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42 U.S.C. § 7384u — Compensation and benefits to be provided
Federal law — U.S. Code and appendices · legal_authorities
**(a) Compensation provided**
(1) Except as provided in paragraph (2), a covered employee, or the survivor of that covered employee if the employee is deceased, shall receive compensation for the disability or death of that employee from that employee’s occupational illness in the amount of $150,000.
(2) A covered employee shall, to the extent that employee’s occupational illness is established beryllium sensitivity, receive beryllium sensitivity monitoring under subsection (c) in lieu of compensation under paragraph (1).
**(b) Medical benefits** A covered employee shall receive medical benefits under [section 7384t of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384t&num=0&edition=prelim) for that employee’s occupational illness.
**(c) Beryllium sensitivity monitoring** An individual receiving beryllium sensitivity monitoring under this subsection shall receive the following:
(1) A thorough medical examination to confirm the nature and extent of the individual’s established beryllium sensitivity.
(2) Regular medical examinations thereafter to determine whether that individual has developed established chronic beryllium disease.
**(d) Payment from compensation fund** The compensation provided under this section, when authorized or approved by the President, shall be paid from the compensation fund established under [section 7384e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384e&num=0&edition=prelim).
**(e) Payments in the case of deceased persons**
(1) In the case of a covered employee who is deceased at the time of payment of compensation under this section, whether or not the death is the result of the covered employee’s occupational illness, such payment may be made o
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Stable record: federal_law:legal_authorities:record_usc_253701f8c3fdaf423a44e094
Source file: Laws/federal/codes/united-states-code/title-42/section-7384u-compensation-and-benefits-to-be-provided--2be13a596e.md
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Source location: Title 42, Chapter 84, § 7384u; chapter-084-department-of-energy.md
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**(a) Compensation provided**
(1) Except as provided in paragraph (2), a covered employee, or the survivor of that covered employee if the employee is deceased, shall receive compensation for the disability or death of that employee from that employee’s occupational illness in the amount of $150,000.
(2) A covered employee shall, to the extent that employee’s occupational illness is established beryllium sensitivity, receive beryllium sensitivity monitoring under subsection (c) in lieu of compensation under paragraph (1).
**(b) Medical benefits** A covered employee shall receive medical benefits under [section 7384t of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384t&num=0&edition=prelim) for that employee’s occupational illness.
**(c) Beryllium sensitivity monitoring** An individual receiving beryllium sensitivity monitoring under this subsection shall receive the following:
(1) A thorough medical examination to confirm the nature and extent of the individual’s established beryllium sensitivity.
(2) Regular medical examinations thereafter to determine whether that individual has developed established chronic beryllium disease.
**(d) Payment from compensation fund** The compensation provided under this section, when authorized or approved by the President, shall be paid from the compensation fund established under [section 7384e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384e&num=0&edition=prelim).
**(e) Payments in the case of deceased persons**
(1) In the case of a covered employee who is deceased at the time of payment of compensation under this section, whether or not the death is the result of the covered employee’s occupational illness, such payment may be made only as follows:
(A) If the covered employee is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse.
(B) If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to all children of the covered employee who are living at the time of payment.
(C) If there is no surviving spouse described in subparagraph (A) and if there are no children described in subparagraph (B), such payment shall be made in equal shares to the parents of the covered employee who are living at the time of payment.
(D) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B) or parents described in subparagraph (C), such payment shall be made in equal shares to all grandchildren of the covered employee who are living at the time of payment.
(E) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B), parents described in subparagraph (C), or grandchildren described in subparagraph (D), then such payment shall be made in equal shares to the grandparents of the covered employee who are living at the time of payment.
(F) Notwithstanding the other provisions of this paragraph, if there is—
(i) a surviving spouse described in subparagraph (A); and
(ii) at least one child of the covered employee who is living and a minor at the time of payment and who is not a recognized natural child or adopted child of such surviving spouse,
then half of such payment shall be made to such surviving spouse, and the other half of such payment shall be made in equal shares to each child of the covered employee who is living and a minor at the time of payment.
(2) If a covered employee eligible for payment dies before filing a claim under this subchapter, a survivor of that employee who may receive payment under paragraph (1) may file a claim for such payment.
(3) For purposes of this subsection—
(A) 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;
(B) a “child” includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child;
(C) a “parent” includes fathers and mothers through adoption;
(D) a “grandchild” of an individual is a child of a child of that individual; and
(E) a “grandparent” of an individual is a parent of a parent of that individual.
**(f) Effective date** This section shall take effect on July 31, 2001, unless Congress otherwise provides in an Act enacted before that date.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384d&num=0&edition=prelim) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7384t
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If an individual—
(1) has sustained disability compensable under [section 8107(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8107/a&num=0&edition=prelim);
(2) has filed a valid claim in his lifetime; and
(3) dies from a cause other than the injury before the end of the period specified by the schedule;
the compensation specified by the schedule that is unpaid at his death, whether or not accrued or due at his death, shall be paid—
(A) under an award made before or after the death;
(B) for the period specified by the schedule;
(C) to and for the benefit of the persons then in being within the classes and proportions and on the conditions specified by this section; and
(D) in the following order of precedence:
(i) If there is no child, to the widow or widower.
(ii) If there are both a widow or widower and a child or children, one-half to the widow or widower and one-half to the child or children.
(iii) If there is no widow or widower, to the child or children.
(iv) If there is no survivor in the above classes, to the parent or parents wholly or partly dependent for support on the decedent, or to other wholly dependent relatives listed by [section 8133(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8133/a/5&num=0&edition=prelim), or to both in proportions provided by regulation.
(v) If there is no survivor in the above classes and no burial allowance is payable under [section 8134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8134&num=0&edition=prelim), an amount not exceeding that which would be expendable under [section 8134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-titl
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8109
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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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7385b
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Federal law — U.S. Code and appendices · legal_authorities
Except in accordance with [section 7384u of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384u&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2210&num=0&edition=prelim) note) or [section 1112(c) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1112/c&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7385j–2
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Federal law — U.S. Code and appendices · legal_authorities
Page 7146
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7384u
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3629],
Oct. 30, 2000, 114 Stat. 1654, 1654A–507.)
§ 7384u. Separate treatment of certain uranium
employees
(a) Compensation provided
An individual who receives, or has received,
$100,000 under section 5 of the Radiation Expo-
sure Compensation Act (42 U.S.C. 2210 note) for
a claim made under that Act (hereafter in this
section referred to as a ‘‘covered uranium em-
ployee’’), or the survivor of that covered ura-
nium employee if the employee is deceased,
shall receive compensation under this section in
the amount of $50,000.
(b) Medical benefits
A covered uranium employee shall receive
medical benefits under section 7384t of this title
for the illness for which that employee received
$100,000 under section 5 of that Act.
(c) Coordination with RECA
The compensation and benefits provided in
subsections (a) and (b) are separate from any
compensation or benefits provided under that
Act.
(d) Payment from compensation fund
The compensation provided under this section
and the compensation provided under section 5
of the Radiation Exposure Compensation Act,
when authorized or approved by the President,
shall be paid from the compensation fund estab-
lished under section 7384e of this title.
(e) Payments in the case of deceased persons
(1) In the case of a covered employee who is
deceased at the time of payment of compensa-
tion under this section, whether or not the
death is the result of the covered employee’s oc-
cupational illness, such payment may be made
only as follows:
(A) If the covered employee is survived by a
spouse who is living at the time of payment,
such payment shall be made to such surviving
spouse.
(B) If there is no survi
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7384u
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