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42 U.S.C. § 7384r — Responsibilities of Secretary of Health and Human Services
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Health and Human Services shall carry out that Secretary’s responsibilities with respect to the compensation program with the assistance of the Director of the National Institute for Occupational Safety and Health.
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Source file: Laws/federal/codes/united-states-code/title-42/section-7384r-responsibilities-of-secretary-of-health-and-human-services--fccaea715e.md
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Source location: Title 42, Chapter 84, § 7384r; chapter-084-department-of-energy.md
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The Secretary of Health and Human Services shall carry out that Secretary’s responsibilities with respect to the compensation program with the assistance of the Director of the National Institute for Occupational Safety and Health.
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7384n
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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
Page 7144
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7384r
1 So in original. A closing parenthesis should probably follow
‘‘title’’.
exposures, including access to Restricted Data
(as defined in section 2014(y) of this title.1
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3626],
Oct. 30, 2000, 114 Stat. 1654, 1654A–504; Pub. L.
107–107, div. C, title XXXI, § 3151(a)(2), Dec. 28,
2001, 115 Stat. 1372; Pub. L. 108–375, div. C, title
XXXI, § 3166(b)(1), Oct. 28, 2004, 118 Stat. 2188.)
Editorial Notes
AMENDMENTS
2004—Subsecs. (c), (d). Pub. L. 108–375 added subsec.
(c) and redesignated former subsec. (c) as (d).
2001—Subsec. (b). Pub. L. 107–107 inserted ‘‘, or at an
atomic weapons employer facility,’’ after ‘‘Department
of Energy facility’’ in introductory provisions.
§ 7384r. Separate treatment of chronic silicosis
(a) Sense of Congress
Congress finds that employees who worked in
Department of Energy test sites and later con-
tracted chronic silicosis should also be consid-
ered 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 in-
tent of Congress with this subchapter to estab-
lish a precedent on the question of chronic sili-
cosis as a compensable occupational disease.
Consequently, it is the sense of Congress that a
further determination by the President is appro-
priate 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 de-
fined in section 7384l(1) of this title) for the pur-
poses of the compensation program required by
section 7384d of this title unless the President
submits to
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7384r
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