[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3478 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3478

    To establish a compensation program for the contractors of the 
Departments of Energy and Defense and beryllium vendors who sustained a 
beryllium-related illness due to the performance of their duty, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 1999

 Ms. Kaptur (for herself, Mr. Kanjorski, Mr. Gillmor, and Mr. Hansen) 
 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 Armed Services, 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 establish a compensation program for the contractors of the 
Departments of Energy and Defense and beryllium vendors who sustained a 
beryllium-related illness due to the performance of their duty, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Beryllium 
Compensation Act''.
    (b) Table of Sections.--The table of sections of this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Regulatory authority to revise definitions.
Sec. 5. Exposure to beryllium in the performance of duty.
Sec. 6. Compensation for disability or death, medical services, and 
                            vocational rehabilitation.
Sec. 7. Computation of pay.
Sec. 8. Limitations on right to receive compensation.
Sec. 9. Coordination of benefits.
Sec. 10. Retroactive compensation.
Sec. 11. Exclusivity of remedy.
Sec. 12. Claim.
Sec. 13. Responsibilities of the Secretary of Energy and the Secretary 
                            of Defense.
Sec. 14. Review of award.
Sec. 15. Assignment of claim.
Sec. 16. Administration and adjudication.
Sec. 17. Subrogation of the United States.
Sec. 18. Federal employees' beryllium compensation fund.
Sec. 19. Forfeiture of benefits by convicted felons.
Sec. 20. Regulations--Beryllium Compensation Appeals Panel.
Sec. 21. Civil service retention rights.
Sec. 22. Annual report.
Sec. 23. Appropriations.
Sec. 24. Construction.
Sec. 25. Conforming amendments.
Sec. 26. Effective date.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Employees of the Departments of Energy and Defense and 
        their predecessor agencies and employees of its contractors and 
        vendors have been and currently are exposed to harmful 
        substances, including beryllium, while performing their duties 
        in the furtherance of the national interest.
            (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 beryllium causes, in certain individuals, beryllium 
        sensitivity and chronic beryllium disease.
            (3) This Nation owes the men and women who sustained our 
        national defense for the last 50 years efficient, uniform, and 
        adequate compensation for beryllium-related health conditions 
        for which clear scientific proof exists of causal connection to 
        occupational exposure.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) Beryllium vendor.--The term ``beryllium vendor'' 
        means--
                    (A) Atomics International;
                    (B) Brush Wellman, Inc.;
                    (C) General Atomics;
                    (D) General Electric Company;
                    (E) NKG Metals Corporation and its predecessors: 
                Kiwiki-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 Act in regulations 
                issued by the Secretary of Energy pursuant to section 
                4.
            (2) Compensation.--The term ``compensation'' means the 
        money allowance payable under this Act and any other benefits 
        paid for from the Federal Beryllium Compensation Fund including 
        the retroactive compensation payable pursuant to section 10.
            (3) Confirmed positive blood beryllium lymphocyte 
        proliferation test.--The term ``confirmed positive blood 
        beryllium lymphocyte proliferation test'' means a blood 
        beryllium lymphocyte proliferation test that was determined to 
        be positive at 2 different laboratories from the same blood 
        draw or at the same laboratory on consecutive blood draws.
            (4) Covered employee.--The term ``covered employee'' 
        means--
                    (A) an employee of any contractor that contracted 
                with the Department of Energy or Department of Defense 
to provide management and operation, management and integration, or 
environmental remediation of a Department of Energy or Department of 
Defense facility or an employee of any subcontractor that provided 
services, including construction, at such 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(1) of title 5, United States Code, who may have 
                been exposed to beryllium at a Department of Energy or 
                Department of Defense facility or at a facility owned, 
                operated, or occupied by a beryllium vendor.
            (5) Covered illness.--The term ``covered illness'' means 
        the following conditions:
                    (A) Beryllium sensitivity, established by 1 or more 
                of the following criteria:
                            (i) A confirmed positive blood beryllium 
                        lymphocyte proliferation test.
                            (ii) An unconfirmed positive blood 
                        beryllium lymphocyte proliferation test with 
                        more than 1 additional borderline, or a single 
                        positive, result.
                            (iii) 3 or more unconfirmed positive blood 
                        beryllium lymphocyte proliferation tests.
                            (iv) a beryllium skin-patch test that is 
                        positive.
                    (B) Chronic beryllium disease, established by 1 or 
                more of the following criteria:
                            (i) A confirmed positive blood beryllium 
                        lymphocyte proliferation test, a positive lung 
                        beryllium lymphocyte proliferation test, and 
                        evidence of lung pathology, 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.
                            (ii) A confirmed positive blood beryllium 
                        lymphocyte proliferation test, a negative lung 
                        beryllium lymphocyte proliferation test, and a 
                        lung biopsy showing either granulomas or other 
                        findings consistent with chronic beryllium 
                        disease.
                            (iii) A negative blood beryllium lymphocyte 
                        proliferation test, a negative lung beryllium 
                        lymphocyte proliferation test, a beryllium 
                        skin-patch test that is positive, and a lung 
                        biopsy showing either granulomas or other 
                        findings consistent with chronic beryllium 
                        disease.
                    (C) Any injury or illness sustained as a 
                consequence of a covered illness as defined in section 
                3(5)(A) or (B).
            (6) Department of energy.--The term ``Department of 
        Energy'' includes the predecessor agencies of the Department of 
        Energy.
            (7) Department of defense.--The term ``Department of 
        Defense'' includes the predecessor agencies of the Department 
        of Defense.
            (8) Department of energy facility.--The term ``Department 
        of Energy facility'' means any building, structure, or 
        premises, including the grounds upon which such buildings or 
        structures 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.
            (9) Department of defense facility.--The term ``Department 
        of Defense facility'' means any building, structure, or 
        premises, including the grounds upon which such buildings or 
        structures are located, in which operations are conducted by, 
        or on behalf of, the Department of Defense and with regard to 
        which the Department of Defense has a proprietary interest or 
        has entered into a contract with an entity to provide 
        management and operation, management and integration, or 
        environmental remediation.
            (10) Monthly pay.--The term ``monthly pay'' means--
                    (A) the monthly pay at the time of injury,
                    (B) the monthly pay at the time disability begins, 
                or
                    (C) 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;
            (11) Time of injury.--``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 5.
            (12) Other terms.--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, sister;
                    (F) child;
                    (G) grandchild;
                    (H) widower;
                    (I) student;
                    (J) price index;
                    (K) organ; and
                    (L) United States medical officers and hospitals.

SEC. 4. 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 Act in regulations issued by the Secretary of Energy 
or the Secretary of Defense, after consultation with the Secretary of 
Labor, 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 Departments of Energy or Defense in a manner similar to the 
entities listed in section 3(1).
    (b) Additional criteria by which a claimant may establish the 
existence of a covered illness, as defined in subparagraph (A) or (B) 
of section 3(5), may be specified in regulations issued by the 
Secretary of Labor, after consultation with the Secretaries of Energy 
and Defense.

SEC. 5. EXPOSURE TO BERYLLIUM IN THE PERFORMANCE OF DUTY.

    (a) In the absence of substantial evidence to the contrary, a 
covered employee, as defined in subparagraph (A) or (C) of section 
3(4), shall be determined to have been exposed to beryllium in the 
performance of duty for the purposes of this Act if, and only if, the 
covered employee was employed at the Department of Energy facility or 
Department of Defense 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 or Department of Defense, for any period during which 
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 Act, a covered 
employee, as defined by section 3(4)(B), must establish by substantial 
evidence that the covered employee 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 or the Department of 
Defense.

SEC. 6. COMPENSATION FOR DISABILITY OR DEATH, MEDICAL SERVICES, AND 
              VOCATIONAL REHABILITATION.

    (a) Except to the extent specified in this Act, and in accordance 
with the provisions of the following sections, the United States--
            (1) shall pay the compensation specified in sections 8105-
        8110, 8111(a), 8112-8113, 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 5;
            (2) shall 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 5; and
            (3) may direct a permanently disabled individual whose 
        disability is compensable under this Act 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 paragraphs (1) through (3) of section 
8102(a) of title 5, United States Code.
    (b) All compensation under this Act shall be paid from the Federal 
Beryllium Compensation Fund.
    (c) No payment of compensation may be made under this Act for any 
period prior to the effective date of this Act, except for the 
retroactive compensation specified in section 10.

SEC. 7. COMPUTATION OF PAY.

    (a) Except as otherwise provided by this Act, or by regulations of 
the Secretary of Labor, computation of pay under this Act 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 paragraphs (1) and (2) of section 8114(d) 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. 8. LIMITATIONS ON RIGHT TO RECEIVE COMPENSATION.

    (a) While a covered employee as defined in section 3(4)(C) is 
receiving compensation under this Act, 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, subject to the reduction of such pay in 
        accordance with section 5532(b) of title 5, United States Code.
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 entitled to benefits under this Act because of a 
covered illness, or because of the death of a covered employee as 
defined in section 3(4)(C), who also is entitled to receive from the 
United States under a provision of a statute other than this Act 
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 of Labor. 
The election when made is irrevocable, except as otherwise provided by 
statute.
    (c) While a covered employee is receiving compensation under this 
Act, 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 of Labor. The election when made is irrevocable.
    (d) An individual entitled to receive benefits under this Act 
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 of Labor waives the requirement to make 
        such an election.
    (e) An individual required to make the election specified in 
subsection (d) shall make the election within the time allowed by the 
Secretary of Labor. The election when made is irrevocable.
    (f) A widow or widower who has entitlements to benefits under this 
Act or under subchapter I or III of chapter 81 of title 5, United 
States Code, derived from more than 1 husband or wife shall elect 1 
entitlement to be utilized.

SEC. 9. COORDINATION OF BENEFITS.

    (a) A claimant, except as specified in subsection (b), entitled to 
receive benefits under this Act 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 Act 
pursuant to subsection (c) or (d) of section 8 shall receive 
compensation as specified in this Act 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 
Labor, of obtaining such benefits.
    (b) A claimant entitled to receive benefits under this Act 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 8(d)(2), of the requirement to elect between benefits under 
this Act and benefits under a State workers' compensation system shall 
receive compensation as specified in this Act for the covered illness 
or death, reduced by 80 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 Labor, of obtaining such benefits.

SEC. 10. RETROACTIVE COMPENSATION.

    (a) A covered employee, who was exposed to beryllium in the 
performance of duty, as determined in accordance with section 5, and 
who, in addition--
            (1) was diagnosed, before the date of enactment of this 
        Act, 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 3(5); and
            (2) demonstrates the existence of the diagnosis and 
        condition 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 
$200,000, in lieu of any other compensation to which the covered 
employee or the employee's survivor may be entitled under this Act and 
payment of medical expenses for the beryllium-related pulmonary 
condition.
    (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 Act, 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 $200,000 in lieu of any other compensation to which 
either the covered employee or the employee's survivors might otherwise 
have been entitled under this 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.
    (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 by the Secretary of Labor determining an 
entitlement to an award of compensation for total disability or partial 
disability under this Act or the date that the Secretary of Labor 
informs the employee or the employee's survivor of the entitlement to 
make such an election, whichever is later, unless the time is extended 
by the Secretary of Labor. 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 Act may be made on 
account of the same or any other covered illness or beryllium-related 
pulmonary condition of that employee for any period of time or for any 
service received before the date of enactment of this Act.
    (e) Determination by the Secretary of Labor that a covered employee 
or a survivor of a covered employee has established a beryllium-related 
pulmonary condition, pursuant to subsection (a), 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. 11. EXCLUSIVITY OF REMEDY.

    (a) The liability of the United States or an instrumentality 
thereof under this Act or any extension thereof with respect to a 
covered illness, beryllium-related pulmonary condition, or death of a 
covered employee is exclusive and instead of all other liability of the 
United States, the instrumentality, or of any employer that employed a 
covered employee to--
            (1) the covered employee;
            (2) the covered employee's legal representative, spouse, 
        dependents, and next of kin; and
            (3) any other person otherwise entitled to recover damages 
        from the United States, the instrumentality, or of any employer 
        that employed the covered employee,
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 an 
administrative or judicial proceeding under a workers' compensation 
statute, a tort liability statute, or the common law.
    (b) For the purposes of this section, the employer of a covered 
employee shall be any corporation, person, organization, or other 
entity that employed the covered employee when the employee was exposed 
to beryllium in the performance of duty as specified in section 5 and 
any corporation, person, organization, or other entity that hired, 
contracted, or employed the immediate employer of the covered employee 
when the covered employee was exposed to beryllium in the performance 
of duty as specified in section 5 and any employees, agents, or assigns 
of such persons, corporations, organizations, or other entities.

SEC. 12. CLAIM.

    A claim for compensation under this Act shall be made in the manner 
specified in section 8121 of title 5, United States Code, except that a 
claim for compensation under this Act may be filed by a claimant at any 
time.

SEC. 13. RESPONSIBILITIES OF THE SECRETARY OF ENERGY AND THE SECRETARY 
              OF DEFENSE.

    (a) To assist and facilitate administration of this Act, the 
Secretaries of Energy and Defense shall--
            (1) ensure the ready availability, in paper or electronic 
        format, of forms necessary for making claims and providing 
        information under this Act;
            (2) provide assistance to workers in connection with this 
        Act; and
            (3) inform the Secretary of Labor of advances in testing, 
        diagnosis, and treatment of chronic beryllium disease and 
        beryllium sensitivity.
    (b) Upon receipt of notification from the Secretary of Labor that a 
claimant has made a claim for benefits under this Act, the Secretary of 
Energy or the Secretary of Defense shall provide information concerning 
the claim, as requested by the Secretary of Labor, and provide such 
additional information as the Secretary of Labor deems necessary.
    (c) The Secretary of Energy or the Secretary of Defense may require 
a beryllium vendor to provide the Secretary of Energy or the Secretary 
of Defense with information concerning the claim requested by the 
Secretary of Labor under subsection (b).
    (d) The alleged failure of the Secretary of Energy or the Secretary 
of Defense to comply with this section shall not provide a basis for 
review of any action of the Secretary of Energy, the Secretary of 
Defense, or the Secretary of Labor by another official of the United 
States or by a court by mandamus or otherwise.
    (e) Powers conferred upon the Secretary of Energy or the Secretary 
of Defense by this Act may be delegated to any employee of the 
Department of Energy or Department of Defense.

SEC. 14. REVIEW OF AWARD.

    The action of the Secretary of Labor, or the Secretary's designee, 
in allowing or denying a payment under this Act is--
            (1) final and conclusive for all purposes and with respect 
        to all questions of law and facts; and
            (2) not subject to review by another official of the United 
        States or by a court by mandamus or otherwise.

SEC. 15. ASSIGNMENT OF CLAIM.

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

SEC. 16. ADMINISTRATION AND ADJUDICATION.

    (a) The Secretary of Labor shall administer, and decide all 
questions arising under, this Act, except to the extent that specific 
authority is accorded to the Secretary of Energy or the Secretary of 
Defense by section 4. The Secretary of Labor may appoint employees to 
administer this Act.
    (b) Powers conferred upon the Secretary of Labor by this Act may be 
delegated to any employee of the Department of Labor.
    (c) A claimant may obtain reconsideration of a decision of the 
Secretary of Labor awarding or denying coverage under this Act after 
the promulgation by the Secretary of Labor, pursuant to section 4, of 
new criteria for establishing coverage of a covered illness by 
submitting evidence that is relevant and pertinent to the new criteria.
    (d) Except to the extent specified in this Act, the administration 
and adjudication of this Act shall be conducted in accordance with the 
provisions of section 8123-8127, 8128(a), and 8129 of title 5, United 
States Code.
    (e) For the purposes of this Act, references in section 8124(a)(1) 
of title 5, United States Code, to the report furnished by the 
immediate superior shall be considered references to the information 
furnished to the Secretary of Labor by the Secretary of Energy pursuant 
to section 13.

SEC. 17. SUBROGATION OF THE UNITED STATES.

    (a) If a covered illness, death, or beryllium-related pulmonary 
condition for which compensation is payable under this Act 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 
Act.
    (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 Federal Beryllium Compensation Fund.
    (c) For purposes of this Act, 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 such section is in an active duty status while so engaged shall only 
apply to a covered employee, as defined in section 3(4)(C).

SEC. 18. FEDERAL BERYLLIUM COMPENSATION FUND.

    (a) There is created in the Treasury of the United States the 
Federal Beryllium Compensation Fund which shall consist of sums that, 
from time to time, may be appropriated for or transferred or advanced 
to it, and amounts that may otherwise accrue to it under this Act or 
any other statute. Notwithstanding any other provision of law, funds in 
the Federal Beryllium Compensation Fund remain available until expended 
for the payment of compensation and other benefits and expenses 
authorized by this Act or any extension or application thereof, and for 
payment of all expenses of the Department of Labor in administering 
this Act.
    (b) The Secretary of Energy shall assure that the Federal Beryllium 
Compensation Fund contains sufficient funds for the Secretary of Labor 
to make all required payments from such Fund. Upon receipt of a 
quarterly statement furnished under subsection (e)(1) by the Secretary 
of Labor reporting a projected deficiency in the balance of the Federal 
Beryllium Compensation Fund, the Secretary of Energy is authorized to 
and shall--
            (1) cause a transfer or advance of funds to the Federal 
        Beryllium Compensation Fund from any Department of Energy 
        appropriation;
            (2) cause a transfer to the Federal Beryllium Compensation 
        Fund to be charged to the subsequent year appropriation; or
            (3) cause any combination thereof, of such amounts as may 
        be necessary to eliminate said projected deficiency.
    (c) The Federal Beryllium Compensation Fund is authorized to 
receive for deposit any funds transferred or advanced by or through the 
Secretary of Energy under subsection (b) and any amounts that may 
otherwise accrue to it under this Act or any other statute. The Federal 
Beryllium Compensation Fund is authorized to and shall repay all 
advances under subsection (b) upon enactment of its next annual 
appropriation and receipt of sufficient funds for the payment of 
benefits and expenses, and of all expenses of the Department of Labor 
in administering this Act through the end of the quarter immediately 
following the quarter in which the repayment is approved.
    (d) The Secretary of Labor is authorized to draw upon and expend 
any funds in the Federal Beryllium Compensation Fund to make any 
payments authorized pursuant to subsection (a).
    (e) Quarterly Statements.--
            (1) Within 45 days of the end of every quarter of every 
        fiscal year, the Secretary of Labor shall furnish to the 
        Secretary of Energy a statement showing--
                    (A) the total costs of benefits and other payments 
                made from the Federal Beryllium Compensation Fund 
                during the quarter just ended;
                    (B) the end-of-quarter balance in such fund;
                    (C) the anticipated draw of the Secretary of Labor 
                upon such Fund during the immediately succeeding 2 
                quarters; and
                    (D) any resulting projected deficiency in the 
                balance of such Fund during the immediately succeeding 
                2 quarters.
            (2) Each such statement issued in August shall show, in 
        addition, the total costs of benefits and expenses and other 
        payments from such Fund during the preceding July 1 through 
        June 30 expense period and an estimate of the expenditures from 
        the Federal Beryllium Compensation Fund for the payment of 
        benefits and expenses and other payments for each of the 
        immediately succeeding 2 fiscal years.
            (3) Within 30 days of receipt of any quarterly statement 
        under subsection (a) showing such a resulting projected 
        deficiency, the Secretary of Energy shall--
                    (A) eliminate such projected deficiency in 
                accordance with subsection (b); and
                    (B) furnish a statement to the Secretary of Labor 
                which includes a record of the amounts transferred or 
                advanced to the Federal Beryllium Compensation Fund 
                from Department of Energy appropriations or transferred 
                to the Federal Beryllium Compensation Fund to be 
                charged to the subsequent year appropriation.

SEC. 19. 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 Act 
or under any other Federal or State workers' compensation Act, shall 
forfeit (as of the date of such conviction) any entitlement to any 
benefit such individual would otherwise be entitled to under this Act 
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 of Labor may take pursuant to the provisions 
of section 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 Act 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 individual shall not be entitled to receive the benefits 
forfeited during the period of incarceration under paragraph (1) after 
such 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 of Labor 
may, during the period of incarceration, pay to such 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 of Labor, 
upon written request, the names and Social Security account numbers of 
individuals who are confined in a jail, prison, or other penal 
institution or correctional facility under the jurisdiction of such 
agency, pursuant to such individuals' conviction of an offense that 
constituted a felony under applicable law, which the Secretary of Labor 
may require to carry out the provisions of this section.

SEC. 20. REGULATIONS--BERYLLIUM COMPENSATION APPEALS PANEL.

    The Secretary of Labor may prescribe rules and regulations 
necessary for the administration and enforcement of this Act, including 
rules and regulations for the conduct of hearings under this Act. The 
rules and regulations shall provide for a Beryllium Compensation 
Appeals Panel of 3 individuals designated or appointed by the Secretary 
of Labor with authority to hear and, subject to applicable law and the 
rules and regulations of the Secretary of Labor, make final decisions 
on appeals taken from determinations and awards with respect to claims 
of covered employees.

SEC. 21. CIVIL SERVICE RETENTION RIGHTS.

    In the event that a covered employee, as defined in section 
3(4)(C), resumes employment with the Federal Government, such 
individual shall be entitled to the rights set forth in section 8151 of 
title 5, United States Code.

SEC. 22. ANNUAL REPORT.

    The Secretary of Labor shall, at the end of each fiscal year, 
prepare a report with respect to the administration of this Act. Such 
report shall be submitted to Congress in accordance with the 
requirement with respect to submission under section 42 of the 
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 942).

SEC. 23. APPROPRIATIONS.

    (a) There is authorized to be appropriated to the Department of 
Energy for deposit into the Federal Beryllium Compensation Fund the sum 
of $200,000,000 for fiscal year 2001, which, notwithstanding any other 
provision of law, shall remain available until expended.
    (b) For succeeding fiscal years there are authorized to be 
appropriated to the Department of Energy for deposit into the Federal 
Beryllium Compensation Fund such sums as may be necessary to carry out 
this Act, which, notwithstanding any other provision of law, shall 
remain available until expended.
    (c) Budget estimates for the Department of Energy submitted to the 
Committees on Appropriations shall--
            (1) request amounts for the Federal Beryllium Compensation 
        Fund required to make all payments authorized by section 18 for 
        the period covered by the budget estimate; and
            (2) report all amounts deposited in the Energy Employee's 
        Compensation Fund under subsection (b) of section 18 since 
        submission of the prior budget estimates.

SEC. 24. CONSTRUCTION.

    References in this Act 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. 25. CONFORMING AMENDMENTS.

    (a) Section 1920 of title 18 is amended by inserting ``or the 
Federal Beryllium Compensation Act'' after ``of title 5''.
    (b) Section 1921 of title 18 is amended by inserting ``or the 
Federal Beryllium Compensation Act'' after ``of title 5''.
    (c) Section 1922 of title 18 is amended by--
            (1) inserting ``(a)'' before ``Whoever,''; and
            (2) inserting a new subsection as follows:
    ``(b) Whoever, being charged with the responsibility for providing 
information pursuant to section 13(b) of the Federal Beryllium 
Compensation Act, willfully fails, neglects, or refuses to provide such 
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 Federal Beryllium 
Compensation Act or any extension or application 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 1 year, or both.''.

SEC. 26. EFFECTIVE DATE.

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