[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 675 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 675

    To provide jurisdiction and procedures for affording relief for 
injuries arising out of exposure to hazards involved in the mining and 
                        processing of beryllium.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 1999

Mr. Kanjorski introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committee on 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 jurisdiction and procedures for affording relief for 
injuries arising out of exposure to hazards involved in the mining and 
                        processing of beryllium.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Beryllium Exposure Compensation 
Act''.

SEC. 2. FINDINGS, PURPOSE, AND APOLOGY.

    (a) Findings.--The Congress finds that--
            (1) hazards involved in the mining and processing of 
        beryllium and its compounds are presumed to have caused injury, 
        disease, and disability among those who worked in the beryllium 
        processing industry;
            (2) workers who were exposed to beryllium hazards were 
        subjected to increased risk of injury and disease to serve the 
        national security interests of the United States; and
            (3) the United States should recognize and assume 
        responsibility for the harm done to these workers.
    (b) Purpose.--It is the purpose of this Act to establish a 
procedure to provide relief to the workers described in subsection (a) 
for the burdens they have borne for the Nation as a whole.
    (c) Apology.--The Congress apologizes on behalf of the Nation to 
the workers described in subsection (a) and their families for the 
hardships they have endured.

SEC. 3. TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States, a trust fund to be known as the Beryllium Exposure 
Compensation Trust Fund, which shall be administered by the Secretary 
of the Treasury.
    (b) Investment of Amounts in the Fund.--Amounts in the 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 the Fund.
    (c) Availability of the Fund.--Amounts in the Fund shall be 
available only for disbursement by the Attorney General under section 
5.
    (d) Termination.--The Fund shall terminate 30 years after the date 
of the enactment of this Act. If all of the amounts in the Fund have 
not been expended by the end of that 30-year period, investments of 
amounts in the Fund shall be liquidated and receipts thereof deposited 
in the Fund and all funds remaining in the Fund shall be deposited in 
the miscellaneous receipts account in the Treasury.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund such sums as may be necessary to carry out its 
purposes, which may remain available until expended.

SEC. 4. CLAIMS.

    (a) In General.--A beryllium worker described in subsection (b) 
shall receive $100,000 if--
            (1) the claim for such payment is filed with the Attorney 
        General by or on behalf of such individual; and
            (2) the Attorney General determines, in accordance with 
        section 5, that the claim meets the requirements for payment 
        under this Act.
    (b) Eligible Beryllium Worker.--A beryllium worker described in 
this subsection is an individual who--
            (1) at any time during the period beginning January 1, 
        1930, and ending December 31, 1980, was employed at a beryllium 
        industry site;
            (2) was exposed to significant beryllium hazards in the 
        course of such employment; and
            (3) after such exposure developed a condition known to be 
        related to beryllium exposure.
    (c) Conformity With Section 5.--Payments under this section may be 
made only in accordance with section 5.

SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS.

    (a) Establishment of Filing Procedures.--The Attorney General shall 
establish procedures whereby claims may be submitted under this Act.
    (b) Required Procedures.--The procedures established pursuant to 
subsection (a) shall provide that a claim meets the requirements for 
payment under this Act only if the claim includes--
            (1) adequate documentation that the individual satisfies 
        the requirements of paragraphs (1) and (2) of section 4(b); and
            (2) written medical documentation that the individual 
        satisfies the requirements of paragraph (3) of section 4(b).
    (c) Determination of Claims.--
            (1) In general.--The Attorney General shall determine, in 
        accordance with the guidelines established pursuant to this 
        subsection, whether each claim filed under this Act meets the 
        requirements for payment under this Act.
            (2) Consultation on guidelines.--The Attorney General shall 
        establish guidelines in consultation with--
                    (A) the Secretary of Defense, the Secretary of 
                Energy, and the Secretary of Labor, for determining 
                what constitutes adequate documentation that an 
                individual satisfies the requirements of paragraph (1) 
                of section 4(b);
                    (B) the Director of the National Institute for 
                Occupational Safety and Health, for determining what 
                constitutes significant beryllium hazards within the 
                meaning of paragraph (2) of section 4(b) and what 
                constitutes adequate documentation that an individual 
                satisfies the requirements of such paragraph; and
                    (C) the Surgeon General, for determining what 
                constitutes written medical documentation that an 
                individual satisfies the requirements of paragraph (3) 
                of section 4(b).
            (3) Consultation on determinations.--The Attorney General 
        may consult with--
                    (A) the Secretary of Defense, the Secretary of 
                Energy, and the Secretary of Labor in making 
                determinations pursuant to the guidelines established 
                under paragraph (2)(A);
                    (B) the Director of the National Institute for 
                Occupational Safety and Health in making determinations 
                pursuant to the guidelines established under paragraph 
                (2)(B); and
                    (C) the Surgeon General in making determinations 
                pursuant to the guidelines established under paragraph 
                (2)(C).
    (d) Payment of Claims.--
            (1) In general.--Subject to section 12, the Attorney 
        General shall pay, from amounts available in the Fund, claims 
        filed under this Act which the Attorney General determines meet 
        the requirements for payment under this Act.
            (2) Offset for certain payments.--A payment under this Act 
        to an individual, or to a survivor of that individual, on a 
        claim under section 4 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 exposure to significant beryllium hazards at any 
        time during the period referred to in section 4(b)(1).
            (3) Right of subrogation.--Upon payment of a claim under 
        this Act, the United States Government 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 paragraph (2).
            (4) Payments in the case of deceased persons.--
                    (A) In general.--In the case of an individual who 
                is deceased at the time of payment under this Act, such 
                payment may be made only as follows:
                            (i) If the individual is survived by a 
                        spouse who is living at the time of payment, 
                        such payment shall be made to such surviving 
                        spouse.
                            (ii) If there is no surviving spouse 
                        described in clause (i), such payment shall be 
                        made in equal shares to all children of the 
                        individual who are living at the time of 
                        payment.
                            (iii) If there is no surviving spouse 
                        described in clause (i) and if there are no 
                        children described in clause (ii), such payment 
                        shall be made in equal shares to the parents of 
                        the individual who are living at the time of 
                        payment.
                            (iv) If there is no surviving spouse 
                        described in clause (i), and if there are no 
                        children described in clause (ii) or parents 
                        described in clause (iii), such payment shall 
                        be made in equal shares to all grandchildren of 
                        the individual who are living at the time of 
                        payment.
                            (v) If there is no surviving spouse 
                        described in clause (i), and if there are no 
                        children described in clause (ii), parents 
                        described in clause (iii), or grandchildren 
                        described in clause (iv), then such payment 
                        shall be made in equal shares to the 
                        grandparents of the individual who are living 
                        at the time of payment.
                    (B) Individuals who are survivors.--If an 
                individual eligible for payment under section 4 dies 
                before filing a claim under this Act, any survivor of 
                that individual described in subparagraph (A) may file 
                a claim for such payment under this Act.
                    (C) Definitions.--For purposes of this paragraph--
                            (i) the spouse of an individual is a wife 
                        or husband of that individual who was married 
                        to that individual for at least one year 
                        immediately before the death of that 
                        individual;
                            (ii) a child includes a recognized natural 
                        child, a stepchild who lived with an individual 
                        in a regular parent-child relationship, and an 
                        adopted child;
                            (iii) a parent includes fathers and mothers 
                        through adoption;
                            (iv) a grandchild of an individual is a 
                        child of a child of that individual; and
                            (v) a grandparent of an individual is a 
                        parent of a parent of that individual.
    (e) Action on Claims.--The Attorney General shall complete the 
determination on each claim filed in accordance with the procedures 
established under subsection (a) not later than 12 months after the 
claim is so filed.
    (f) Payment in Full Settlement of Claims Against United States.--
The acceptance of payment by an individual under this Act shall be in 
full satisfaction of all claims of or on behalf of that individual 
against the United States, or against any person with respect to that 
person's performance of a contract with the United States, that arise 
out of exposure to significant beryllium hazards at any time during the 
period referred to in section 4(b)(1).
    (g) Administrative Costs Not Paid From Fund.--The costs incurred by 
the Attorney General in carrying out this Act may not be paid from the 
Fund or set off against, or otherwise deducted from, any payment under 
this Act to any individual.
    (h) Termination of Duties of Attorney General.--The duties of the 
Attorney General under this Act shall cease when the Fund terminates.
    (i) Certification of Treatment of Payments Under Other Laws.--
Amounts paid to an individual under this Act--
            (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 3803(c)(2)(C) of title 31, United States 
        Code, or the amount of such benefits.
    (j) Use of Existing Resources.--The Attorney General should use 
funds and resources available to the Attorney General to carry out his 
or her functions under this Act.
    (k) Regulatory Authority.--The Attorney General may issue any 
regulations necessary to carry out this Act.
    (l) Issuance of Regulations, Guidelines, and Procedures.--
Regulations, guidelines, and procedures to carry out this Act shall be 
issued not later than 180 days after the date of the enactment of this 
Act.

SEC. 6. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE; LIMITATION OF REMEDIES.

    (a) Claims Not Assignable or Transferable.--A claim cognizable 
under this Act may not be assigned or transferred.
    (b) Limitation of Remedies.--An individual may not receive more 
than one payment under this Act.

SEC. 7. STATUTE OF LIMITATIONS.

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

SEC. 8. ATTORNEY FEES.

    It shall be unlawful for an amount exceeding 10 percent of the 
value of any payment made under this Act to be paid to, or received by, 
any agent or attorney for any service rendered in connection with the 
claim for payment. Any person who violates this section shall be guilty 
of an infraction, and shall be subject to a fine in the amount provided 
in title 18, United States Code.

SEC. 9. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.

    A payment made under this Act 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 this Act shall not affect any claim against an insurance 
carrier with respect to insurance or against any person with respect to 
worker's compensation.

SEC. 10. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Beryllium industry site.--The term ``beryllium industry 
        site'' means a site that--
                    (A) was owned, operated, or supervised by the 
                Federal Government for the mining or processing of 
                beryllium or a beryllium compound; or
                    (B) produced mined or processed beryllium or 
                beryllium compound under contract with the Federal 
                Government.
            (2) Fund.--The term ``Fund'' means the Beryllium Exposure 
        Compensation Trust Fund under section 3(a).

SEC. 11. REPORT.

    The Secretary of Health and Human Services shall submit to the 
Congress not later than September 30, 2003, a report on the incidence 
of beryllium-related illness among workers employed at beryllium 
industry sites.

SEC. 12. BUDGET ACT COMPLIANCE.

    The authority under this Act to enter into contracts or to make 
payments shall not be effective in any fiscal year except to such 
extent or in such amounts as are provided in advance in appropriations 
Acts.
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