action including a direct 
judicial proceeding, a civil action, a proceeding in admiralty, or 
proceeding under a tort liability statute or the common law.
    (b) This section does not apply to an administrative or judicial 
proceeding under a state or federal workers' compensation statute 
subject to sections 109 and 110 of this title.

SEC. 114. CLAIM.

    A claim for compensation under this title shall be made in the 
manner specified in section 8121 of title 5, United States Code.

SEC. 115. TIME LIMITATION ON FILING A CLAIM.

    (a) A claim for compensation under this title must be filed within 
the later of--
            (1) seven years after the effective date of this title, or
            (2) seven years after the date the claimant first becomes 
        aware of--
                    (A) a diagnosis of a covered illness or a 
                beryllium-related pulmonary condition, and
                    (B) the causal connection of that illness or 
                condition to exposure to beryllium in the performance 
                of duty as a covered employee.
    (b) A new limitations period commences with each later diagnosis of 
a covered illness or beryllium-related pulmonary condition different 
from that previously diagnosed.

SEC. 116. REVIEW OF AWARD.

    The action of the Secretary, or his or her designee, including an 
agency that provides services in the administration of this title 
pursuant to an agreement, in allowing or denying a payment under this 
title is--
            (1) final and conclusive for all purposes and with respect 
        to all questions of law and fact, and
            (2) not subject to review by another official of the United 
        States or by a court by mandamus or otherwise.

SEC. 117. ASSIGNMENT OF CLAIM.

    An assignment of a claim for compensation under this title is void. 
Compensation and claims for compensation are exempt from claims of 
creditors.

SEC. 118. ADJUDICATION.

    (a) A claimant may obtain reconsideration of a decision awarding or 
denying coverage under this title after the promulgation by the 
Secretary, pursuant to section 104 of this title, of new criteria for 
establishing coverage of a covered illness by submitting evidence that 
is relevant and pertinent to the new criteria.
    (b) Except to the extent specified in this title, the adjudication 
of issues under this title shall be conducted in accordance with the 
provisions of sections 8123-8127, 8128(a), and 8129 of title 5, United 
States Code.

SEC. 119. SUBROGATION OF THE UNITED STATES.

    (a) If a covered illness, death, or beryllium-related pulmonary 
condition for which compensation is payable under this title is caused 
under circumstances creating a legal liability in a person other than 
the United States to pay damages, sections 8131 and 8132 of title 5, 
United States Code, shall apply, except to the extent specified in this 
statute.
    (b) For purposes of this section, references in sections 8131 and 
8132 of title 5, United States Code, to the Employees' Compensation 
Fund shall mean the Energy Employees' Beryllium Compensation Fund.
    (c) For the purposes of this title, the provision in section 8131 
of title 5, United States Code, that provides that an employee required 
to appear as a party or witness in the prosecution of an action 
described in that section is in an active duty status while so engaged 
shall only apply to a covered employee, as defined in section 103(3)(C) 
of this title.

SEC. 120. ENERGY EMPLOYEES' BERYLLIUM COMPENSATION FUND.

    (a) To carry out this title, there is hereby created in the 
Treasury of the United States the Energy Employees' Beryllium 
Compensation Fund which shall consist of--
            (1) sums that are appropriated for it,
            (2) amounts that are transferred to it from other 
        Department of Energy accounts pursuant to section 125(a), and
            (3) amounts that would otherwise accrue to it under this 
        title.
    (b) Amounts in the Energy Employees' Beryllium Compensation Fund 
are authorized to be used for the payment of compensation and other 
benefits and expenses authorized by this title and for payment of all 
expenses incurred in administering this title. Such funds are 
authorized to be appropriated to remain available until expended.
    (c)(1) Within 45 days of the end of every quarter of every fiscal 
year, the Secretary shall determine the total costs of benefits, 
administrative expenses, and other payments made from the Energy 
Employees' Beryllium Compensation Fund during the quarter just ended; 
the end-of-quarter balance in the Fund; and the amount anticipated to 
be needed during the immediately succeeding two quarters for the 
payment of benefits and administrative expenses under this title.
    (2) Each cost determination made in the last quarter of the fiscal 
year under paragraph (1) shall show, in addition, the total costs of 
benefits and expenses and other payments from the Fund during the 
preceding twelve-month expense period and an estimate of the 
expenditures from the Energy Employees' Beryllium Compensation Fund for 
the payment of benefits and expenses and other payments for each of the 
immediately succeeding two fiscal years.

SEC. 121. FORFEITURE OF BENEFITS BY CONVICTED FELONS.

    (a) Any individual convicted of a violation of section 1920 of 
title 18, or any other federal or state criminal statute relating to 
fraud in the application for or receipt of any benefit under this title 
or under any other federal or state workers' compensation Act, shall 
forfeit (as of the date of such conviction) any benefit such individual 
would otherwise be awarded to under this title for any covered illness 
for which the time of injury was on or before the date of such 
conviction. Such forfeiture shall be in addition to any action the 
Secretary may take pursuant to the provisions of sections 8106 or 8129 
of title 5, United States Code.
    (b)(1) Notwithstanding any other provision of law (except as 
provided under paragraph (3)), no benefits under this title shall be 
paid or provided to any individual during any period during which such 
individual is confined in a jail, prison, or other penal institution or 
correctional facility, pursuant to that individual's conviction of an 
offense that constituted a felony under applicable law.
    (2) Such an individual shall not receive the benefits forfeited 
during the period of incarceration under paragraph (1), after the 
period of incarceration ends.
    (3) If an individual has one or more dependents as defined under 
section 8110(a) of title 5, United States Code, the Secretary may, 
during the period of incarceration, pay to these dependents a 
percentage of the benefits that would have been payable to such 
individual computed according to the percentages set forth in section 
8133(a) (1) through (5) of title 5, United States Code.
    (c) Notwithstanding the provision of section 552a of title 5, 
United States Code, or any other provision of Federal or State law, any 
agency of the United States Government or of any State (or political 
subdivision thereof) shall make available to the Secretary, 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, which the Secretary may 
require to carry out the provisions of this section.

SEC. 122. REGULATIONS--BERYLLIUM COMPENSATION APPEALS PANEL.

    The Secretary may prescribe regulations necessary for the 
administration and enforcement of this title including regulations for 
the conduct of hearings under this title. The regulations shall provide 
for a Beryllium Compensation Appeals Panel of three individuals with 
authority to hear and, subject to applicable law and the regulations of 
the Secretary, make final decisions on appeals taken from 
determinations and awards with respect to claims of covered employees. 
Members of the Panel may be appointed by another agency of the United 
States to provide these appellate decision-making services pursuant to 
agreement with the Secretary.

SEC. 123. CIVIL SERVICE RETENTION RIGHTS.

    In the event that a covered employee, as defined in section 
103(3)(C) of this title, resumes employment with the Federal 
Government, the individual shall be entitled to the rights set forth 
in section 8151 of title 5, United States Code.

SEC. 124. ANNUAL REPORT.

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

SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

    (a) There is hereby authorized to be appropriated to the Department 
of Energy for deposit into the Energy Employees' Beryllium Compensation 
Fund such sums as are necessary to carry out the purposes of this Act. 
In addition, the Department is authorized, to the extent provided in 
advance in appropriations Acts, to transfer amounts to the Fund from 
other Department of Energy appropriations accounts, to be merged with 
amounts in the Fund and available for the same purposes.
    (b) In any fiscal year, the Secretary shall limit the amount of the 
compensation and benefits payments to an amount not in excess of the 
sum of the appropriations to the Fund and amounts made available by 
transfer to the Fund. Notwithstanding any other provision of this Act, 
if in any fiscal year the Secretary finds that estimates of amounts 
contained in reports pursuant to section 120(c)(1) for the payment of 
compensation, other benefits, and administrative activities authorized 
by this Act will exceed the amounts in the Fund, the Secretary is 
required to reduce compensation and benefits payments to the extent 
necessary to make up any amounts by which benefits and other costs 
authorized by this Act exceed the amount in the Fund calculated on a 
fiscal year basis.
    (c) The Secretary shall promulgate regulations to implement this 
section within 180 days of enactment.

SEC. 126. CONSTRUCTION.

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

SEC. 127. CONFORMING AMENDMENTS.

    (a) Section 1920 of title 18 is amended by inserting in the title 
``or Energy employee's'' after ``Federal employee's'' and by inserting 
``or the Energy Employees' Beryllium Compensation Act'' after ``title 
5''.
    (b) Section 1921 of title 18 is amended by inserting in the title 
``or Energy employees''' after ``Federal employees''' and by inserting 
``or the Energy Employees' Beryllium Compensation Act'' after ``title 
5''.
    (c) Section 1922 of title 18 is amended by--
            (1) inserting in the title ``or Energy employees''' after 
        ``Federal employees''';
            (2) inserting ``(a)'' before ``Whoever,'';
            (3) striking ``, neglects,'' after ``willfully fails''; and
            (4) inserting a new subsection as follows:
    ``(b) Whoever is charged with the responsibility for providing 
information pursuant to sections 105(c) and 105(d) of the Energy 
Employees' Beryllium Compensation Act and who willfully fails or 
refuses to provide this information, or knowingly provides false 
information, or induces, compels, or directs an injured employee to 
forego filing of any claim for compensation or other benefits provided 
under the Energy Employees' Beryllium Compensation Act or any extension 
or applicant thereof, or willfully retains any notice, report, claim, 
or paper which is required to be filed under that Act or any extension 
or application thereof, or regulations prescribed thereunder, shall be 
fined under this title or imprisoned not more than one year, or 
both.''.

SEC. 128. EFFECTIVE DATE.

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

              TITLE II--ENERGY EMPLOYEES PILOT PROJECT ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Energy Employees Pilot Project 
Act.''

SEC. 202. PILOT PROJECT.

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

SEC. 203. PHYSICIANS PANEL.

    Under section 202, a panel of physicians who specialize in diseases 
and health conditions related to occupational exposure to radiation, 
hazardous materials, or both selected by the contractor that managed 
the Department of Energy's East Tennessee Technology Park (referred to 
in this title as the ``facility'') shall prepare a report concerning 
medical examinations of not more than 55 current and former employees 
of the facility. The report shall address whether each of these 
employees may have sustained any illness or other adverse health 
condition as a result of their employment at the facility.

SEC. 204. SECRETARY OF ENERGY FINDING.

    The contractor shall provide the report of the panel completed 
under section 203 to the Secretary of Energy. The Secretary of Energy 
shall make a finding as to whether an employee covered by the report 
sustained an illness or other adverse health condition as a result of 
exposure to radiation, hazardous materials, or both as part of 
employment at the facility.

SEC. 205. AWARD.

    If the Secretary of Energy makes a positive finding under section 
204 regarding an employee, the Secretary may make an award to the 
employee of $100,000. If the employee is eligible for an award under 
the Energy Employees' Beryllium Compensation Act, the employee may 
elect to receive payment under this title in place of compensation 
under that Act.

SEC. 206. ELECTION.

    The election to receive an award under section 205 of this title, 
in lieu of compensation under the Energy Employees' Beryllium 
Compensation Act, shall be made within 30 days after the date of a 
decision by the Secretary of Energy determining to award compensation 
for total disability or partial disability under the Energy Employees' 
Beryllium Compensation Act or the date that the Secretary of Energy 
informs the employee of the decision to make such an election, 
whichever is later, unless the time is extended by the Secretary of 
Energy. This election when made is irrevocable and binding on all 
survivors.

SEC. 207. SURVIVOR'S ELECTION.

    If an employee who would have been eligible to make the election 
provided by this section dies before making this election, a survivor 
of the employee may make the election to receive an award pursuant to 
section 206 of this title, in lieu of any compensation to which either 
the employee or the employee's survivor might otherwise have been 
awarded under the Energy Employees' Beryllium Compensation Act. The 
right to make an election pursuant to this section shall be afforded to 
survivors in the order of precedence set forth in section 8109 of title 
5, United States Code, as amended, and as may be amended from time to 
time.

SEC. 208. STATUS OF AWARD.

    The award specified in section 205 of this title shall not be 
considered income for purposes of the Internal Revenue Code.

SEC. 209. PAYMENT IN FULL SETTLEMENT OF CLAIMS AGAINST THE UNITED 
              STATES, CONTRACTORS, AND SUBCONTRACTORS.

    (a) If an individual elects to accept payment under this title, 
that acceptance of payment shall be in full settlement of all claims--
            (1) against--
                    (A) the United States;
                    (B) the Department of Energy;
                    (C) a contractor that contracted with the 
                Department of Energy to provide management and 
                operation, management and integration, or environmental 
                remediation at the facility;
                    (D) a subcontractor that provided services, 
                including construction, at the facility; and
                    (E) an employee, agent, or assign of an entity or 
                individual specified in subparagraphs (A)-(D);
            (2) by--
                    (A) that individual;
                    (B) that individual's legal representative, spouse, 
                dependents, survivors, the next of kin; and
                    (C) any other person, including any third party as 
                to whom a covered employee has a cause of action 
                relating to the covered illness or death, otherwise 
                entitled to recover damages from an entity or 
                individual specified in subsection (1),
that arise out of the condition for which the payment was made, in any 
proceeding or action including a direct judicial proceeding, a civil 
action, a proceeding in admiralty, or an administrative or judicial 
proceeding under a tort liability statute, the common law, or another 
federal workers' compensation statute.
    (b) This section does not apply to an administrative or judicial 
proceeding under a state workers' compensation statute.
    (c) A claimant who is awarded benefits under this title for an 
illness or other adverse health condition and who has received any 
payment made under a final award or judgment or settlement on a claim, 
including a claim under any state or other federal workers' 
compensation system, because of the same illness or adverse health 
condition, shall receive compensation as specified in this title for 
the illness or adverse health condition, reduced by the amount of any 
such payment, excluding payments for medical expenses under a workers' 
compensation system.

SEC. 210. SUBROGATION.

    Upon making an award under this title, the United States is 
subrogated for the amount of the award to a right or claim that the 
employee to whom the award was made may have against any person on 
account of the same illness or adverse health condition that was the 
cause of the award.

SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this title and these funds shall remain available until 
expended. Authority under this title to make payments is effective in 
any fiscal year only to the extent, or in the amounts, provided in 
advance in an appropriations Act.

         TITLE III--PADUCAH EMPLOYEES EXPOSURE COMPENSATION ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Paducah Employees' Exposure 
Compensation Act''.

SEC. 302. DEFINITIONS.

    For purposes of this title--
            (1) ``Department of Energy'' includes the predecessor 
        agencies of the Department of Energy;
            (2) ``Paducah employee'' means an individual employed at 
        the Paducah, Kentucky, gaseous diffusion plant by--
                    (A) the Department of Energy, or
                    (B) an entity that contracted with the Department 
                of Energy to provide management and operations, 
                management and integration, or environmental 
                remediation at the plant; and
            (3) ``specified disease'' means--
                    (A) leukemia (other than chronic lymphocytic 
                leukemia), provided that the initial exposure occurred 
                after the age of 20 and the onset of the disease was 
                between two and 30 years after the first exposure; and
                    (B) the following diseases, provided onset was at 
                least five years after first exposure:
                            (i) multiple myeloma,
                            (ii) lymphomas (other than Hodgkin's 
                        disease), and
                            (iii) primary cancer of the bone, lung 
                        (provided not a heavy smoker), thyroid 
                        (provided initial exposure occurred by the age 
                        of 20), male or female breast (provided initial 
                        exposure occurred prior to age 40), esophagus 
                        (provided low alcohol consumption and not a 
                        heavy smoker), stomach (provided initial 
                        exposure occurred before age 30), pharynx 
                        (provided not a heavy smoker), small intestine, 
                        pancreas (provided not a heavy smoker), bile 
                        ducts, gall bladder, or liver (except if 
                        cirrhosis or hepatitis B is indicated).

SEC. 303. PADUCAH EMPLOYEES' EXPOSURE COMPENSATION FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States the Paducah Employees' Exposure Compensation Fund 
(referred to in this title as the ``Fund'').
    (b) Purpose.--The amounts in the Fund are available only for 
disbursement by the Attorney General under section 305.
    (c) Termination.--The Fund shall terminate 22 years after the date 
of enactment of this title. If all of the amounts in the Fund have not 
been expended by the end of that 22-year period, amounts remaining in 
the Fund shall be deposited in the miscellaneous receipts account in 
the Treasury.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund such sums as may be necessary to carry out the 
purposes of this title. Amounts appropriated to the Fund remain 
available until expended or until deposited in the Treasury under 
subsection (d).
    (e) Authority.--Authority under this title to enter into contracts 
or to make payments is effective in any fiscal year only to the extent, 
or in the amounts, provided in advance in an appropriations Act.

SEC. 304. ELIGIBLE EMPLOYEES.

    A Paducah employee who--
            (1) was employed at the Paducah, Kentucky, gaseous 
        diffusion plant for at least one year during the period 
        beginning on January 1, 1953, and ending on February 1, 1992;
            (2) during that period--
                    (A) was monitored through the use of dosimetry 
                badges for exposure at the plant of the external parts 
                of the employee's body to radiation from gamma rays, or
                    (B) worked in a job that, as determined by 
                regulation, led to exposure to radioactive 
                contaminants, including plutonium contaminants; and
            (3) submits written medical documentation as to having 
        contracted a specified disease after beginning employment under 
        paragraph (1) and after beginning being monitored or beginning 
        work at a job as specified under paragraph (2),
is authorized to receive $100,000, if the claim for payment is filed 
with the Attorney General by or on behalf of the Paducah employee and 
the Attorney General determines, in accordance with section 305, that 
the claim meets the requirements of this title.

SEC. 305. DETERMINATION AND PAYMENT OF CLAIMS.

    (a) Filing Procedures.--The Attorney General shall establish 
procedures under which an individual may submit a claim for payment 
under this title.
    (b) Determination.--
            (1) In accordance with this subsection, the Attorney 
        General determines whether each claim filed under this title 
        meets the requirements of this title.
            (2) The Attorney General shall--
                    (A) in consultation with the Surgeon General, 
                establish guidelines for determining what constitutes 
                written medical documentation, under section 304(3), 
                that an individual contracted a specified disease; and
                    (B) in consultation with the Secretary of Energy, 
                establish guidelines for making determinations of 
                employment under section 304(1) and exposure under 
                section 304(2).
            (3) The Attorney General may consult with the Surgeon 
        General and the Secretary of Energy in making determinations of 
        eligibility for compensation.
    (c) Payment.--
            (1) The Attorney General is authorized to pay, from amounts 
        available in the Fund, claims filed under this title that the 
        Attorney General determines meet the requirements of this 
        title.
            (2) Upon payment of a claim under this section, the United 
        States is subrogated for the amount of the payment to a right 
        or claim that the individual to whom the payment was made may 
        have against any person on account of a specified disease 
        contracted following employment and exposure as set out in 
        section 304.
            (3)(A) In the case of a Paducah employee who is deceased at 
        the time of payment under this section, the payment may be made 
        only as follows:
                    (i) If the Paducah employee is survived by a spouse 
                who is living at the time of payment, the payment shall 
                be made to the surviving spouse.
                    (ii) If there is no spouse living at the time of 
                payment, the payment shall be made in equal shares to 
                all children of the Paducah employee who are living at 
                the time of payment.
                    (iii) If there are no spouse or children living at 
                the time of payment, the payment shall be made in equal 
                shares to the parents of the Paducah employee who are 
                living at the time of payment.
                    (iv) If there are no spouse, children, or parents 
                living at the time of payment, the payment shall be 
                made in equal shares to all grandchildren of the 
                Paducah employee who are living at the time of payment.
                    (v) If there are no spouse, children, parents or 
                grandchildren living at the time of payment, the 
                payment shall be made in equal shares to the 
                grandparents of the Paducah employee who are living at 
                the time of payment.
            (B) If a Paducah employee eligible for payment under this 
        title dies before filing a claim under this title, a survivor 
        of that employee who may receive payment under subparagraph (A) 
        may file a claim for payment under this title.
            (C) For purposes of this paragraph--
                    (i) the ``spouse'' of a Paducah employee is a wife 
                or husband of that employee who was married to that 
                employee for a least one year immediately before the 
                death of that employee;
                    (ii) a ``child'' includes a natural child, a 
                stepchild in a regular parent-child relationship, and 
                an adopted child;
                    (iii) a ``parent'' includes fathers and mothers 
                through adoption;
                    (iv) a ``grandchild'' of a Paducah employee is a 
                child of a child of that employee; and
                    (v) a ``grandparent'' of a Paducah employee is a 
                parent of a parent of that employee.
    (d) Action on Claim--
            (1) The Attorney General shall complete the determination 
        on each claim filed in accordance with the procedures 
        established under subsection (a) not later than twelve months 
        after the claim is so filed.
            (2) The Attorney General may request from a claimant, or 
        from an individual or entity on behalf of a claimant, 
        additional information or documentation necessary to complete 
        the determination on the claim in accordance with the 
        procedures established under subsection (b). The period of time 
        from the Attorney General's request for additional information 
        or documentation until the time the information or 
        documentation is provided, or the requested party informs the 
        Attorney General the information or documentation cannot or 
        will not be provided, is not counted toward the twelve month 
        time-limit established under this subsection.
    (e) Payment in Full Settlement of Claims Against the United States, 
Contractors, and Subcontractors.--(1) If an individual elects to accept 
payment under this title, that acceptance of payment shall be in full 
settlement of all claims--
            (A) against--
                    (i) the United States;
                    (ii) the Department of Energy;
                    (iii) a contractor that contracted with the 
                Department of Energy to provide management and 
                operation, management and integration, or environmental 
                remediation at the Paducah facility;
                    (iv) a subcontractor that provided services, 
                including construction, at the Paducah facility; and
                    (v) an employee, agent, or assign of an entity or 
                individual specified in clauses (i)-(iv);
            (B) by--
                    (i) that individual;
                    (ii) that individual's legal representative, 
                spouse, dependents, survivors, and next of kin; and
                    (iii) any other person, including any third party 
                as to whom a covered employee has a cause of action 
                relating to the covered illness or death, otherwise 
                entitled to recover damages from an entity or 
                individual specified in subparagraph (A),
that arise out of the illness for which the payment was made, in any 
proceeding or action including a direct judicial proceeding, a civil 
action, a proceeding in admiralty, or an administrative or judicial 
proceeding under a tort statute, the common law, or another Federal 
workers' compensation statute.
    (2) This section shall not apply to an administrative or judicial 
proceeding under a state workers' compensation statute.
    (3) A claimant who is awarded benefits under this title for a 
specified illness and who has received any payment made under a final 
award or judgment or settlement on a claim, including a claim under any 
state or other Federal workers' compensation system, because of the 
same specified illness shall receive compensation as specified in this 
title for the specified illness, reduced by the amount of any such 
payment, excluding payments for medical expenses under a workers' 
compensation system.
    (4) An individual may receive no more than one payment under this 
title. An individual may not receive compensation under this title and 
under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note), or 
under the Radiation-Exposed Veterans Compensation Act (38 U.S.C. 
112(c)).
    (f) Costs of Administering the Adjudications.--
            (1) Costs incurred by the Attorney General in carrying out 
        this section shall not be paid from the Fund or set off 
        against, or otherwise deducted from, a payment under this 
        section to an individual.
            (2) The Department of Energy shall reimburse the Department 
        of Justice for the costs incurred by the Department of Justice 
        in connection with establishing and administering the program 
        established by this title until the duties of the Attorney 
        General terminate under subsection (g).
    (g) Termination of Attorney General Duties.--The duties of the 
Attorney General under this section cease when the Fund terminates.
    (h) Payments Under Other Laws.--An amount paid to an individual 
under this section--
            (1) 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 section 3701 et 
        seq. of title 31, United States Code.
    (i) Regulatory Authority.--The Attorney General may issue 
regulations to carry out this title.
    (j) Issuance of Regulations, Guidelines, and Procedures.--
Regulations, guidelines, and procedures to carry out this title shall 
be issued not later than 270 days after the date of enactment of this 
title.
    (k) Administrative Appeals Procedure and Judicial Review.--
            (1) A decision denying a claim under this title may be 
        appealed to an Appeals Officer designated by the Attorney 
        General. Before seeking judicial review of a decision denying a 
        claim under this title, an individual first must seek review by 
        the designated Appeals Officer.
            (2) If the designated Appeals Officer affirms the decision 
        denying a claim, the individual whose denial of claim was 
        affirmed on appeal may seek judicial review in a district court 
        of the United States. The court shall review the denial of 
        claim based solely on the administrative record and shall set 
        aside the denial only if it is arbitrary, capricious, an abuse 
        of discretion, or otherwise not in accordance with law.

SEC. 306. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.

    Claims.--A claim cognizable under this title is not assignable or 
transferable.

SEC. 307. LIMITATIONS ON CLAIMS.

    A claim to which this title applies is barred unless the claim is 
filed within 20 years after the date of the enactment of this title.

SEC. 308. ATTORNEY FEES.

    Notwithstanding any contract, the representative of an individual 
may not receive, of services rendered in connection with the claim of 
an individual under this title, more than 10 per centum of a payment 
made under this title on the claim. A representative who violates this 
section shall be fined not more than $5,000.

SEC. 309. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.

    A payment made under this title shall not be considered as any form 
of compensation or reimbursement for a loss for purposes of imposing 
liability on the individual receiving the payment, on the basis of this 
receipt, to repay any insurance carrier for insurance payments. A 
payment under this title does not affect any claim against an insurance 
carrier with respect to insurance.
                                 <all>
Energy Employees' Compensation Act

Sponsors

Subjects

Summary

Full Text

Legislative Actions

Ask about this bill
