dreamproit/uscode huggingface dataset:
42 U.S.C. § 7384w (THE PUBLIC HEALTH AND WELFARE)
§ 7384w. Subpoenas; oaths; examination of witnesses
The Secretary of Labor, with respect to any matter under this part, may—
(1) issue subpoenas for and compel the attendance of witnesses;
(2) administer oaths;
(3) examine witnesses; and
(4) require the production of books, papers, documents, and other evidence.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3632], as added Pub. L. 108–375, div. C, title XXXI, § 3163(a), Oct. 28, 2004, 118 Stat. 2186.)
42 U.S.C. § 7384w–1 (THE PUBLIC HEALTH AND WELFARE)
§ 7384w–1. Completion of site profiles
(a) In general
To the extent that the Secretary of Labor determines it useful and practicable, the Secretary of Labor shall direct the Director of the National Institute for Occupational Safety and Health to prepare site profiles for a Department of Energy facility based on the records, files, and other data provided by the Secretary of Energy and such other information as is available, including information available from the former worker medical screening programs of the Department of Energy.
(b) Information
The Secretary of Energy shall furnish to the Secretary of Labor any information that the Secretary of Labor finds necessary or useful for the production of such site profiles, including records from the Department of Energy former worker medical screening program.
(c) Definition
In this section, the term “site profile” means an exposure assessment of a facility that identifies the toxic substances or processes that were commonly used in each building or process of the facility, and the time frame during which the potential for exposure to toxic substances existed.
(d) Time frames
The Secretary of Health and Human Services shall establish time frames for completing site profiles for those Department of Energy facilities for which a site profile has not been completed. Not later than March 1, 2005, the Secretary of Health and Human Services shall submit to Congress a report setting forth those time frames.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3633], as added Pub. L. 108–375, div. C, title XXXI, § 3166(c), Oct. 28, 2004, 118 Stat. 2189.)
42 U.S.C. § 7385 (THE PUBLIC HEALTH AND WELFARE)
§ 7385. Offset for certain payments
A payment of compensation to an individual, or to a survivor of that individual, under this subchapter 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 the exposure for which compensation is payable under this subchapter.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3641], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L. 108–375, div. C, title XXXI, § 3162(a), Oct. 28, 2004, 118 Stat. 2186.)
heading: Amendments
text: 2004—Pub. L. 108–375 substituted “this subchapter” for “part B” and “on account of the exposure for which compensation is payable under this subchapter” for “on account of the exposure of a covered beryllium employee, covered employee with cancer, covered employee with chronic silicosis (as defined in section 7384r of this title), or covered uranium employee (as defined in section 7384u of this title), while so employed, to beryllium, radiation, silica, or radiation, respectively”.
42 U.S.C. § 7385a (THE PUBLIC HEALTH AND WELFARE)
§ 7385a. Subrogation of the United States
Upon payment of compensation under this subchapter, the United States 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 section 7385 of this title.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3642], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L. 108–375, div. C, title XXXI, § 3162(b), Oct. 28, 2004, 118 Stat. 2186.)
heading: Amendments
text: 2004—Pub. L. 108–375 substituted “this subchapter” for “part B”.
42 U.S.C. § 7385b (THE PUBLIC HEALTH AND WELFARE)
§ 7385b. Payment in full settlement of claims
Except as provided in part E, the acceptance by an individual of payment of compensation under part B with respect to a covered employee shall be in full satisfaction of all claims of or on behalf of that individual against the United States, against a Department of Energy contractor or subcontractor, beryllium vendor, or atomic weapons employer, or against any person with respect to that person’s performance of a contract with the United States, that arise out of an exposure referred to in section 7385 of this title.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3643], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L. 108–375, div. C, title XXXI, § 3162(c), Oct. 28, 2004, 118 Stat. 2186.)
heading: Amendments
text: 2004—Pub. L. 108–375 substituted “Except as provided in part E, the acceptance” for “The acceptance”.
42 U.S.C. § 7385c (THE PUBLIC HEALTH AND WELFARE)
§ 7385c. Exclusivity of remedy against the United States and against contractors and subcontractors
(a) In general
The liability of the United States or an instrumentality of the United States under this subchapter with respect to a cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death related thereto of a covered employee is exclusive and instead of all other liability—
(1) of—
(A) the United States;
(B) any instrumentality of the United States;
(C) a contractor that contracted with the Department of Energy to provide management and operation, management and integration, or environmental remediation of a Department of Energy facility (in its capacity as a contractor);
(D) a subcontractor that provided services, including construction, at a Department of Energy facility (in its capacity as a subcontractor); and
(E) an employee, agent, or assign of an entity specified in subparagraphs (A) through (D);
(2) to—
(A) the covered employee;
(B) the covered employee’s legal representative, spouse, dependents, survivors, and next of kin; and
(C) any other person, including any third party as to whom the covered employee, or the covered employee’s legal representative, spouse, dependents, survivors, or next of kin, has a cause of action relating to the cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death, otherwise entitled to recover damages from the United States, the instrumentality, the contractor, the subcontractor, or the employee, agent, or assign of one of them,
because of the cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death in any proceeding or action including a direct judicial proceeding, a civil action, a proceeding in admiralty, or a proceeding under a tort liability statute or the common law.
(b) Applicability
This section applies to all cases filed on or after October 30, 2000.
(c) Workers’ compensation
This section does not apply to an administrative or judicial proceeding under a Federal or State workers’ compensation law.
(d) Applicability to part E
This section applies with respect to part E to the covered medical condition or covered illness or death of a covered DOE contractor employee on the same basis as it applies with respect to part B to the cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death of a covered employee.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3644], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L. 108–375, div. C, title XXXI, § 3162(d), Oct. 28, 2004, 118 Stat. 2186.)
heading: Amendments
text: 2004—Subsec. (d). Pub. L. 108–375 added subsec. (d).
42 U.S.C. § 7385e (THE PUBLIC HEALTH AND WELFARE)
§ 7385e. Certification of treatment of payments under other laws
Compensation or benefits provided to an individual under this subchapter—
(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 or the amount of such benefits.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3646], Oct. 30, 2000, 114 Stat. 1654, 1654A–510; Pub. L. 108–375, div. C, title XXXI, § 3162(e), Oct. 28, 2004, 118 Stat. 2186.)
heading: Amendments
text: 2004—Pub. L. 108–375 substituted “this subchapter” for “part B”.
42 U.S.C. § 7385f (THE PUBLIC HEALTH AND WELFARE)
§ 7385f. Claims not assignable or transferable; choice of remedies
(a) Claims not assignable or transferable
No claim cognizable under this subchapter shall be assignable or transferable.
(b) Choice of remedies
No individual may receive more than one payment of compensation under part B.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3647], Oct. 30, 2000, 114 Stat. 1654, 1654A–511; Pub. L. 108–375, div. C, title XXXI, § 3162(f), Oct. 28, 2004, 118 Stat. 2186.)
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–375 substituted “this subchapter” for “part B”.
42 U.S.C. § 7385g (THE PUBLIC HEALTH AND WELFARE)
§ 7385g. Attorney fees
(a) General rule
Notwithstanding any contract, the representative of an individual may not receive, for services rendered in connection with the claim of an individual for payment of lump-sum compensation under part B, more than that percentage specified in subsection (b) of this section of a payment made under part B on such claim.
(b) Applicable percentage limitations
The percentage referred to in subsection (a) of this section is—
(1) 2 percent for the filing of an initial claim for payment of lump-sum compensation; and
(2) 10 percent with respect to objections to a recommended decision denying payment of lump-sum compensation.
(c) Inapplicability to other services
This section shall not apply with respect to services rendered that are not in connection with such a claim for payment of lump-sum compensation.
(d) Penalty
Any such representative who violates this section shall be fined not more than $5,000.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3648], Oct. 30, 2000, 114 Stat. 1654, 1654A–511; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(6), Dec. 28, 2001, 115 Stat. 1375.)
heading: Amendments
text: 2001—Subsec. (a). Pub. L. 107–107, § 3151(a)(6)(A), inserted “for payment of lump-sum compensation” after “the claim of an individual”.
Subsec. (b)(1). Pub. L. 107–107, § 3151(a)(6)(B), inserted “for payment of lump-sum compensation” after “initial claim”.
Subsec. (b)(2). Pub. L. 107–107, § 3151(a)(6)(C), substituted “with respect to objections to a recommended decision denying payment of lump-sum compensation” for “with respect to any claim with respect to which a representative has made a contract for services before October 30, 2000”.
Subsecs. (c), (d). Pub. L. 107–107, § 3151(a)(6)(D), (E), added subsec. (c) and redesignated former subsec. (c) as (d).
42 U.S.C. § 7385h (THE PUBLIC HEALTH AND WELFARE)
§ 7385h. Certain claims not affected by awards of damages
A payment under this subchapter 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 subchapter shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to worker’s compensation.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3649], Oct. 30, 2000, 114 Stat. 1654, 1654A–511; Pub. L. 108–375, div. C, title XXXI, § 3162(g), Oct. 28, 2004, 118 Stat. 2186.)
heading: Amendments
text: 2004—Pub. L. 108–375 substituted “this subchapter” for “part B” in two places.
42 U.S.C. § 7385i (THE PUBLIC HEALTH AND WELFARE)
§ 7385i. Forfeiture of benefits by convicted felons
(a) Forfeiture of compensation
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 subchapter or under any other Federal or State workers’ compensation law, shall forfeit (as of the date of such conviction) any entitlement to any compensation or benefit under this subchapter such individual would otherwise be awarded for any injury, illness or death covered by this subchapter for which the time of injury was on or before the date of the conviction.
(b) Information
Notwithstanding section 552a of title 5, or any other Federal or State law, an agency of the United States, a State, or a political subdivision of a State shall make available to the President, upon written request from the President and if the President requires the information to carry out this section, the names and Social Security account numbers of individuals confined, for conviction of a felony, in a jail, prison, or other penal institution or correctional facility under the jurisdiction of that agency.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3650], Oct. 30, 2000, 114 Stat. 1654, 1654A–511; Pub. L. 108–375, div. C, title XXXI, § 3162(h), Oct. 28, 2004, 118 Stat. 2186.)
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–375 substituted “this subchapter” for “part B” wherever appearing.
42 U.S.C. § 7385j (THE PUBLIC HEALTH AND WELFARE)
§ 7385j. Coordination with other Federal radiation compensation laws
Except in accordance with section 7384u of this title, an individual may not receive compensation or benefits under the compensation program for cancer and also receive compensation under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) or section 1112(c) of title 38.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3651], Oct. 30, 2000, 114 Stat. 1654, 1654A–512.)
heading: References in Text
text: The Radiation Exposure Compensation Act, referred to in text, is Pub. L. 101–426, Oct. 15, 1990, 104 Stat. 920, as amended, which is set out as a note under section 2210 of this title.
42 U.S.C. § 7385j–1 (THE PUBLIC HEALTH AND WELFARE)
§ 7385j–1. Social Security earnings information
Notwithstanding the provision of section 552a of title 5 or any other provision of Federal or State law, the Social Security Administration shall make available to the Secretary of Labor, upon written request, the Social Security earnings information of living or deceased employees who may have sustained an illness that is the subject of a claim under this subchapter, which the Secretary of Labor may require to carry out the provisions of this subchapter.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3652], as added Pub. L. 108–375, div. C, title XXXI, § 3163(b), Oct. 28, 2004, 118 Stat. 2187.)
42 U.S.C. § 7385j–2 (THE PUBLIC HEALTH AND WELFARE)
§ 7385j–2. Recovery and waiver of overpayments
(a) In general
When an overpayment has been made to an individual under this subchapter because of an error of fact or law, recovery shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the recovery is completed, recovery shall be made by decreasing later benefits payable under this subchapter with respect to the individual’s death.
(b) Waiver
Recovery by the United States under this section may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience.
(c) Liability
A certifying or disbursing official is not liable for an amount certified or paid by him when recovery of the amount is waived under subsection (b) of this section, or when recovery under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3653], as added Pub. L. 108–375, div. C, title XXXI, § 3163(c), Oct. 28, 2004, 118 Stat. 2187.)
42 U.S.C. § 7385o (THE PUBLIC HEALTH AND WELFARE)
§ 7385o. Repealed. Pub. L. 108–375, div. C, title XXXI, § 3162(i), Oct. 28, 2004, 118 Stat. 2186
text: Section, Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3661], Oct. 30, 2000, 114 Stat. 1654, 1654A–512, authorized Secretary of Energy to enter agreements with States to provide assistance to Department of Energy contractor employees in filing claims under the appropriate State workers’ compensation system.
42 U.S.C. § 7385s (THE PUBLIC HEALTH AND WELFARE)
§ 7385s. Definitions
In this part:
(1) The term “covered DOE contractor employee” means any Department of Energy contractor employee determined under section 7385s–4 of this title to have contracted a covered illness through exposure at a Department of Energy facility.
(2) The term “covered illness” means an illness or death resulting from exposure to a toxic substance.
(3) The term “Secretary” means the Secretary of Labor.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3671], as added Pub. L. 108–375, div. C, title XXXI, § 3161, Oct. 28, 2004, 118 Stat. 2178.)
42 U.S.C. § 7385s–1 (THE PUBLIC HEALTH AND WELFARE)
§ 7385s–1. Compensation to be provided
Subject to the other provisions of this part:
(1) Contractor employees
A covered DOE contractor employee shall receive contractor employee compensation under this part in accordance with section 7385s–2 of this title.
(2) Survivors
After the death of a covered DOE contractor employee, compensation referred to in paragraph (1) shall not be paid. Instead, the survivor of that employee shall receive compensation as follows:
(A) Except as provided in subparagraph (B), the survivor of that employee shall receive contractor employee compensation under this part in accordance with section 7385s–3 of this title.
(B) In a case in which the employee’s death occurred after the employee applied under this part and before compensation was paid under paragraph (1), and the employee’s death occurred from a cause other than the covered illness of the employee, the survivor of that employee may elect to receive, in lieu of compensation under subparagraph (A), the amount of contractor employee compensation that the employee would have received in accordance with section 7385s–2 of this title if the employee’s death had not occurred before compensation was paid under paragraph (1).
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3672], as added Pub. L. 108–375, div. C, title XXXI, § 3161, Oct. 28, 2004, 118 Stat. 2178.)
42 U.S.C. § 7385s–4 (THE PUBLIC HEALTH AND WELFARE)
§ 7385s–4. Determinations regarding contraction of covered illnesses
(a) Cases determined under part B
A determination under part B that a Department of Energy contractor employee is entitled to compensation under that part for an occupational illness shall be treated for purposes of this part as a determination that the employee contracted that illness through exposure at a Department of Energy facility.
(b) Cases determined under former part D
In the case of a covered illness of an employee with respect to which a panel has made a positive determination under section 7385o(d) of this title and the Secretary of Energy has accepted that determination under section 7385o(e)(2) of this title, or with respect to which a panel has made a negative determination under section 7385o(d) of this title and the Secretary of Energy has found significant evidence to the contrary under section 7385o(e)(2) of this title, that determination shall be treated for purposes of this part as a determination that the employee contracted the covered illness through exposure at a Department of Energy facility.
(c) Other cases
(1) In any other case, a Department of Energy contractor employee shall be determined for purposes of this part to have contracted a covered illness through exposure at a Department of Energy facility if—
(A) it is at least as likely as not that exposure to a toxic substance at a Department of Energy facility was a significant factor in aggravating, contributing to, or causing the illness; and
(B) it is at least as likely as not that the exposure to such toxic substance was related to employment at a Department of Energy facility.
(2) A determination under paragraph (1) shall be made by the Secretary.
(d) Applications by spouses and children
If a spouse or child of a Department of Energy contractor employee applies for benefits under this part, the Secretary shall make a determination under this section with respect to that employee without regard to whether the spouse is a “covered spouse”, or the child is a “covered child”, under this part.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3675], as added Pub. L. 108–375, div. C, title XXXI, § 3161, Oct. 28, 2004, 118 Stat. 2181.)
heading: References in Text
text: Section 7385o of this title, referred to in subsec. (b), was repealed by Pub. L. 108–375, div. C, title XXXI, § 3162(i), Oct. 28, 2004, 118 Stat. 2186.
42 U.S.C. § 7385s–5 (THE PUBLIC HEALTH AND WELFARE)
§ 7385s–5. Applicability to certain uranium employees
(a) In general
This part shall apply to—
(1) a section 5 payment recipient who contracted a section 5 illness through a section 5 exposure at a section 5 facility, or
(2) a section 5 uranium worker determined under section 7385s–4(c) of this title to have contracted a covered illness through exposure to a toxic substance at a section 5 mine or mill,
(or to the survivor of that employee, as applicable) on the same basis as it applies to a Department of Energy contractor employee determined under section 7385s–4 of this title to have contracted a covered illness through exposure to a toxic substance at a Department of Energy facility (or to the survivor of that employee, as applicable).
(b) Definitions
In this section:
(1) The term “section 5 payment recipient” means an individual who receives, or has received, $100,000 under section 5 of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) for a claim made under that Act.
(2) The terms “section 5 exposure”, “section 5 facility”, and “section 5 illness” mean the exposure, facility, and illness, respectively, to which an individual’s status as a section 5 payment recipient relates.
(3) The term “section 5 uranium worker” means an individual to whom subsection (a)(1)(A)(i) of section 5 of the Radiation Exposure Compensation Act applies (whether directly or by reason of subsection (a)(2) of this section).
(4) The term “section 5 mine or mill” means the mine or mill to which an individual’s status as a section 5 uranium worker relates.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3676], as added Pub. L. 108–375, div. C, title XXXI, § 3161, Oct. 28, 2004, 118 Stat. 2182.)
heading: References in Text
text: The Radiation Exposure Compensation Act, referred to in subsec. (b), is Pub. L. 101–426, Oct. 15, 1990, 104 Stat. 920, as amended, which is set out as a note under section 2210 of this title.
42 U.S.C. § 7385s–6 (THE PUBLIC HEALTH AND WELFARE)
§ 7385s–6. Administrative and judicial review
(a) Judicial review
A person adversely affected or aggrieved by a final decision of the Secretary under this part may review that order in the United States district court in the district in which the injury was sustained, the employee lives, the survivor lives, or the District of Columbia, by filing in such court within 60 days after the date on which that final decision was issued a written petition praying that such decision be modified or set aside. The person shall also provide a copy of the petition to the Secretary. Upon such filing, the court shall have jurisdiction over the proceeding and shall have the power to affirm, modify, or set aside, in whole or in part, such decision. The court may modify or set aside such decision only if the court determines that such decision was arbitrary and capricious.
(b) Administrative review
The Secretary shall ensure that recommended decisions of the Secretary with respect to a claim under this part are subject to administrative review. The Secretary shall prescribe regulations for carrying out such review or shall apply to this part the regulations applicable to recommended decisions under part B.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3677], as added Pub. L. 108–375, div. C, title XXXI, § 3161, Oct. 28, 2004, 118 Stat. 2182.)