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Q: 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.
A:
Beryllium Exposure Compensation Act - Provides jurisdiction and procedures for affording relief for injuries arising out of exposure to hazards involved in the mining and processing of beryllium.
(Sec. 3) Establishes the Beryllium Exposure Compensation Trust Fund in the Treasury. Directs the Secretary of the Treasury to administer the Fund. Requires amounts in the Fund to be: (1) invested in accordance with specified law; and (2) available only for disbursement by the Attorney General (AG) under this Act. Terminates the Fund after 30 years. Authorizes appropriations.
(Sec. 4) Requires an eligible beryllium worker to receive $100,000 if the AG determines that the claim filed by or on behalf of that individual meets certain requirements for payment. Makes individuals eligible if they: (1) were employed at a beryllium industry site; (2) were 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.
(Sec. 5) Directs the AG to establish: (1) procedures for claims submission and payment, including documentation of individual employment and exposure, as well as written medical documentation of the development of a related condition; and (2) guidelines for claims determination, in consultation with other specified Federal officials.
Sets forth claims payment requirements, including provisions for: (1) payments to, and claims by, survivors; and (2) treatment of payments under other laws.
Requires the AG to complete each claim determination within 12 months after the claim is filed.
(Sec. 11) Directs the Secretary of Health and Human Services to report to Congress by the end of FY 2003 on the incidence of beryllium-related illness among workers employed at beryllium industry sites.
(Sec. 12) Provides for budget Act compliance.