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42 U.S.C. § 7384w — Separate treatment of certain uranium employees
Federal law — U.S. Code and appendices · legal_authorities
**(a) Compensation provided** An individual who receives, or has received, $100,000 under section 5 of 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) for a claim made under that Act (hereafter in this section referred to as a “covered uranium employee”), or the survivor of that covered uranium 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384t&num=0&edition=prelim) 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 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 pa
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Stable record: federal_law:legal_authorities:record_usc_ce4a0725a7c843ea21d1d831
Source file: Laws/federal/codes/united-states-code/title-42/section-7384w-separate-treatment-of-certain-uranium-employees--2141e43878.md
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Source location: Title 42, Chapter 84, § 7384w; chapter-084-department-of-energy.md
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**(a) Compensation provided** An individual who receives, or has received, $100,000 under section 5 of 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) for a claim made under that Act (hereafter in this section referred to as a “covered uranium employee”), or the survivor of that covered uranium 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384t&num=0&edition=prelim) 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 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) Procedures required** The President shall establish procedures to identify and notify each covered uranium employee, or the survivor of that covered uranium employee if that employee is deceased, of the availability of compensation and benefits under this section.
**(g) 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) Requirement of financial protection for licensees** Each license issued under section 2133 or 2134 of this title and each construction permit issued under [section 2235 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2235&num=0&edition=prelim) shall, and each license issued under section 2073, 2093, or 2111 of this title may, for the public purposes cited in [section 2012(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2012/i&num=0&edition=prelim), have as a condition of the license a requirement that the licensee have and maintain financial protection of such type and in such amounts as the Nuclear Regulatory Commission (in this section referred to as the “Commission”) in the exercise of its licensing and regulatory authority and responsibility shall require in accordance with subsection (b) to cover public liability claims. Whenever such financial protection is required, it may be a further condition of the license that the licensee execute and maintain an indemnification agreement in accordance with subsection (c). The Commission may require, as a further condition of issuing a license, that an applicant waive any immunity from public liability conferred by Federal or State law.
**(b) Amount and type of financial protection for licensees**
(1) The amount of primary financial protection required shall be the amount of liability insurance available from private sources, except that the Commission may establish a lesser amount on the basis of criteria set forth in writing, which it may revise from time to time, taking into consideration such factors as the following: (A) the cost and terms of private insurance, (B) the type, size, and location of the licensed activity and ot
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2210
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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
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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
Page 5496
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2209
guided by the policy of not making payments in
excess of the taxes which would have been pay-
able for such property in the condition in which
it was acquired, except in cases where special
burdens have been cast upon the State or local
government by activities of the Commission, the
Manhattan Engineer District or their agents. In
any such case, any benefit accruing to the State
or local government by reason of such activities
shall be considered in determining the amount
of the payment.
(Aug. 1, 1946, ch. 724, title I, § 168, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 952; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 1809(b) of this title, prior to the general amend-
ment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.
§ 2209. Subsidies
No funds of the Commission shall be employed
in the construction or operation of facilities li-
censed under section 2133 or 2134 of this title ex-
cept under contract or other arrangement en-
tered into pursuant to section 2051 of this title.
(Aug. 1, 1946, ch. 724, title I, § 169, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 952; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
§ 2210. Indemnification and limitation of liability
(a) Requirement of financial protection for li-
censees
Each license issued under section 2133 or 2134
of this title and each construction permit issued
under section 2235 of this title shall, and each li-
cense issued under section 2073, 2093, or 2111 of
this title may, for the public purposes cited in
section 2012(i) of thi
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2210
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2210. This identifies an authority to review, not proof of applicability.
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. § 7384w
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.