dreamproit/uscode huggingface dataset:
42 U.S.C. § 7384g (THE PUBLIC HEALTH AND WELFARE)
§ 7384g. Authorization of appropriations
(a) In general
Pursuant to the authorization of appropriations in section 3103(a),1 $25,000,000 may be used for purposes of carrying out this subchapter.
(b) Compensation fund
There is hereby authorized to be appropriated $250,000,000 to the Energy Employees Occupational Illness Compensation Fund established by section 7384e of this title.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3614], Oct. 30, 2000, 114 Stat. 1654, 1654A–498.)
heading: Editorial Notes
heading: References in Text
text: Section 3103(a), referred to in subsec. (a), means section 1 [div. C, title XXXVI, § 3103(a)] of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654, 1654A–449, which is not classified to the Code.
42 U.S.C. § 7384m (THE PUBLIC HEALTH AND WELFARE)
§ 7384m. Expansion of list of beryllium vendors
Not later than December 31, 2002, the President may, in consultation with the Secretary of Energy, designate as a beryllium vendor for purposes of section 7384l(6) of this title any vendor, processor, or producer of beryllium or related products not previously listed under or designated for purposes of such section 7384l(6) of this title if the President finds that such vendor, processor, or producer has been engaged in activities related to the production or processing of beryllium for sale to, or use by, the Department of Energy in a manner similar to the entities listed in such section 7384l(6) of this title.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3622], Oct. 30, 2000, 114 Stat. 1654, 1654A–502.)
heading: Executive Documents
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. § 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: Executive Documents
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. § 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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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 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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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. § 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: Editorial Notes
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)).
(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: Editorial Notes
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. § 7386...7386k (THE PUBLIC HEALTH AND WELFARE)
§§ 7386 to 7386k. Transferred
heading: Editorial Notes
heading: Codification
text: Sections 7386 to 7386k, Pub. L. 107–314, div. C, title XXXVI, §§ 3620–3631, Dec. 2, 2002, 116 Stat. 2756–2762, were renumbered sections 4701 to 4712, respectively, of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1781, and are classified to sections 2741 to 2752, respectively, of Title 50, War and National Defense.
Section 7386 related to definitions for purposes of former sections 7386 to 7386k of this title.
Section 7386a related to reprogramming of amounts appropriated pursuant to a Department of Energy national security authorization.
Section 7386b related to minor construction projects.
Section 7386c related to limits on construction projects.
Section 7386d related to fund transfer authority.
Section 7386e related to conceptual and construction design.
Section 7386f related to authority for emergency planning, design, and construction activities.
Section 7386g related to scope of authority to carry out plant projects.
Section 7386h related to availability of funds.
Section 7386i related to transfer of defense environmental management funds.
Section 7386j related to transfer of weapons activities funds.
Section 7386k related to funds available for all national security programs of the Department of Energy.