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42 U.S.C. § 7384 — Office of Ombudsman

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

42 U.S.C. § 7384 — Office of Ombudsman

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Source file: Laws/federal/codes/united-states-code/title-42/section-7384-office-of-ombudsman--21e4fb6ec8.md
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Source location: Title 42, Chapter 84, § 7384; chapter-084-department-of-energy.md

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**(a) Establishment** There is established in the Department of Labor an office to be known as the “Office of the Ombudsman” (in this section referred to as the “Office”). **(b) Head** The head of the Office shall be the Ombudsman. The individual serving as Ombudsman shall be either of the following: (1) An officer or employee of the Department of Labor designated by the Secretary for purposes of this section from among officers and employees of the Department who have experience and expertise necessary to carry out the duties of the Office specified in subsection (c). (2) An individual employed by the Secretary from the private sector from among individuals in the private sector who have experience and expertise necessary to carry out the duties of the Office specified in subsection (c). **(c) Duties** The duties of the Office shall be as follows: (1) To provide information on the benefits available under this part and part B and on the requirements and procedures applicable to the provision of such benefits. (2) To provide guidance and assistance to claimants. (3) To make recommendations to the Secretary regarding the location of centers (to be known as “resource centers”) for the acceptance and development of claims for benefits under this part and part B. (4) To carry out such other duties with respect to this part and part B as the Secretary shall specify for purposes of this section. **(d) Independent Office** The Secretary shall take appropriate actions to ensure the independence of the Office within the Department of Labor, including independence from other officers and employees of the Department engaged in activities relating to the administration of the provisions of this part and part B. **(e) Annual report** (1) Not later than July 30 each year, the Ombudsman shall submit to Congress a report on activities under this part and part B. (2) Each report under paragraph (1) shall set forth the following: (A) The number and types of complaints, grievances, and requests for assistance received by the Ombudsman under this part and part B during the preceding year. (B) An assessment of the most common difficulties encountered by claimants and potential claimants under this part and part B during the preceding year. (3) The first report under paragraph (1) shall be the report submitted in 2006. (4) Not later than 180 days after the submission to Congress of the annual report under paragraph (1), the Secretary shall submit to Congress in writing, and post on the public Internet website of the Department of Labor, a response to the report that— (A) includes a statement of whether the Secretary agrees or disagrees with the specific issues raised by the Ombudsman in the report; (B) if the Secretary agrees with the Ombudsman on those issues, describes the actions to be taken to correct those issues; and (C) if the Secretary does not agree with the Ombudsman on those issues, describes the reasons the Secretary does not agree. **(f) Outreach** The Secretary of Labor and the Secretary of Health and Human Services shall each undertake outreach to advise the public of the existence and duties of the Office. **(g) National Institute for Occupational Safety and Health Ombudsman** In carrying out the duties of the Ombudsman under this section, the Ombudsman shall work with the individual employed by the National Institute for Occupational Safety and Health to serve as an ombudsman to individuals making claims under part B.

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

38 U.S.C. § 1112 — Presumptions relating to certain diseases and disabilities

**(a)** For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim), and subject to the provisions of [section 1113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1113&num=0&edition=prelim), in the case of any veteran who served for ninety days or more during a period of war— (1) a chronic disease becoming manifest to a degree of 10 percent or more within one year from the date of separation from such service; (2) a tropical disease, and the resultant disorders or disease originating because of therapy, administered in connection with such diseases, or as a preventative thereof, becoming manifest to a degree of 10 percent or more within one year from the date of separation from such service, or at a time when standard or accepted treatises indicate that the incubation period thereof commenced during such service; (3) active tuberculous disease developing a 10 percent degree of disability or more within three years from the date of separation from such service; (4) multiple sclerosis developing a 10 percent degree of disability or more within seven years from the date of separation from such service; (5) Hansen’s disease developing a 10 percent degree of disability or more within three years from the date of separation from such service; shall be considered to have been incurred in or aggravated by such service, notwithstanding there is no record of evidence of such disease during the period of service. **(b)** (1) For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim) and subject to the provisions of [section 1113 of this title](https

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

42 U.S.C. § 7111 — Definitions

**(a)** As used in this chapter, unless otherwise provided or indicated by the context, the term the “Department” means the Department of Energy or any component thereof, including the Federal Energy Regulatory Commission. **(b)** As used in this chapter (1) reference to “function” includes reference to any duty, obligation, power, authority, responsibility, right, privilege, and activity, or the plural thereof, as the case may be; and (2) reference to “perform”, when used in relation to functions, includes the undertaking, fulfillment, or execution of any duty or obligation; and the exercise of power, authority, rights, and privileges. **(c)** As used in this chapter, “Federal lease” means an agreement which, for any consideration, including but not limited to, bonuses, rents, or royalties conferred and covenants to be observed, authorizes a person to explore for, or develop, or produce (or to do any or all of these) oil and gas, coal, oil shale, tar sands, and geothermal resources on lands or interests in lands under Federal jurisdiction.

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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

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

42 U.S.C. § 7384o — 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.

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

42 U.S.C. § 7384p — Exposure in the performance of duty

**(a) Beryllium** A covered beryllium employee shall, in the absence of substantial evidence to the contrary, be determined to have been exposed to beryllium in the performance of duty for the purposes of the compensation program if, and only if, the covered beryllium employee was— (1) employed at a Department of Energy facility; or (2) present at a Department of Energy facility, or a facility owned and operated by a beryllium vendor, because of employment by the United States, a beryllium vendor, or a contractor or subcontractor of the Department of Energy, during a period when beryllium dust, particles, or vapor may have been present at such facility. **(b) Cancer** An individual with cancer specified in subclause (I), (II), or (III) of section 7384l(9)(B)(ii) of this title shall be determined to have sustained that cancer in the performance of duty for purposes of the compensation program if, and only if, the cancer specified in that subclause was at least as likely as not related to employment at the facility specified in that subclause, as determined in accordance with the guidelines established under subsection (c). **(c) Guidelines** (1) For purposes of the compensation program, the President shall by regulation establish guidelines for making the determinations required by subsection (b). (2) The President shall establish such guidelines after technical review by the Advisory Board on Radiation and Worker Health under section 7384o of this title. (3) Such guidelines shall— (A) be based on the radiation dose received by the employee (or a group of employees performing similar work) at such facility and the upper 99 percent confidence interval of the probability of causation in the radioepidemiological tables published under section 7(b) of the Orphan Dr

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7384p

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

42 U.S.C. § 7384w–1 — 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 contract

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

5 U.S.C. § 1013 — Termination of advisory committees

**(a) In General.—** (1) **Advisory committees in existence on january 5, 1973.—** — Each advisory committee that is in existence on January 5, 1973, shall terminate not later than the expiration of the 2-year period following that date unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government, such advisory committee is renewed by the President or that officer by appropriate action prior to the expiration of such 2-year period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. (2) **Advisory committees established after january 5, 1973.—** — Each advisory committee established after January 5, 1973, shall terminate not later than the expiration of the 2-year period beginning on the date of its establishment unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government 11 So in original. Probably should be followed by a comma. such advisory committee is renewed by the President or such officer by appropriate action prior to the end of such period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. **(b) Charters.—** (1) **Upon renewal.—** — Upon the renewal of an advisory committee, the advisory committee shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1008/c&num=0&edition=prelim). (2) **Upon expiration of successive 2-year periods.—** — An advisory committee established by an Act of Congress shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.x

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

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

Page 7134 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7383j (E) The Nevada Test Site, Nevada. (Pub. L. 106–65, div. C, title XXXI, § 3155, Oct. 5, 1999, 113 Stat. 942.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle D of title XXXI of div. C of Pub. L. 106–65, Oct. 5, 1999, 113 Stat. 931, which is classified principally to this subchapter. For com- plete classification of subtitle D to the Code, see Short Title note set out under section 7383 of this title and Tables. § 7383j. Definition of Restricted Data In this subchapter, the term ‘‘Restricted Data’’ has the meaning given that term in sec- tion 2014(y) of this title. (Pub. L. 106–65, div. C, title XXXI, § 3156, Oct. 5, 1999, 113 Stat. 942.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle D of title XXXI of div. C of Pub. L. 106–65, Oct. 5, 1999, 113 Stat. 931, which is classified principally to this subchapter. For com- plete classification of subtitle D to the Code, see Short Title note set out under section 7383 of this title and Tables. SUBCHAPTER XVI—ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM Editorial Notes CODIFICATION This subchapter was enacted as title XXXVI of div. C of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, known as the Energy Employ- ees Occupational Illness Compensation Program Act of 2000, and not as part of the Department of Energy Orga- nization Act which comprises this chapter. § 7384. Findings; sense of Congress (a) Findings The Congress finds the following: (1) Since World War II, Federal nuclear ac- tivities have been explicitly recognized under Fed

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7384

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