I
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 deter-
mined 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 Representa-
tives 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 De-
fense.
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 em-
ployees of its contractors and vendors have been and
currently are exposed to harmful substances, includ-
ing beryllium, while performing their duties in the
furtherance of the national interest.
(2) While linking exposure to occupational haz-
ards 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 occupa-
tional exposure.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) BERYLLIUM
VENDOR.—The term ‘‘beryl-
lium vendor’’ means—
(A) Atomics International;
(B) Brush Wellman, Inc.;
(C) General Atomics;
(D) General Electric Company;
(E) NKG Metals Corporation and its pred-
ecessors: Kiwiki-Berylco, Cabot Corporation,
BerylCo, and Beryllium Corporation of Amer-
ica;
(F) Nuclear Materials and Equipment Cor-
poration;
(G) StarMet Corporation, and its prede-
cessor, Nuclear Metals, Inc.;
(H) Wyman Gordan, Inc.; or
(I) any other vendor, processor, or pro-
ducer of beryllium or related products des-
ignated as a beryllium vendor for the purposes
of this Act in regulations issued by the Sec-
retary of Energy pursuant to section 4.
(2) COMPENSATION.—The term ‘‘compensa-
tion’’ means the money allowance payable under this
Act and any other benefits paid for from the Federal
Beryllium Compensation Fund including the retro-
active compensation payable pursuant to section 10.
(3) CONFIRMED POSITIVE BLOOD BERYLLIUM
LYMPHOCYTE
PROLIFERATION
TEST.—The term
‘‘confirmed positive blood beryllium lymphocyte pro-
liferation 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 dur-
ing a period of time when that entity was en-
gaged 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 ill-
ness’’ means the following conditions:
(A) Beryllium sensitivity, established by 1
or more of the following criteria:
(i) A confirmed positive blood beryl-
lium lymphocyte proliferation test.
(ii) An unconfirmed positive blood be-
ryllium lymphocyte proliferation test with
more than 1 additional borderline, or a sin-
gle 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 beryl-
lium lymphocyte proliferation test, a posi-
tive lung beryllium lymphocyte prolifera-
tion test, and evidence of lung pathology,
such as—
(I) 
a 
lung 
biopsy 
showing
granulomas or a lymphocytic process
consistent with chronic beryllium dis-
ease;
(II) a computerized axial tomog-
raphy scan showing changes con-
sistent with chronic beryllium disease;
or
(III) pulmonary function or exer-
cise testing showing pulmonary defi-
cits consistent with chronic beryllium
disease.
(ii) A confirmed positive blood beryl-
lium lymphocyte proliferation test, a nega-
tive lung beryllium lymphocyte prolifera-
tion test, and a lung biopsy showing either
granulomas or other findings consistent
with chronic beryllium disease.
(iii) A negative blood beryllium lym-
phocyte 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 ‘‘De-
partment of Energy’’ includes the predecessor agen-
cies 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 re-
gard to which the Department of Energy has a pro-
prietary interest or has entered into a contract with
an entity to provide management and operation,
management and integration, or environmental re-
mediation.
(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 re-
gard to which the Department of Defense has a pro-
prietary interest or has entered into a contract with
an entity to provide management and operation,
management and integration, or environmental re-
mediation.
(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 compen-
sable 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 deter-
mined 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 ex-
posed 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 beryl-
lium vendors for the purposes of this Act in regulations
issued by the Secretary of Energy or the Secretary of De-
fense, 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 es-
tablish the existence of a covered illness, as defined in sub-
paragraph (A) or (B) of section 3(5), may be specified
in regulations issued by the Secretary of Labor, after con-
sultation 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 con-
trary, a covered employee, as defined in subparagraph (A)
or (C) of section 3(4), shall be determined to have been
ment during the days employed within 1 year immediately
preceding the time of injury.
SEC. 8. LIMITATIONS ON RIGHT TO RECEIVE COMPENSA-
TION.
(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 commuta-
tion 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 Depart-
ment 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 sub-
chapter III of chapter 83 of title 5, United States Code,
or another retirement system for employees of the Govern-
ment, does not impair the right of the employee to com-
pensation 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 provi-
sion 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 em-
ployee (or in the case of death, by the deceased) as an
employee or in the Armed Forces, shall elect which bene-
fits to receive. The individual shall make the election with-
in 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 compensa-
tion 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 install-
ment payments would have continued, the covered em-
ployee 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 require-
ment to make such an election.
(e) An individual required to make the election speci-
fied 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 bene-
fits 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 pursu-
ant to subsection (c) or (d) of section 8 shall receive com-
pensation as specified in this Act for the covered illness
or death, reduced by the amount of any workers’ com-
pensation 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 Sec-
retary 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’ com-
pensation 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 ill-
ness 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 eligi-
ble to make the election provided by this section dies be-
fore the effective date of this Act, or before making the
election, whether or not the death is the result of a beryl-
lium-related condition, the employee’s survivor or sur-
vivors may make the election to receive retroactive com-
pensation 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 dis-
ability 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 sur-
vivor, has made an election to receive retroactive com-
pensation pursuant to this section, no other payment of
compensation under this Act may be made on account of
(2) the covered employee’s legal representative,
spouse, dependents, and next of kin; and
(3) any other person otherwise entitled to re-
cover damages from the United States, the instru-
mentality, or of any employer that employed the cov-
ered 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, orga-
nization, or other entity that employed the covered em-
ployee when the employee was exposed to beryllium in the
performance of duty as specified in section 5 and any cor-
poration, 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 EN-
ERGY 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 beryl-
lium 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 De-
fense may require a beryllium vendor to provide the Sec-
retary of Energy or the Secretary of Defense with infor-
mation 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 Sec-
retary of Energy, the Secretary of Defense, or the Sec-
retary 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 Depart-
ment of Defense.
SEC. 14. REVIEW OF AWARD.
The action of the Secretary of Labor, or the Sec-
retary’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 compensa-
tion are exempt from claims of creditors.
SEC. 16. ADMINISTRATION AND ADJUDICATION.
(a) The Secretary of Labor shall administer, and de-
cide 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 Depart-
ment of Labor.
(c) A claimant may obtain reconsideration of a deci-
sion of the Secretary of Labor awarding or denying cov-
erage under this Act after the promulgation by the Sec-
retary 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 ad-
ministration and adjudication of this Act shall be con-
ducted 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 sec-
tions 8131 and 8132 of title 5, United States Code, to
the Employees’ Compensation Fund shall mean the Fed-
eral 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 ap-
propriated 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 pay-
ments from such Fund. Upon receipt of a quarterly state-
ment furnished under subsection (e)(1) by the Secretary
of Labor reporting a projected deficiency in the balance
of the Federal Beryllium Compensation Fund, the Sec-
retary 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 pro-
jected deficiency.
(c) The Federal Beryllium Compensation Fund is au-
thorized 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 Be-
ryllium 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 fol-
lowing 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 Com-
pensation Fund to make any payments authorized pursu-
ant 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 fur-
nish 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 imme-
diately succeeding 2 quarters; and
(D) any resulting projected deficiency in
the balance of such Fund during the imme-
diately succeeding 2 quarters.
(2) Each such statement issued in August shall
show, in addition, the total costs of benefits and ex-
penses and other payments from such Fund during
the preceding July 1 through June 30 expense pe-
riod and an estimate of the expenditures from the
Federal Beryllium Compensation Fund for the pay-
ment 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 re-
sulting 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 Beryl-
lium 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 FEL-
ONS.
(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 for-
feiture 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 of-
fense 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 Fed-
eral or State law, any agency of the United States Govern-
ment 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 jurisdic-
tion of such agency, pursuant to such individuals’ convic-
tion of an offense that constituted a felony under applica-
ble law, which the Secretary of Labor may require to carry
out the provisions of this section.
SEC. 20. REGULATIONS—BERYLLIUM COMPENSATION AP-
PEALS PANEL.
The Secretary of Labor may prescribe rules and regu-
lations 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 deter-
minations 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 sub-
mission 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 De-
partment 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 de-
posit 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 budg-
et estimates.
SEC. 24. CONSTRUCTION.
References in this Act to a provision of another stat-
ute 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, ne-
glects, or refuses to provide such information, or know-
ingly 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