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42 U.S.C. § 7385 — Subpoenas; oaths; examination of witnesses
Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7385
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Stable record: federal_law:legal_authorities:record_usc_1926cb966771bccb8636eb1e
Source file: Laws/federal/codes/united-states-code/title-42/section-7385-subpoenas-oaths-examination-of-witnesses--8a49c62352.md
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Source location: Title 42, Chapter 84, § 7385; chapter-084-department-of-energy.md
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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.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds the following:
(1) Since World War II, Federal nuclear activities have been explicitly recognized under Federal law as activities that are ultra-hazardous. Nuclear weapons production and testing have involved unique dangers, including potential catastrophic nuclear accidents that private insurance carriers have not covered and recurring exposures to radioactive substances and beryllium that, even in small amounts, can cause medical harm.
(2) Since the inception of the nuclear weapons program and for several decades afterwards, a large number of nuclear weapons workers at sites of the Department of Energy and at sites of vendors who supplied the Cold War effort were put at risk without their knowledge and consent for reasons that, documents reveal, were driven by fears of adverse publicity, liability, and employee demands for hazardous duty pay.
(3) Many previously secret records have documented unmonitored exposures to radiation and beryllium and continuing problems at these sites across the Nation, at which the Department of Energy and its predecessor agencies have been, since World War II, self-regulating with respect to nuclear safety and occupational safety and health. No other hazardous Federal activity has been permitted to be carried out under such sweeping powers of self-regulation.
(4) The policy of the Department of Energy has been to litigate occupational illness claims, which has deterred workers from filing workers’ compensation claims and has imposed major financial burdens for such employees who have sought compensation. Contractors of the Department have been held harmless and the employees have been denied workers’ compensation coverage for occupational disease.
(5) Over the past 20 years, more than two dozen sci
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7384e
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7385&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7385c
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7385&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7385d
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Federal law — U.S. Code and appendices · legal_authorities
Page 7147
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7385
not the death is a result of the illness specified in sub-
section (b) of this section, a survivor of that employee
may, on behalf of that survivor and any other survivors
of that employee, receive the compensation provided
for under this section.
‘‘(2) The right to receive compensation under this sec-
tion shall be afforded to survivors in the same order of
precedence as that set forth in section 8109 of title 5.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107–107 effective July 1, 2001,
see section 3151(a)(4)(D) of Pub. L. 107–107, set out as a
note under section 7384l of this title.
§ 7384v. Assistance for claimants and potential
claimants
(a) Assistance for claimants
The President shall, upon the receipt of a re-
quest for assistance from a claimant under the
compensation program, provide assistance to
the claimant in connection with the claim, in-
cluding—
(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
ot
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7385
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