Authorizing legislation - PL 106

114 STAT. 1654A–494

PUBLIC LAW 106–398—APPENDIX

report its findings and conclusions, together with any recommendations it finds appropriate, to the Congress within 9 months after
the date of the enactment of this Act.
(b) REQUIRED AREAS OF STUDY.—The Secretary shall include
the following items in the report required by subsection (a):
(1) The approximate dollar values appropriated by the Congress for each of the 5 fiscal years ending before the study
is commenced for each of the following modes of transportation:
(A) Highway.
(B) Rail.
(C) Aviation.
(D) Public transit.
(E) Maritime.
(2) A description of how Federal funds appropriated for
research in the different transportation modes are utilized.
(3) A summary and description of current research and
technology development funds appropriated for each of those
fiscal years for maritime research initiatives, with separate
categories for funds provided to the Coast Guard for marine
safety research purposes.
(4) A description of cooperative mechanisms that could
be used to attract and leverage non-federal investments in
United States maritime research and technology development
and application programs, including the potential for the creation of maritime transportation research centers and the benefits of cooperating with existing surface transportation research
centers.
(5) Proposals for research and technology development
funding to facilitate the evolution of Maritime Transportation
System.
(c) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts
authorized to be appropriated under section 3401 for operations
and training, $100,000 is authorized to carry out this section.
SEC. 3506. REPORTING OF ADMINISTERED AND OVERSIGHT FUNDS.

The Maritime Administration, in its annual report to the Congress under section 208 of the Merchant Marine Act, 1936 (46
U.S.C. App. 1118), and in its annual budget estimate submitted
to the Congress, shall state separately the amount, source, intended
use, and nature of any funds (other than funds appropriated to
the Administration or to the Secretary of Transportation for use
by the Administration) administered, or subject to oversight, by
the Administration.

TITLE XXXVI—ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM
Sec. 3601. Short title.
Sec. 3602. Findings; sense of Congress.
SUBTITLE A—ESTABLISHMENT

COMPENSATION PROGRAM AND COMPENSATION
FUND
Sec. 3611. Establishment of Energy Employees Occupational Illness Compensation
Program.
Sec. 3612. Establishment of Energy Employees Occupational Illness Compensation
Fund.

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PUBLIC LAW 106–398—APPENDIX

114 STAT. 1654A–495

Sec. 3613. Legislative proposal.
Sec. 3614. Authorization of appropriations.
SUBTITLE B—PROGRAM ADMINISTRATION
Sec. 3621. Definitions for program administration.
Sec. 3622. Expansion of list of beryllium vendors.
Sec. 3623. Exposure in the performance of duty.
Sec. 3624. Advisory Board on Radiation and Worker Health.
Sec. 3625. Responsibilities of Secretary of Health and Human Services.
Sec. 3626. Designation of additional members of Special Exposure Cohort.
Sec. 3627. Separate treatment of chronic silicosis.
Sec. 3628. Compensation and benefits to be provided.
Sec. 3629. Medical benefits.
Sec. 3630. Separate treatment of certain uranium employees.
Sec. 3631. Assistance for claimants and potential claimants.
SUBTITLE C—TREATMENT, COORDINATION, AND FORFEITURE OF COMPENSATION AND
BENEFITS
Sec. 3641. Offset for certain payments.
Sec. 3642. Subrogation of the United States.
Sec. 3643. Payment in full settlement of claims.
Sec. 3644. Exclusivity of remedy against the United States and against contractors
and subcontractors.
Sec. 3645. Election of remedy for beryllium employees and atomic weapons employees.
Sec. 3646. Certification of treatment of payments under other laws.
Sec. 3647. Claims not assignable or transferable; choice of remedies.
Sec. 3648. Attorney fees.
Sec. 3649. Certain claims not affected by awards of damages.
Sec. 3650. Forfeiture of benefits by convicted felons.
Sec. 3651. Coordination with other Federal radiation compensation laws.
SUBTITLE D—ASSISTANCE IN STATE WORKERS’ COMPENSATION PROCEEDINGS
Sec. 3661. Agreements with States.
SEC. 3601. SHORT TITLE.

This title may be cited as the ‘‘Energy Employees Occupational
Illness Compensation Program Act of 2000’’.
SEC. 3602. FINDINGS; SENSE OF CONGRESS.

(a) FINDINGS.—The Congress finds the following:
(1) Since World War II, Federal nuclear activities have
been explicitly recognized under Federal law as activities that
are ultra-hazardous. Nuclear weapons production and testing
have involved unique dangers, including potential catastrophic
nuclear accidents that private insurance carriers have not covered and recurring exposures to radioactive substances and
beryllium that, even in small amounts, can cause medical harm.
(2) Since the inception of the nuclear weapons program
and for several decades afterwards, a large number of nuclear
weapons workers at sites of the Department of Energy and
at sites of vendors who supplied the Cold War effort were
put at risk without their knowledge and consent for reasons
that, documents reveal, were driven by fears of adverse publicity, liability, and employee demands for hazardous duty pay.
(3) Many previously secret records have documented
unmonitored exposures to radiation and beryllium and continuing problems at these sites across the Nation, at which the
Department of Energy and its predecessor agencies have been,
since World War II, self-regulating with respect to nuclear
safety and occupational safety and health. No other hazardous
Federal activity has been permitted to be carried out under
such sweeping powers of self-regulation.
(4) The policy of the Department of Energy has been to
litigate occupational illness claims, which has deterred workers

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114 STAT. 1654A–496

PUBLIC LAW 106–398—APPENDIX

from filing workers’ compensation claims and has imposed
major financial burdens for such employees who have sought
compensation. Contractors of the Department have been held
harmless and the employees have been denied workers’ compensation coverage for occupational disease.
(5) Over the past 20 years, more than two dozen scientific
findings have emerged that indicate that certain of such
employees are experiencing increased risks of dying from cancer
and non-malignant diseases. Several of these studies have also
established a correlation between excess diseases and exposure
to radiation and beryllium.
(6) While linking exposure to occupational hazards with
the development of occupational disease is sometimes difficult,
scientific evidence supports the conclusion that occupational
exposure to dust particles or vapor of beryllium can cause
beryllium sensitivity and chronic beryllium disease. Furthermore, studies indicate than 98 percent of radiation-induced
cancers within the nuclear weapons complex have occurred
at dose levels below existing maximum safe thresholds.
(7) Existing information indicates that State workers’ compensation programs do not provide a uniform means of ensuring
adequate compensation for the types of occupational illnesses
and diseases that relate to the employees at those sites.
(8) To ensure fairness and equity, the civilian men and
women who, over the past 50 years, have performed duties
uniquely related to the nuclear weapons production and testing
programs of the Department of Energy and its predecessor
agencies should have efficient, uniform, and adequate compensation for beryllium-related health conditions and radiationrelated health conditions.
(9) On April 12, 2000, the Secretary of Energy announced
that the Administration intended to seek compensation for
individuals with a broad range of work-related illnesses
throughout the Department of Energy’s nuclear weapons complex.
(10) However, as of October 2, 2000, the Administration
has failed to provide Congress with the necessary legislative
and budget proposals to enact the promised compensation program.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) a program should be established to provide compensation to covered employees;
(2) a fund for payment of such compensation should be
established on the books of the Treasury;
(3) payments from that fund should be made only after—
(A) the identification of employees of the Department
of Energy (including its predecessor agencies), and of contractors of the Department, who may be members of the
group of covered employees;
(B) the establishment of a process to receive and
administer claims for compensation for disability or death
of covered employees;
(C) the submittal by the President of a legislative
proposal for compensation of such employees that includes
the estimated annual budget resources for that compensation; and

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PUBLIC LAW 106–398—APPENDIX

114 STAT. 1654A–497

(D) consideration by the Congress of the legislative
proposal submitted by the President; and
(4) payments from that fund should commence not later
than fiscal year 2002.

Subtitle A—Establishment of Compensation Program and Compensation Fund
SEC. 3611. ESTABLISHMENT OF ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM.

(a) PROGRAM ESTABLISHED.—There is hereby established a program to be known as the ‘‘Energy Employees Occupational Illness
Compensation Program’’ (in this title referred to as the ‘‘compensation program’’). The President shall carry out the compensation
program through one or more Federal agencies or officials, as designated by the President.
(b) PURPOSE OF PROGRAM.—The purpose of the compensation
program is to provide for timely, uniform, and adequate compensation of covered employees and, where applicable, survivors of such
employees, suffering from illnesses incurred by such employees
in the performance of duty for the Department of Energy and
certain of its contractors and subcontractors.
(c) ELIGIBILITY FOR COMPENSATION.—The eligibility of covered
employees for compensation under the compensation program shall
be determined in accordance with the provisions of subtitle B as
may be modified by a law enacted after the date of the submittal
of the proposal for legislation required by section 3613.
SEC. 3612. ESTABLISHMENT OF ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION FUND.

(a) ESTABLISHMENT.—There is hereby established on the books
of the Treasury a fund to be known as the ‘‘Energy Employees
Occupational Illness Compensation Fund’’ (in this title referred
to as the ‘‘compensation fund’’).
(b) AMOUNTS IN COMPENSATION FUND.—The compensation fund
shall consist of the following amounts:
(1) Amounts appropriated to the compensation fund pursuant to the authorization of appropriations in section 3614(b).
(2) Amounts transferred to the compensation fund under
subsection (c).
(c) FINANCING OF COMPENSATION FUND.—Upon the exhaustion
of amounts in the compensation fund attributable to the authorization of appropriations in section 3614(b), the Secretary of the Treasury shall transfer directly to the compensation fund from the General Fund of the Treasury, without further appropriation, such
amounts as are further necessary to carry out the compensation
program.
(d) USE OF COMPENSATION FUND.—Subject to subsection (e),
amounts in the compensation fund shall be used to carry out
the compensation program.
(e) ADMINISTRATIVE COSTS NOT PAID FROM COMPENSATION
FUND.—No cost incurred in carrying out the compensation program,
or in administering the compensation fund, shall be paid from
the compensation fund or set off against or otherwise deducted
from any payment to any individual under the compensation program.

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114 STAT. 1654A–498

PUBLIC LAW 106–398—APPENDIX

(f ) INVESTMENT OF AMOUNTS IN COMPENSATION FUND.—
Amounts in the compensation fund shall be invested in accordance
with section 9702 of title 31, United States Code, and any interest
on, and proceeds from, any such investment shall be credited to
and become a part of the compensation fund.
SEC. 3613. LEGISLATIVE PROPOSAL.

(a) LEGISLATIVE PROPOSAL REQUIRED.—Not later than March
15, 2001, the President shall submit to Congress a proposal for
legislation to implement the compensation program. The proposal
for legislation shall include, at a minimum, the specific recommendations (including draft legislation) of the President for the
following:
(1) The types of compensation and benefits, including lost
wages, medical benefits, and any lump-sum settlement payments, to be provided under the compensation program.
(2) Any adjustments or modifications necessary to appropriately administer the compensation program under subtitle
B.
(3) Whether to expand the compensation program to include
other illnesses associated with exposure to toxic substances.
(4) Whether to expand the class of individuals who are
members of the Special Exposure Cohort (as defined in section
3621(14)).
(b) ASSESSMENT OF POTENTIAL COVERED EMPLOYEES AND
REQUIRED AMOUNTS.—The President shall include with the proposal
for legislation under subsection (a) the following:
(1) An estimate of the number of covered employees that
the President determines were exposed in the performance
of duty.
(2) An estimate, for each fiscal year of the compensation
program, of the amounts to be required for compensation and
benefits anticipated to be provided in such fiscal year under
the compensation program.
SEC. 3614. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—Pursuant to the authorization of appropriations in section 3103(a), $25,000,000 may be used for purposes
of carrying out this title.
(b) COMPENSATION FUND.—There is hereby authorized to be
appropriated $250,000,000 to the Energy Employees Occupational
Illness Compensation Fund established by section 3612.

Subtitle B—Program Administration
SEC. 3621. DEFINITIONS FOR PROGRAM ADMINISTRATION.

In this title:
(1) The term ‘‘covered employee’’ means any of the following:
(A) A covered beryllium employee.
(B) A covered employee with cancer.
(C) To the extent provided in section 3627, a covered
employee with chronic silicosis (as defined in that section).
(2) The term ‘‘atomic weapon’’ has the meaning given that
term in section 11 d. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(d)).

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PUBLIC LAW 106–398—APPENDIX

114 STAT. 1654A–499

(3) The term ‘‘atomic weapons employee’’ means an individual employed by an atomic weapons employer during a period
when the employer was processing or producing, for the use
by the United States, material that emitted radiation and was
used in the production of an atomic weapon, excluding uranium
mining and milling.
(4) The term ‘‘atomic weapons employer’’ means an entity,
other than the United States, that—
(A) processed or produced, for use by the United States,
material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and
milling; and
(B) is designated by the Secretary of Energy as an
atomic weapons employer for purposes of the compensation
program.
(5) The term ‘‘atomic weapons employer facility’’ means
a facility, owned by an atomic weapons employer, that is or
was used to process or produce, for use by the United States,
material that emitted radiation and was used in the production
of an atomic weapon, excluding uranium mining or milling.
(6) The term ‘‘beryllium vendor’’ means any of the following:
(A) Atomics International.
(B) Brush Wellman, Incorporated, and its predecessor,
Brush Beryllium Company.
(C) General Atomics.
(D) General Electric Company.
(E) NGK Metals Corporation and its predecessors,
Kawecki-Berylco, Cabot Corporation, BerylCo, and Beryllium Corporation of America.
(F) Nuclear Materials and Equipment Corporation.
(G) StarMet Corporation and its predecessor, Nuclear
Metals, Incorporated.
(H) Wyman Gordan, Incorporated.
(I) Any other vendor, processor, or producer of beryllium or related products designated as a beryllium vendor
for purposes of the compensation program under section
3622.
(7) The term ‘‘covered beryllium employee’’ means the following, if and only if the employee is determined to have
been exposed to beryllium in the performance of duty in accordance with section 3623(a):
(A) A current or former employee (as that term is
defined in section 8101(1) of title 5, United States Code)
who may have been exposed to beryllium at a Department
of Energy facility or at a facility owned, operated, or occupied by a beryllium vendor.
(B) A current or former employee of—
(i) any entity that contracted with the Department
of Energy to provide management and operation,
management and integration, or environmental
remediation of a Department of Energy facility; or
(ii) any contractor or subcontractor that provided
services, including construction and maintenance, at
such a facility.
(C) A current or former employee of a beryllium vendor,
or of a contractor or subcontractor of a beryllium vendor,
during a period when the vendor was engaged in activities

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114 STAT. 1654A–500

PUBLIC LAW 106–398—APPENDIX

related to the production or processing of beryllium for
sale to, or use by, the Department of Energy.
(8) The term ‘‘covered beryllium illness’’ means any of
the following:
(A) Beryllium sensitivity as established by an abnormal
beryllium lymphocyte proliferation test performed on either
blood or lung lavage cells.
(B) Established chronic beryllium disease.
(C) Any injury, illness, impairment, or disability sustained as a consequence of a covered beryllium illness
referred to in subparagraph (A) or (B).
(9) The term ‘‘covered employee with cancer’’ means any
of the following:
(A) An individual with a specified cancer who is a
member of the Special Exposure Cohort, if and only if
that individual contracted that specified cancer after beginning employment at a Department of Energy facility (in
the case of a Department of Energy employee or Department of Energy contractor employee) or at an atomic weapons employer facility (in the case of an atomic weapons
employee).
(B)(i) An individual with cancer specified in subclause
(I), (II), or (III) of clause (ii), if and only if that individual
is determined to have sustained that cancer in the performance of duty in accordance with section 3623(b).
(ii) Clause (i) applies to any of the following:
(I) A Department of Energy employee who contracted that cancer after beginning employment at a
Department of Energy facility.
(II) A Department of Energy contractor employee
who contracted that cancer after beginning employment at a Department of Energy facility.
(III) An atomic weapons employee who contracted
that cancer after beginning employment at an atomic
weapons employer facility.
(10) The term ‘‘Department of Energy’’ includes the predecessor agencies of the Department of Energy, including the
Manhattan Engineering District.
(11) The term ‘‘Department of Energy contractor employee’’
means any of the following:
(A) An individual who is or was in residence at a
Department of Energy facility as a researcher for one or
more periods aggregating at least 24 months.
(B) An individual who is or was employed at a Department of Energy facility by—
(i) an entity that contracted with the Department
of Energy to provide management and operating,
management and integration, or environmental
remediation at the facility; or
(ii) a contractor or subcontractor that provided
services, including construction and maintenance, at
the facility.
(12) The term ‘‘Department of Energy facility’’ means any
building, structure, or premise, including the grounds upon
which such building, structure, or premise is located—
(A) in which operations are, or have been, conducted
by, or on behalf of, the Department of Energy (except

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PUBLIC LAW 106–398—APPENDIX

114 STAT. 1654A–501

for buildings, structures, premises, grounds, or operations
covered by Executive Order No. 12344, dated February
1, 1982 (42 U.S.C. 7158 note), pertaining to the Naval
Nuclear Propulsion Program); and
(B) with regard to which the Department of Energy
has or had—
(i) a proprietary interest; or
(ii) entered into a contract with an entity to provide
management and operation, management and integration, environmental remediation services, construction,
or maintenance services.
(13) The term ‘‘established chronic beryllium disease’’
means chronic beryllium disease as established by the following:
(A) For diagnoses on or after January 1, 1993, beryllium sensitivity (as established in accordance with paragraph (8)(A)), together with lung pathology consistent with
chronic beryllium disease, including—
(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.
(B) For diagnoses before January 1, 1993, the presence
of—
(i) occupational or environmental history, or epidemiologic evidence of beryllium exposure; and
(ii) any three of the following criteria:
(I) Characteristic chest radiographic (or computed tomography (CT)) abnormalities.
(II) Restrictive or obstructive lung physiology
testing or diffusing lung capacity defect.
(III) Lung pathology consistent with chronic
beryllium disease.
(IV) Clinical course consistent with a chronic
respiratory disorder.
(V) Immunologic tests showing beryllium sensitivity (skin patch test or beryllium blood test
preferred).
(14) The term ‘‘member of the Special Exposure Cohort’’
means a Department of Energy employee, Department of
Energy contractor employee, or atomic weapons employee who
meets any of the following requirements:
(A) The employee was so employed for a number of
work days aggregating at least 250 work days before February 1, 1992, at a gaseous diffusion plant located in Paducah, Kentucky, Portsmouth, Ohio, or Oak Ridge, Tennessee,
and, during such employment—
(i) was monitored through the use of dosimetry
badges for exposure at the plant of the external parts
of employee’s body to radiation; or
(ii) worked in a job that had exposures comparable
to a job that is or was monitored through the use
of dosimetry badges.

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PUBLIC LAW 106–398—APPENDIX

(B) The employee was so employed before January
1, 1974, by the Department of Energy or a Department
of Energy contractor or subcontractor on Amchitka Island,
Alaska, and was exposed to ionizing radiation in the
performance of duty related to the Long Shot, Milrow,
or Cannikin underground nuclear tests.
(C)(i) Subject to clause (ii), the employee is an individual designated as a member of the Special Exposure Cohort
by the President for purposes of the compensation program
under section 3626.
(ii) A designation under clause (i) shall, unless Congress otherwise provides, take effect on the date that is
180 days after the date on which the President submits
to Congress a report identifying the individuals covered
by the designation and describing the criteria used in designating those individuals.
(15) The term ‘‘occupational illness’’ means a covered beryllium illness, cancer referred to in section 3621(9)(B), specified
cancer, or chronic silicosis, as the case may be.
(16) The term ‘‘radiation’’ means ionizing radiation in the
form of—
(A) alpha particles;
(B) beta particles;
(C) neutrons;
(D) gamma rays; or
(E) accelerated ions or subatomic particles from accelerator machines.
(17) The term ‘‘specified cancer’’ means any of the following:
(A) A specified disease, as that term is defined in
section 4(b)(2) of the Radiation Exposure Compensation
Act (42 U.S.C. 2210 note).
(B) Bone cancer.
(18) The term ‘‘survivor’’ means any individual or individuals eligible to receive compensation pursuant to section 8133
of title 5, United States Code.
SEC. 3622. EXPANSION OF LIST OF BERYLLIUM VENDORS.

Not later than December 31, 2002, the President may, in consultation with the Secretary of Energy, designate as a beryllium
vendor for purposes of section 3621(6) any vendor, processor, or
producer of beryllium or related products not previously listed under
or designated for purposes of such section 3621(6) if the President
finds that such vendor, processor, or producer has been engaged
in activities related to the production or processing of beryllium
for sale to, or use by, the Department of Energy in a manner
similar to the entities listed in such section 3621(6).
SEC. 3623. EXPOSURE IN THE PERFORMANCE OF DUTY.

(a) BERYLLIUM.—A covered beryllium employee shall, in the
absence of substantial evidence to the contrary, be determined
to have been exposed to beryllium in the performance of duty
for the purposes of the compensation program if, and only if, the
covered beryllium employee was—
(1) employed at a Department of Energy facility; or
(2) present at a Department of Energy facility, or a facility
owned and operated by a beryllium vendor, because of employment by the United States, a beryllium vendor, or a contractor
or subcontractor of the Department of Energy,

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PUBLIC LAW 106–398—APPENDIX

114 STAT. 1654A–503

during a period when beryllium dust, particles, or vapor may have
been present at such facility.
(b) CANCER.—An individual with cancer specified in subclause
(I), (II), or (III) of section 3621(9)(B)(ii) shall be determined to
have sustained that cancer in the performance of duty for purposes
of the compensation program if, and only if, the cancer specified
in that subclause was at least as likely as not related to employment
at the facility specified in that subclause, as determined in accordance with the guidelines established under subsection (c).
(c) GUIDELINES.—(1) For purposes of the compensation program,
the President shall by regulation establish guidelines for making
the determinations required by subsection (b).
(2) The President shall establish such guidelines after technical
review by the Advisory Board on Radiation and Worker Health
under section 3624.
(3) Such guidelines shall—
(A) be based on the radiation dose received by the employee
(or a group of employees performing similar work) at such
facility and the upper 99 percent confidence interval of the
probability of causation in the radioepidemiological tables published under section 7(b) of the Orphan Drug Act (42 U.S.C.
241 note), as such tables may be updated under section 7(b)(3)
of such Act from time to time;
(B) incorporate the methods established under subsection
(d); and
(C) take into consideration the type of cancer, past healthrelated activities (such as smoking), information on the risk
of developing a radiation-related cancer from workplace exposure, and other relevant factors.
(d) METHODS FOR RADIATION DOSE RECONSTRUCTIONS.—(1) The
President shall, through any Federal agency (other than the Department of Energy) or official (other than the Secretary of Energy
or any other official within the Department of Energy) that the
President may designate, establish by regulation methods for arriving at reasonable estimates of the radiation doses received by
an individual specified in subparagraph (B) of section 3621(9) at
a facility specified in that subparagraph by each of the following
employees:
(A) An employee who was not monitored for exposure to
radiation at such facility.
(B) An employee who was monitored inadequately for exposure to radiation at such facility.
(C) An employee whose records of exposure to radiation
at such facility are missing or incomplete.
(2) The President shall establish an independent review process
using the Advisory Board on Radiation and Worker Health to—
(A) assess the methods established under paragraph (1);
and
(B) verify a reasonable sample of the doses established
under paragraph (1).
(e) INFORMATION ON RADIATION DOSES.—(1) The Secretary of
Energy shall provide, to each covered employee with cancer specified
in section 3621(9)(B), information specifying the estimated radiation
dose of that employee during each employment specified in section
3621(9)(B), whether established by a dosimetry reading, by a
method established under subsection (d), or by both a dosimetry
reading and such method.

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114 STAT. 1654A–504

PUBLIC LAW 106–398—APPENDIX

(2) The Secretary of Health and Human Services and the Secretary of Energy shall each make available to researchers and
the general public information on the assumptions, methodology,
and data used in establishing radiation doses under subsection
(d). The actions taken under this paragraph shall be consistent
with the protection of private medical records.
SEC. 3624. ADVISORY BOARD ON RADIATION AND WORKER HEALTH.

(a) ESTABLISHMENT.—(1) Not later than 120 days after the
date of the enactment of this Act, the President shall establish
and appoint an Advisory Board on Radiation and Worker Health
(in this section referred to as the ‘‘Board’’).
(2) The President shall make appointments to the Board in
consultation with organizations with expertise on worker health
issues in order to ensure that the membership of the Board reflects
a balance of scientific, medical, and worker perspectives.
(3) The President shall designate a Chair for the Board from
among its members.
(b) DUTIES.—The Board shall advise the President on—
(1) the development of guidelines under section 3623(c);
(2) the scientific validity and quality of dose estimation
and reconstruction efforts being performed for purposes of the
compensation program; and
(3) such other matters related to radiation and worker
health in Department of Energy facilities as the President
considers appropriate.
(c) STAFF.—(1) The President shall appoint a staff to facilitate
the work of the Board. The staff shall be headed by a Director
who shall be appointed under subchapter VIII of chapter 33 of
title 5, United States Code.
(2) The President may accept as staff of the Board personnel
on detail from other Federal agencies. The detail of personnel
under this paragraph may be on a nonreimbursable basis.
(d) EXPENSES.—Members of the Board, other than full-time
employees of the United States, while attending meetings of the
Board or while otherwise serving at the request of the President,
while serving away from their homes or regular places of business,
shall be allowed travel and meal expenses, including per diem
in lieu of subsistence, as authorized by section 5703 of title 5,
United States Code, for individuals in the Government serving
without pay.
SEC. 3625. RESPONSIBILITIES OF SECRETARY OF HEALTH AND HUMAN
SERVICES.

The Secretary of Health and Human Services shall carry out
that Secretary’s responsibilities with respect to the compensation
program with the assistance of the Director of the National Institute
for Occupational Safety and Health.
SEC. 3626. DESIGNATION OF ADDITIONAL MEMBERS OF SPECIAL EXPOSURE COHORT.

(a) ADVICE ON ADDITIONAL MEMBERS.—(1) The Advisory Board
on Radiation and Worker Health under section 3624 shall advise
the President whether there is a class of employees at any Department of Energy facility who likely were exposed to radiation at
that facility but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received.

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114 STAT. 1654A–505

(2) The advice of the Advisory Board on Radiation and Worker
Health under paragraph (1) shall be based on exposure assessments
by radiation health professionals, information provided by the
Department of Energy, and such other information as the Advisory
Board considers appropriate.
(3) The President shall request advice under paragraph (1)
after consideration of petitions by classes of employees described
in that paragraph for such advice. The President shall consider
such petitions pursuant to procedures established by the President.
(b) DESIGNATION OF ADDITIONAL MEMBERS.—Subject to the
provisions of section 3621(14)(C), the members of a class of employees at a Department of Energy facility may be treated as members
of the Special Exposure Cohort for purposes of the compensation
program if the President, upon recommendation of the Advisory
Board on Radiation and Worker Health, determines that—
(1) it is not feasible to estimate with sufficient accuracy
the radiation dose that the class received; and
(2) there is a reasonable likelihood that such radiation
dose may have endangered the health of members of the class.
(c) ACCESS TO INFORMATION.—The Secretary of Energy shall
provide, in accordance with law, the Secretary of Health and Human
Services and the members and staff of the Advisory Board on
Radiation and Worker Health access to relevant information on
worker exposures, including access to Restricted Data (as defined
in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C.
2014(y)).
SEC. 3627. SEPARATE TREATMENT OF CHRONIC SILICOSIS.

(a) SENSE OF CONGRESS.—Congress finds that employees who
worked in Department of Energy test sites and later contracted
chronic silicosis should also be considered for inclusion in the compensation program. Recognizing that chronic silicosis resulting from
exposure to silica is not a condition unique to the nuclear weapons
industry, it is not the intent of Congress with this title to establish
a precedent on the question of chronic silicosis as a compensable
occupational disease. Consequently, it is the sense of Congress
that a further determination by the President is appropriate before
these workers are included in the compensation program.
(b) CERTIFICATION BY PRESIDENT.—A covered employee with
chronic silicosis shall be treated as a covered employee (as defined
in section 3621(1)) for the purposes of the compensation program
required by section 3611 unless the President submits to Congress
not later than 180 days after the date of the enactment of this
Act the certification of the President that there is insufficient basis
to include such employees. The President shall submit with the
certification any recommendations about the compensation program
with respect to covered employees with chronic silicosis as the
President considers appropriate.
(c) EXPOSURE TO SILICA IN THE PERFORMANCE OF DUTY.—A
covered employee shall, in the absence of substantial evidence to
the contrary, be determined to have been exposed to silica in the
performance of duty for the purposes of the compensation program
if, and only if, the employee was present for a number of work
days aggregating at least 250 work days during the mining of
tunnels at a Department of Energy facility located in Nevada or
Alaska for tests or experiments related to an atomic weapon.

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PUBLIC LAW 106–398—APPENDIX

(d) COVERED EMPLOYEE WITH CHRONIC SILICOSIS.—For purposes of this title, the term ‘‘covered employee with chronic silicosis’’
means a Department of Energy employee, or a Department of
Energy contractor employee, with chronic silicosis who was exposed
to silica in the performance of duty as determined under subsection
(c).
(e) CHRONIC SILICOSIS.—For purposes of this title, the term
‘‘chronic silicosis’’ means a nonmalignant lung disease if—
(1) the initial occupational exposure to silica dust preceded
the onset of silicosis by at least 10 years; and
(2) a written diagnosis of silicosis is made by a medical
doctor and is accompanied by—
(A) a chest radiograph, interpreted by an individual
certified by the National Institute for Occupational Safety
and Health as a B reader, classifying the existence of
pneumoconioses of category 1/1 or higher;
(B) results from a computer assisted tomograph or
other imaging technique that are consistent with silicosis;
or
(C) lung biopsy findings consistent with silicosis.
SEC. 3628. COMPENSATION AND BENEFITS TO BE PROVIDED.

(a) COMPENSATION PROVIDED.—(1) Except as provided in paragraph (2), a covered employee, or the survivor of that covered
employee if the employee is deceased, shall receive compensation
for the disability or death of that employee from that employee’s
occupational illness in the amount of $150,000.
(2) A covered employee shall, to the extent that employee’s
occupational illness is established beryllium sensitivity, receive
beryllium sensitivity monitoring under subsection (c) in lieu of
compensation under paragraph (1).
(b) MEDICAL BENEFITS.—A covered employee shall receive medical benefits under section 3629 for that employee’s occupational
illness.
(c) BERYLLIUM SENSITIVITY MONITORING.—An individual receiving beryllium sensitivity monitoring under this subsection shall
receive the following:
(1) A thorough medical examination to confirm the nature
and extent of the individual’s established beryllium sensitivity.
(2) Regular medical examinations thereafter to determine
whether that individual has developed established chronic
beryllium disease.
(d) PAYMENT FROM COMPENSATION FUND.—The compensation
provided under this section, when authorized or approved by the
President, shall be paid from the compensation fund established
under section 3612.
(e) SURVIVORS.—(1) Subject to the provisions of this section,
if a covered employee dies before the effective date specified in
subsection (f ), whether or not the death is a result of that employee’s occupational illness, a survivor of that employee may, on behalf
of that survivor and any other survivors of that employee, receive
the compensation provided for under this section.
(2) The right to receive compensation under this section shall
be afforded to survivors in the same order of precedence as that
set forth in section 8109 of title 5, United States Code.

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114 STAT. 1654A–507

(f ) EFFECTIVE DATE.—This section shall take effect on July
31, 2001, unless Congress otherwise provides in an Act enacted
before that date.
SEC. 3629. MEDICAL BENEFITS.

(a) MEDICAL BENEFITS PROVIDED.—The United States shall
furnish, to an individual receiving medical benefits under this section for an illness, the services, appliances, and supplies prescribed
or recommended by a qualified physician for that illness, which
the President considers likely to cure, give relief, or reduce the
degree or the period of that illness.
(b) PERSONS FURNISHING BENEFITS.—(1) These services, appliances, and supplies shall be furnished by or on the order of United
States medical officers and hospitals, or, at the individual’s option,
by or on the order of physicians and hospitals designated or
approved by the President.
(2) The individual may initially select a physician to provide
medical services, appliances, and supplies under this section in
accordance with such regulations and instructions as the President
considers necessary.
(c) TRANSPORTATION AND EXPENSES.—The individual may be
furnished necessary and reasonable transportation and expenses
incident to the securing of such services, appliances, and supplies.
(d) COMMENCEMENT OF BENEFITS.—An individual receiving
benefits under this section shall be furnished those benefits as
of the date on which that individual submitted the claim for those
benefits in accordance with this title.
(e) PAYMENT FROM COMPENSATION FUND.—The benefits provided under this section, when authorized or approved by the President, shall be paid from the compensation fund established under
section 3612.
(f ) EFFECTIVE DATE.—This section shall take effect on July
31, 2001, unless Congress otherwise provides in an Act enacted
before that date.
SEC. 3630. SEPARATE TREATMENT OF CERTAIN URANIUM EMPLOYEES.

(a) COMPENSATION PROVIDED.—An individual who receives, or
has received, $100,000 under section 5 of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) for a claim made under
that Act (hereafter in this section referred to as a ‘‘covered uranium
employee’’), or the survivor of that covered uranium employee if
the employee is deceased, shall receive compensation under this
section in the amount of $50,000.
(b) MEDICAL BENEFITS.—A covered uranium employee shall
receive medical benefits under section 3629 for the illness for which
that employee received $100,000 under section 5 of that Act.
(c) COORDINATION WITH RECA.—The compensation and benefits provided in subsections (a) and (b) are separate from any
compensation or benefits provided under that Act.
(d) PAYMENT FROM COMPENSATION FUND.—The compensation
provided under this section, when authorized or approved by the
President, shall be paid from the compensation fund established
under section 3612.
(e) SURVIVORS.—(1) Subject to the provisions of this section,
if a covered uranium employee dies before the effective date specified in subsection (g), whether or not the death is a result of
the illness specified in subsection (b), a survivor of that employee

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PUBLIC LAW 106–398—APPENDIX

may, on behalf of that survivor and any other survivors of that
employee, receive the compensation provided for under this section.
(2) The right to receive compensation under this section shall
be afforded to survivors in the same order of precedence as that
set forth in section 8109 of title 5, United States Code.
(f ) PROCEDURES REQUIRED.—The President shall establish
procedures to identify and notify each covered uranium employee,
or the survivor of that covered uranium employee if that employee
is deceased, of the availability of compensation and benefits under
this section.
(g) EFFECTIVE DATE.—This section shall take effect on July
31, 2001, unless Congress otherwise provides in an Act enacted
before that date.
SEC. 3631. ASSISTANCE FOR CLAIMANTS AND POTENTIAL CLAIMANTS.

(a) ASSISTANCE FOR CLAIMANTS.—The President shall, upon
the receipt of a request for assistance from a claimant under the
compensation program, provide assistance to the claimant in connection with the claim, including—
(1) assistance in securing medical testing and diagnostic
services necessary to establish the existence of a covered beryllium illness, chronic silicosis, or cancer; and
(2) such other assistance as may be required to develop
facts pertinent to the claim.
(b) ASSISTANCE FOR POTENTIAL CLAIMANTS.—The President
shall take appropriate actions to inform and assist covered employees who are potential claimants under the compensation program,
and other potential claimants under the compensation program,
of the availability of compensation under the compensation program,
including actions to—
(1) ensure the ready availability, in paper and electronic
format, of forms necessary for making claims;
(2) provide such covered employees and other potential
claimants with information and other support necessary for
making claims, including—
(A) medical protocols for medical testing and diagnosis
to establish the existence of a covered beryllium illness,
chronic silicosis, or cancer; and
(B) lists of vendors approved for providing laboratory
services related to such medical testing and diagnosis; and
(3) provide such additional assistance to such covered
employees and other potential claimants as may be required
for the development of facts pertinent to a claim.
(c) INFORMATION FROM BERYLLIUM VENDORS AND OTHER CONTRACTORS.—As part of the assistance program provided under subsections (a) and (b), and as permitted by law, the Secretary of
Energy shall, upon the request of the President, require a beryllium
vendor or other Department of Energy contractor or subcontractor
to provide information relevant to a claim or potential claim under
the compensation program to the President.

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PUBLIC LAW 106–398—APPENDIX

114 STAT. 1654A–509

Subtitle C—Treatment, Coordination, and
Forfeiture of Compensation and Benefits
SEC. 3641. OFFSET FOR CERTAIN PAYMENTS.

A payment of compensation to an individual, or to a survivor
of that individual, under subtitle B shall be offset by the amount
of any payment made pursuant to a final award or settlement
on a claim (other than a claim for worker’s compensation), against
any person, that is based on injuries incurred by that individual
on account of the exposure of a covered beryllium employee, covered
employee with cancer, covered employee with chronic silicosis (as
defined in section 3627), or covered uranium employee (as defined
in section 3630), while so employed, to beryllium, radiation, silica,
or radiation, respectively.
SEC. 3642. SUBROGATION OF THE UNITED STATES.

Upon payment of compensation under subtitle B, 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 injuries referred to in section
3641.
SEC. 3643. PAYMENT IN FULL SETTLEMENT OF CLAIMS.

The acceptance by an individual of payment of compensation
under subtitle B with respect to a covered employee shall be in
full satisfaction of all claims of or on behalf of that individual
against the United States, against a Department of Energy contractor or subcontractor, beryllium vendor, or atomic weapons employer,
or against any person with respect to that person’s performance
of a contract with the United States, that arise out of an exposure
referred to in section 3641.
SEC. 3644. EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES
AND AGAINST CONTRACTORS AND SUBCONTRACTORS.

(a) IN GENERAL.—The liability of the United States or an
instrumentality of the United States under this title with respect
to a cancer (including a specified cancer), chronic silicosis, covered
beryllium illness, or death related thereto of a covered employee
is exclusive and instead of all other liability—
(1) of—
(A) the United States;
(B) any instrumentality of the United States;
(C) a contractor that contracted with the Department
of Energy to provide management and operation, management and integration, or environmental remediation of a
Department of Energy facility (in its capacity as a contractor);
(D) a subcontractor that provided services, including
construction, at a Department of Energy facility (in its
capacity as a subcontractor); and
(E) an employee, agent, or assign of an entity specified
in subparagraphs (A) through (D);
(2) to—
(A) the covered employee;
(B) the covered employee’s legal representative, spouse,
dependents, survivors, and next of kin; and

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PUBLIC LAW 106–398—APPENDIX

(C) any other person, including any third party as
to whom the covered employee, or the covered employee’s
legal representative, spouse, dependents, survivors, or next
of kin, has a cause of action relating to the cancer (including
a specified cancer), chronic silicosis, covered beryllium illness, or death, otherwise entitled to recover damages from
the United States, the instrumentality, the contractor, the
subcontractor, or the employee, agent, or assign of one
of them,
because of the cancer (including a specified cancer), chronic silicosis,
covered beryllium illness, or death in any proceeding or action
including a direct judicial proceeding, a civil action, a proceeding
in admiralty, or a proceeding under a tort liability statute or the
common law.
(b) APPLICABILITY.—This section applies to all cases filed on
or after the date of the enactment of this Act.
(c) WORKERS’ COMPENSATION.—This section does not apply to
an administrative or judicial proceeding under a Federal or State
workers’ compensation law.
SEC. 3645. ELECTION OF REMEDY FOR BERYLLIUM EMPLOYEES AND
ATOMIC WEAPONS EMPLOYEES.

(a) ELECTION TO FILE SUIT.—If a tort case is filed after the
date of the enactment of this Act, alleging a claim referred to
in section 3643 against a beryllium vendor or atomic weapons
employer, the plaintiff shall not be eligible for compensation or
benefits under subtitle B unless the plaintiff files such case within
the applicable time limits in subsection (b).
(b) APPLICABLE TIME LIMITS.—A case described in subsection
(a) shall be filed not later than the later of—
(1) the date that is 30 months after the date of the enactment of this Act; or
(2) the date that is 30 months after the date the plaintiff
first becomes aware that an illness covered by subtitle B of
a covered employee may be connected to the exposure of the
covered employee in the performance of duty.
(c) DISMISSAL OF CLAIMS.—Unless a case filed under subsection
(a) is dismissed prior to the time limits in subsection (b), the
plaintiff shall not be eligible for compensation under subtitle B.
(d) DISMISSAL OF PENDING SUIT.—If a tort case was filed on
or before the date of the enactment of this Act, alleging a claim
referred to in section 3643 against a beryllium vendor or atomic
weapons employer, the plaintiff shall not be eligible for compensation or benefits under subtitle B unless the plaintiff dismisses
such case not later than December 31, 2003.
(e) WORKERS’ COMPENSATION.—This section does not apply to
an administrative or judicial proceeding under a State or Federal
workers’ compensation law.
SEC. 3646. CERTIFICATION OF TREATMENT OF PAYMENTS UNDER
OTHER LAWS.

Compensation or benefits provided to an individual under subtitle B—
(1) shall be treated for purposes of the internal revenue
laws of the United States as damages for human suffering;
and
(2) shall not be included as income or resources for purposes
of determining eligibility to receive benefits described in section

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114 STAT. 1654A–511

3803(c)(2)(C) of title 31, United States Code, or the amount
of such benefits.
SEC. 3647. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE; CHOICE OF
REMEDIES.

(a) CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.—No claim cognizable under subtitle B shall be assignable or transferable.
(b) CHOICE OF REMEDIES.—No individual may receive more
than one payment of compensation under subtitle B.
SEC. 3648. ATTORNEY FEES.

(a) GENERAL RULE.—Notwithstanding any contract, the representative of an individual may not receive, for services rendered
in connection with the claim of an individual under subtitle B,
more than that percentage specified in subsection (b) of a payment
made under subtitle B on such claim.
(b) APPLICABLE PERCENTAGE LIMITATIONS.—The percentage
referred to in subsection (a) is—
(1) 2 percent for the filing of an initial claim; and
(2) 10 percent with respect to any claim with respect to
which a representative has made a contract for services before
the date of the enactment of this Act.
(c) PENALTY.—Any such representative who violates this section
shall be fined not more than $5,000.
SEC. 3649. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.

A payment under subtitle B shall not be considered as any
form of compensation or reimbursement for a loss for purposes
of imposing liability on any individual receiving such payment,
on the basis of such receipt, to repay any insurance carrier for
insurance payments, or to repay any person on account of worker’s
compensation payments; and a payment under subtitle B shall
not affect any claim against an insurance carrier with respect
to insurance or against any person with respect to worker’s compensation.
SEC. 3650. FORFEITURE OF BENEFITS BY CONVICTED FELONS.

(a) FORFEITURE OF COMPENSATION.—Any individual convicted
of a violation of section 1920 of title 18, United States Code, or
any other Federal or State criminal statute relating to fraud in
the application for or receipt of any benefit under subtitle B or
under any other Federal or State workers’ compensation law, shall
forfeit (as of the date of such conviction) any entitlement to any
compensation or benefit under subtitle B such individual would
otherwise be awarded for any injury, illness or death covered by
subtitle B for which the time of injury was on or before the date
of the conviction.
(b) INFORMATION.—Notwithstanding section 552a of title 5,
United States Code, or any other Federal or State law, an agency
of the United States, a State, or a political subdivision of a State
shall make available to the President, upon written request from
the President and if the President requires the information to
carry out this section, the names and Social Security account numbers of individuals confined, for conviction of a felony, in a jail,
prison, or other penal institution or correctional facility under the
jurisdiction of that agency.

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SEC. 3651. COORDINATION WITH OTHER FEDERAL RADIATION COMPENSATION LAWS.

Except in accordance with section 3630, an individual may
not receive compensation or benefits under the compensation program for cancer and also receive compensation under the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) or section 1112(c)
of title 38, United States Code.

Subtitle D—Assistance in State Workers’
Compensation Proceedings
SEC. 3661. AGREEMENTS WITH STATES.

(a) AGREEMENTS AUTHORIZED.—The Secretary of Energy (hereafter in this section referred to as the ‘‘Secretary’’) may enter
into agreements with the chief executive officer of a State to provide
assistance to a Department of Energy contractor employee in filing
a claim under the appropriate State workers’ compensation system.
(b) PROCEDURE.—Pursuant to agreements under subsection (a),
the Secretary may—
(1) establish procedures under which an individual may
submit an application for review and assistance under this
section; and
(2) review an application submitted under this section and
determine whether the applicant submitted reasonable evidence
that—
(A) the application was filed by or on behalf of a
Department of Energy contractor employee or employee’s
estate; and
(B) the illness or death of the Department of Energy
contractor employee may have been related to employment
at a Department of Energy facility.
(c) SUBMITTAL OF APPLICATIONS TO PANELS.—If provided in
an agreement under subsection (a), and if the Secretary determines
that the applicant submitted reasonable evidence under subsection
(b)(2), the Secretary shall submit the application to a physicians
panel established under subsection (d). The Secretary shall assist
the employee in obtaining additional evidence within the control
of the Department of Energy and relevant to the panel’s deliberations.
(d) COMPOSITION AND OPERATION OF PANELS.—(1) The Secretary
shall inform the Secretary of Health and Human Services of the
number of physicians panels the Secretary has determined to be
appropriate to administer this section, the number of physicians
needed for each panel, and the area of jurisdiction of each panel.
The Secretary may determine to have only one panel.
(2)(A) The Secretary of Health and Human Services shall
appoint panel members with experience and competency in diagnosing occupational illnesses under section 3109 of title 5, United
States Code.
(B) Each member of a panel shall be paid at the rate of
pay payable for level III of the Executive Schedule for each day
(including travel time) the member is engaged in the work of
a panel.
(3) A panel shall review an application submitted to it by
the Secretary and determine, under guidelines established by the

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114 STAT. 1654A–513

Secretary, by regulation, whether the illness or death that is the
subject of the application arose out of and in the course of employment by the Department of Energy and exposure to a toxic substance at a Department of Energy facility.
(4) At the request of a panel, the Secretary and a contractor
who employed a Department of Energy contractor employee shall
provide additional information relevant to the panel’s deliberations.
A panel may consult specialists in relevant fields as it determines
necessary.
(5) Once a panel has made a determination under paragraph
(3), it shall report to the Secretary its determination and the basis
for the determination.
(6) A panel established under this subsection shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).
(e) ASSISTANCE.—If provided in an agreement under subsection
(a)—
(1) the Secretary shall review a panel’s determination made
under subsection (d), information the panel considered in reaching its determination, any relevant new information not reasonably available at the time of the panel’s deliberations, and
the basis for the panel’s determination;
(2) as a result of the review under paragraph (1), the
Secretary shall accept the panel’s determination in the absence
of significant evidence to the contrary; and
(3) if the panel has made a positive determination under
subsection (d) and the Secretary accepts the determination
under paragraph (2), or the panel has made a negative determination under subsection (d) and the Secretary finds significant evidence to the contrary—
(A) the Secretary shall assist the applicant to file a
claim under the appropriate State workers’ compensation
system based on the health condition that was the subject
of the determination;
(B) the Secretary thereafter—
(i) may not contest such claim;
(ii) may not contest an award made regarding
such claim; and
(iii) may, to the extent permitted by law, direct
the Department of Energy contractor who employed
the applicant not to contest such claim or such award,
unless the Secretary finds significant new evidence to justify such contest; and
(C) any costs of contesting a claim or an award regarding the claim incurred by the contractor who employed
the Department of Energy contractor employee who is the
subject of the claim shall not be an allowable cost under
a Department of Energy contract.
(f ) INFORMATION.—At the request of the Secretary, a contractor
who employed a Department of Energy contractor employee shall
make available to the Secretary and the employee information
relevant to deliberations under this section.
(g) GAO REPORT.—Not later than February 1, 2002, the
Comptroller General shall submit to Congress a report on the
implementation by the Department of Energy of the provisions
of this section and of the effectiveness of the program under this
section in assisting Department of Energy contractor employees
in obtaining compensation for occupational illness.

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