HR 5189 IH

Click here to go to implementing Executive Order 13179 of December 7, 2000

106th CONGRESS

2d Session

H. R. 5189

To provide for the payment of compensation for certain individuals employed in connection with Federal nuclear weapons programs who sustained occupational illness in the line of duty, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

September 14, 2000

Mr. UDALL of Colorado (for himself, Mr. WHITFIELD, Mr. STRICKLAND, Mr. GIBBONS, Mr. KANJORSKI, Mr. DUNCAN, Ms. KAPTUR, Mr. WAMP, Mr. KLINK, Mr. JENKINS, Ms. BERKLEY, Mr. GORDON, Mr. CLEMENT, Mr. HALL of Ohio, Mr. LUCAS of Kentucky, Mr. PHELPS, and Mr. BROWN of Ohio) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To provide for the payment of compensation for certain individuals employed in connection with Federal nuclear weapons programs who sustained occupational illness in the line of duty, and for other purposes.

SECTION 1. SHORT TITLE.

SEC. 2. FINDINGS.

SEC. 3. CONSTRUCTION WITH OTHER LAWS.

SEC. 4. DEFINITIONS.

(aa) a lung biopsy showing granulomas or a lymphocytic process consistent with chronic beryllium disease;

(bb) a computerized axial tomography scan showing changes consistent with chronic beryllium disease; or

(cc) pulmonary function or exercise testing showing pulmonary deficits consistent with chronic beryllium disease.

(aa) Paducah, Kentucky;

(bb) Portsmouth, Ohio; or

(cc) Oak Ridge, Tennessee; and

(aa) the Department of Energy;

(bb) a Department of Energy contractor or subcontractor; or

(cc) an atomic weapons employer; and

SEC. 5. EXPANSION OF LIST OF BERYLLIUM VENDORS AND MEANS OF ESTABLISHING COVERED BERYLLIUM ILLNESSES.

PART A--BERYLLIUM, SILICOSIS, AND RADIATION COMPENSATION

SEC. 6. EXPOSURE TO HAZARDS IN THE PERFORMANCE OF DUTY.

beryllium vendor, or a contractor or subcontractor of the Department of Energy;

SEC. 7. ADVISORY BOARD ON RADIATION AND WORKER HEALTH.

to implement compensation programs under this part; and

SEC. 8. DESIGNATION OF ADDITIONAL MEMBERS OF THE SPECIAL EXPOSURE COHORT.

SEC. 9. AUTHORITY TO PROVIDE COMPENSATION AND OTHER ASSISTANCE.

of the availability of compensation under this part, including actions to--

SEC. 10. ALTERNATIVE COMPENSATION.

SEC. 11. SUBMITTAL OF CLAIMS.

SEC. 12. ADJUDICATION AND ADMINISTRATION.

PART B--EXPOSURE TO OTHER TOXIC SUBSTANCES

SEC. 13. DEFINITIONS.

SEC. 14. AGREEMENTS WITH STATES.

related to employment at a Department of Energy facility.

PART C--GENERAL PROVISIONS

SEC. 15. TREATMENT OF COMPENSATION AND BENEFITS.

form of compensation or reimbursement for a loss for purposes of imposing liability on an individual receiving the compensation or benefits to repay any insurance carrier for insurance payments made.

SEC. 16. FORFEITURE OF BENEFITS BY CONVICTED FELONS.

SEC. 17. LIMITATION ON RIGHT TO RECEIVE BENEFITS.

SEC. 18. COORDINATION OF BENEFITS--STATE WORKERS' COMPENSATION.

benefits that the claimant has received under a State workers' compensation system attributable to the period subsequent to the effective date of this Act, after deducting the reasonable costs, as determined by the Secretary of Labor, of obtaining benefits under the State workers' compensation system.

SEC. 19. COORDINATION OF BENEFITS--FEDERAL WORKERS' COMPENSATION.

SEC. 20. RECEIPT OF BENEFITS--OTHER STATUTES.

SEC. 21. DUAL COMPENSATION--FEDERAL EMPLOYEES.

SEC. 22. DUAL COMPENSATION--OTHER EMPLOYEES.

SEC. 23. EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES, CONTRACTORS, AND SUBCONTRACTORS.

SEC. 24. ELECTION OF REMEDY AGAINST BERYLLIUM VENDORS AND ATOMIC WEAPONS EMPLOYERS.

exposure of the covered employee to radiation in the performance of duty.

SEC. 25. SUBROGATION OF THE UNITED STATES.

SEC. 26. ENERGY EMPLOYEES' OCCUPATIONAL ILLNESS COMPENSATION FUND.

SEC. 27. EFFECTIVE DATE.

SEC. 28. TECHNICAL AND CONFORMING AMENDMENTS.

`OFFICE OF WORKERS' COMPENSATION ADVOCATE

END