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42 U.S.C. § 7384m — Authorization of appropriations

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42 U.S.C. § 7384m — Authorization of appropriations

**(a) In general** Pursuant to the authorization of appropriations in section 3103(a),11 See References in Text note below. $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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384e&num=0&edition=prelim).

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Source location: Title 42, Chapter 84, § 7384m; chapter-084-department-of-energy.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7384e — Findings; sense of Congress

**(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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7384n — Definitions for program administration

In this subchapter: (1) The term “covered employee” means any of the following: (A) A covered beryllium employee. (B) A covered employee with cancer. (C) To the extent provided in [section 7384r of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384r&num=0&edition=prelim), a covered employee with chronic silicosis (as defined in that section). (2) The term “atomic weapon” has the meaning given that term in [section 2014(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/d&num=0&edition=prelim). (3) The term “atomic weapons employee” means any of the following: (A) An individual employed by an atomic weapons employer during a period when the employer was processing or producing, for the use by the United States, material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and milling. (B) An individual employed— (i) at a facility with respect to which the National Institute for Occupational Safety and Health, in its report dated October 2003 and titled “Report on Residual Radioactive and Beryllium Contamination at Atomic Weapons Employer Facilities and Beryllium Vendor Facilities”, or any update to that report, found that there is a potential for significant residual contamination outside of the period in which weapons-related production occurred; (ii) by an atomic weapons employer or subsequent owner or operators of a facility described in clause (i); and (iii) during a period, as specified in such report or any update to such report, of potential for significant residual radioactive contamination at such facility. (4) The term “atomic weapons employer” means an entity, other than the United States, th

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7384m — Expansion of list of beryllium vendors

Page 7141 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7384n 107–20, title II, § 2403(a), July 24, 2001, 115 Stat. 175; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(1), (4)(C), Dec. 28, 2001, 115 Stat. 1371, 1374; Pub. L. 108–375, div. C, title XXXI, §§ 3166(b)(2), 3168(a), Oct. 28, 2004, 118 Stat. 2189, 2190; Pub. L. 118–31, div. E, title LV, § 5501(b), Dec. 22, 2023, 137 Stat. 956.) Editorial Notes REFERENCES IN TEXT Executive Order No. 12344, referred to in par. (12)(A), is set out as a note under section 2511 of Title 50, War and National Defense. Section 4(b)(2) of the Radiation Exposure Compensa- tion Act, referred to in par. (17)(A), is section 4(b)(2) of Pub. L. 101–426, which is set out in a note under section 2210 of this title. AMENDMENTS 2023—Par. (8)(A). Pub. L. 118–31 inserted dash after ‘‘established by’’, designated remainder of existing pro- visions as cl. (i), and added cl. (ii). 2004—Par. (3). Pub. L. 108–375, § 3168(a), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘The term ‘atomic weapons employee’ means an individual employed by an atomic weapons employer during a period when the employer was processing or producing, for the use by the United States, material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and milling.’’ Par. (14)(C)(ii). Pub. L. 108–375, § 3166(b)(2), substituted ‘‘30 days’’ for ‘‘180 days’’. 2001—Par. (17)(C). Pub. L. 107–20 added subpar. (C). Par. (17)(D). Pub. L. 107–107, § 3151(a)(1), added subpar. (D). Par. (18). Pub. L. 107–107, § 3151(a)(4)(C), struck out par. (18) which read as follows: ‘‘The term ‘survivor’ means any individual or individuals eligible to receive compensation pursuant to section 8133 of

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