dreamproit/uscode huggingface dataset:
42 U.S.C. § 7381c–1 (THE PUBLIC HEALTH AND WELFARE)
§ 7381c–1. Partnerships with historically Black colleges and universities, Hispanic-serving institutions, and tribal colleges
(a) Definitions
In this section:
(1) Hispanic-serving institution
The term “Hispanic-serving institution” has the meaning given the term in section 1101a(a) of title 20.
(2) Historically Black college or university
The term “historically Black college or university” has the meaning given the term “part B institution” in section 1061 of title 20.
(3) National Laboratory
The term “National Laboratory” has the meaning given the term in section 15801 of this title.
(4) Science facility
The term “science facility” has the meaning given the term “single-purpose research facility” in section 16182 of this title.
(5) Tribal college
The term “tribal college” has the meaning given the term “tribally controlled college or university” in section 1801(a) of title 25.
(b) Education partnership
The Secretary shall require the director of each National Laboratory, and may require the head of any science facility, to increase the participation of historically Black colleges or universities, Hispanic-serving institutions, or tribal colleges in any activity that increases the capacity of the historically Black colleges or universities, Hispanic-serving institutions, or tribal colleges to train personnel in science or engineering.
(c) Activities
An activity described in subsection (b) includes—
(1) collaborative research;
(2) equipment transfer;
(3) training activities carried out at a National Laboratory or science facility; and
(4) mentoring activities carried out at a National Laboratory or science facility.
(d) Report
Not later than 2 years after August 8, 2005, the Secretary shall submit to Congress a report describing the activities carried out under this section.
(Pub. L. 101–510, div. C, title XXXI, § 3167, as added Pub. L. 109–58, title XI, § 1105(b)(2), Aug. 8, 2005, 119 Stat. 940; amended Pub. L. 110–315, title IX, § 941(k)(2)(M), Aug. 14, 2008, 122 Stat. 3467.)
heading: Prior Provisions
text: A prior section 3167 of Pub. L. 101–510 was renumbered section 3168 and is classified to section 7381d of this title.
heading: Amendments
text: 2008—Subsec. (a)(5). Pub. L. 110–315 made technical amendment to reference in original act which appears in text as reference to section 1801(a) of title 25.
42 U.S.C. § 7384e (THE PUBLIC HEALTH AND WELFARE)
§ 7384e. Establishment of Energy Employees Occupational Illness Compensation Fund
(a) Establishment
There is hereby established on the books of the Treasury a fund to be known as the “Energy Employees Occupational Illness Compensation Fund” (in this subchapter referred to as the “compensation fund”).
(b) Amounts in compensation fund
The compensation fund shall consist of the following amounts:
(1) Amounts appropriated to the compensation fund pursuant to the authorization of appropriations in section 7384g(b) of this title.
(2) Amounts transferred to the compensation fund under subsection (c).
(c) Financing of compensation fund
Upon the exhaustion of amounts in the compensation fund attributable to the authorization of appropriations in section 7384g(b) of this title, the Secretary of the Treasury shall transfer directly to the compensation fund from the General Fund of the Treasury, without further appropriation, such amounts as are further necessary to carry out the compensation program.
(d) Use of compensation fund
Subject to subsection (e), amounts in the compensation fund shall be used to carry out the compensation program.
(e) Administrative costs not paid from compensation fund
No cost incurred in carrying out the compensation program, or in administering the compensation fund, shall be paid from the compensation fund or set off against or otherwise deducted from any payment to any individual under the compensation program.
(f) Investment of amounts in compensation fund
Amounts in the compensation fund shall be invested in accordance with section 9702 of title 31, and any interest on, and proceeds from, any such investment shall be credited to and become a part of the compensation fund.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3612], Oct. 30, 2000, 114 Stat. 1654, 1654A–497.)
42 U.S.C. § 7384f (THE PUBLIC HEALTH AND WELFARE)
§ 7384f. Legislative proposal
(a) Legislative proposal required
Not later than March 15, 2001, the President shall submit to Congress a proposal for legislation to implement the compensation program. The proposal for legislation shall include, at a minimum, the specific recommendations (including draft legislation) of the President for the following:
(1) The types of compensation and benefits, including lost wages, medical benefits, and any lump-sum settlement payments, to be provided under the compensation program.
(2) Any adjustments or modifications necessary to appropriately administer the compensation program under part B.
(3) Whether to expand the compensation program to include other illnesses associated with exposure to toxic substances.
(4) Whether to expand the class of individuals who are members of the Special Exposure Cohort (as defined in section 7384l(14) of this title).
(b) Assessment of potential covered employees and required amounts
The President shall include with the proposal for legislation under subsection (a) the following:
(1) An estimate of the number of covered employees that the President determines were exposed in the performance of duty.
(2) An estimate, for each fiscal year of the compensation program, of the amounts to be required for compensation and benefits anticipated to be provided in such fiscal year under the compensation program.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3613], Oct. 30, 2000, 114 Stat. 1654, 1654A–498.)
42 U.S.C. § 7384r (THE PUBLIC HEALTH AND WELFARE)
§ 7384r. Separate treatment of chronic silicosis
(a) Sense of Congress
Congress finds that employees who worked in Department of Energy test sites and later contracted chronic silicosis should also be considered for inclusion in the compensation program. Recognizing that chronic silicosis resulting from exposure to silica is not a condition unique to the nuclear weapons industry, it is not the intent of Congress with this subchapter to establish a precedent on the question of chronic silicosis as a compensable occupational disease. Consequently, it is the sense of Congress that a further determination by the President is appropriate before these workers are included in the compensation program.
(b) Certification by President
A covered employee with chronic silicosis shall be treated as a covered employee (as defined in section 7384l(1) of this title) for the purposes of the compensation program required by section 7384d of this title unless the President submits to Congress not later than 180 days after October 30, 2000, the certification of the President that there is insufficient basis to include such employees. The President shall submit with the certification any recommendations about the compensation program with respect to covered employees with chronic silicosis as the President considers appropriate.
(c) Exposure to silica in the performance of duty
A covered employee shall, in the absence of substantial evidence to the contrary, be determined to have been exposed to silica in the performance of duty for the purposes of the compensation program if, and only if, the employee was present for a number of work days aggregating at least 250 work days during the mining of tunnels at a Department of Energy facility located in Nevada or Alaska for tests or experiments related to an atomic weapon.
(d) Covered employee with chronic silicosis
For purposes of this subchapter, the term “covered employee with chronic silicosis” means a Department of Energy employee, or a Department of Energy contractor employee, with chronic silicosis who was exposed to silica in the performance of duty as determined under subsection (c).
(e) Chronic silicosis
For purposes of this subchapter, the term “chronic silicosis” means a nonmalignant lung disease if—
(1) the initial occupational exposure to silica dust preceded the onset of silicosis by at least 10 years; and
(2) a written diagnosis of silicosis is made by a medical doctor and is accompanied by—
(A) a chest radiograph, interpreted by an individual certified by the National Institute for Occupational Safety and Health as a B reader, classifying the existence of pneumoconioses of category 1/0 or higher;
(B) results from a computer assisted tomograph or other imaging technique that are consistent with silicosis; or
(C) lung biopsy findings consistent with silicosis.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3627], Oct. 30, 2000, 114 Stat. 1654, 1654A–505; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(3), Dec. 28, 2001, 115 Stat. 1372.)
heading: Amendments
text: 2001—Subsec. (e)(2)(A). Pub. L. 107–107 substituted “category 1/0” for “category 1/1”.
42 U.S.C. § 7384v (THE PUBLIC HEALTH AND WELFARE)
§ 7384v. Assistance for claimants and potential claimants
(a) Assistance for claimants
The President shall, upon the receipt of a request for assistance from a claimant under the compensation program, provide assistance to the claimant in connection with the claim, including—
(1) assistance in securing medical testing and diagnostic services necessary to establish the existence of a covered beryllium illness, chronic silicosis, or cancer; and
(2) such other assistance as may be required to develop facts pertinent to the claim.
(b) Assistance for potential claimants
The President shall take appropriate actions to inform and assist covered employees who are potential claimants under the compensation program, and other potential claimants under the compensation program, of the availability of compensation under the compensation program, including actions to—
(1) ensure the ready availability, in paper and electronic format, of forms necessary for making claims;
(2) provide such covered employees and other potential claimants with information and other support necessary for making claims, including—
(A) medical protocols for medical testing and diagnosis to establish the existence of a covered beryllium illness, chronic silicosis, or cancer; and
(B) lists of vendors approved for providing laboratory services related to such medical testing and diagnosis; and
(3) provide such additional assistance to such covered employees and other potential claimants as may be required for the development of facts pertinent to a claim.
(c) Information from beryllium vendors and other contractors
As part of the assistance program provided under subsections (a) and (b), and as permitted by law, the Secretary of Energy shall, upon the request of the President, require a beryllium vendor or other Department of Energy contractor or subcontractor to provide information relevant to a claim or potential claim under the compensation program to the President.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3631], Oct. 30, 2000, 114 Stat. 1654, 1654A–508.)
heading: Delegation of Functions
text: For delegation of certain functions of the President under this section, see Ex. Ord. No. 13179, Dec. 7, 2000, 65 F.R. 77487, set out as a note under section 7384 of this title.
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 a payment made under part B on such claim.
(b) Applicable percentage limitations
The percentage referred to in subsection (a) 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. § 7385s–2 (THE PUBLIC HEALTH AND WELFARE)
§ 7385s–2. Compensation schedule for contractor employees
(a) Compensation provided
The amount of contractor employee compensation under this part for a covered DOE contractor employee shall be the sum of the amounts determined under paragraphs (1) and (2), as follows:
(1) Impairment
(A) The Secretary shall determine—
(i) the minimum impairment rating of that employee, expressed as a number of percentage points; and
(ii) the number of those points that are the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility.
(B) The employee shall receive an amount under this paragraph equal to $2,500 multiplied by the number referred to in clause (ii) of subparagraph (A).
(2) Wage loss
(A) The Secretary shall determine—
(i) the calendar month during which the employee first experienced wage loss as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility;
(ii) the average annual wage of the employee for the 36-month period immediately preceding the calendar month referred to in clause (i), excluding any portions of that period during which the employee was unemployed; and
(iii) beginning with the calendar year that includes the calendar month referred to in clause (i), through and including the calendar year during which the employee attained normal retirement age (for purposes of the Social Security Act [42 U.S.C. 301 et seq.])—
(I) the number of calendar years during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee’s annual wage exceeded 50 percent of the average annual wage determined under clause (ii), but did not exceed 75 percent of the average annual wage determined under clause (ii); and
(II) the number of calendar years during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee’s annual wage did not exceed 50 percent of the average annual wage determined under clause (ii).
(B) The employee shall receive an amount under this paragraph equal to the sum of—
(i) $10,000 multiplied by the number referred to in clause (iii)(I) of subparagraph (A); and
(ii) $15,000 multiplied by the number referred to in clause (iii)(II) of subparagraph (A).
(b) Determination of minimum impairment rating
For purposes of subsection (a), a minimum impairment rating shall be determined in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3673], as added Pub. L. 108–375, div. C, title XXXI, § 3161, Oct. 28, 2004, 118 Stat. 2179.)
heading: References in Text
text: The Social Security Act, referred to in subsec. (a)(2)(A)(iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
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)).
(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–11 (THE PUBLIC HEALTH AND WELFARE)
§ 7385s–11. Coordination of benefits with respect to State workers compensation
(a) In general
An individual who has been awarded compensation under this part, and who has also received benefits from a State workers compensation system by reason of the same covered illness, shall receive compensation specified in this part reduced by the amount of any workers compensation benefits, other than medical benefits and benefits for vocational rehabilitation, that the individual has received under the State workers compensation system by reason of the covered illness, after deducting the reasonable costs, as determined by the Secretary, of obtaining those benefits under the State workers compensation system.
(b) Waiver
The Secretary may waive the provisions of subsection (a) if the Secretary determines that the administrative costs and burdens of implementing subsection (a) with respect to a particular case or class of cases justifies such a waiver.
(c) Information
Notwithstanding any other provision of law, each State workers compensation authority shall, upon request of the Secretary, provide to the Secretary on a quarterly basis information concerning workers compensation benefits received by any covered DOE contractor employee entitled to compensation or benefits under this part, which shall include the name, Social Security number, and nature and amount of workers compensation benefits for each such employee for which the request was made.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3682], as added Pub. L. 108–375, div. C, title XXXI, § 3161, Oct. 28, 2004, 118 Stat. 2184.)
42 U.S.C. § 10826 (THE PUBLIC HEALTH AND WELFARE)
§ 10826. Administration
(a) In general
The Secretary shall carry out this subchapter through the Administrator of the Substance Abuse and Mental Health Services Administration.
(b) Regulations
Not later than 6 months after November 27, 1991, the Secretary shall promulgate final regulations to carry out this subchapter and subchapter III.
(Pub. L. 99–319, title I, § 116, May 23, 1986, 100 Stat. 485; Pub. L. 102–173, § 9, Nov. 27, 1991, 105 Stat. 1219; Pub. L. 102–321, title I, § 163(c)(3)(B), July 10, 1992, 106 Stat. 377.)
heading: Amendments
text: 1992—Subsec. (a). Pub. L. 102–321 substituted “the Substance Abuse and Mental Health Services Administration” for “the Alcohol, Drug Abuse, and Mental Health Administration”.
1991—Pub. L. 102–173 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–321 effective Oct. 1, 1992, see section 801(c) of Pub. L. 102–321, set out as a note under section 236 of this title.
42 U.S.C. § 14137 (THE PUBLIC HEALTH AND WELFARE)
§ 14137. Definitions
For purposes of sections 14137 to 14137c of this title:
(1) DNA arrestee collection process
The term “DNA arrestee collection process” means, with respect to a State, a process under which the State provides for the collection, for purposes of inclusion in the index described in section 14132(a) of this title (in sections 14137 to 14137c of this title referred to as the “National DNA Index System”), of DNA profiles or DNA data from the following individuals who are at least 18 years of age:
(A) Individuals who are arrested for or charged with a criminal offense under State law that consists of a homicide.
(B) Individuals who are arrested for or charged with a criminal offense under State law that has an element involving a sexual act or sexual contact with another and that is punishable by imprisonment for more than 1 year.
(C) Individuals who are arrested for or charged with a criminal offense under State law that has an element of kidnaping or abduction and that is punishable by imprisonment for more than 1 year.
(D) Individuals who are arrested for or charged with a criminal offense under State law that consists of burglary punishable by imprisonment for more than 1 year.
(E) Individuals who are arrested for or charged with a criminal offense under State law that consists of aggravated assault punishable by imprisonment for more than 1 year.
(2) State
The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
(Pub. L. 112–253, § 2, Jan. 10, 2013, 126 Stat. 2407.)
heading: References in Text
text: Sections 14137 to 14137c of this title, referred to in text, was in the original “this Act”, meaning Pub. L. 112–253, Jan. 10, 2013, 126 Stat. 2407, known as the Katie Sepich Enhanced DNA Collection Act of 2012, which enacted sections 14137 to 14137c of this title and amended section 14135 of this title. For complete classification of this Act to the Code, see Short Title of 2013 Amendment note set out under section 13701 of this title and Tables.
heading: Codification
text: Section was enacted as part of the Katie Sepich Enhanced DNA Collection Act of 2012, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.