42 U.S.C. § 7384r — Separate treatment of chronic silicosis

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 Congress not later than 180 days after October 30, 2000, the certification of the President that there is insufficient basis to in- clude such employees. The President shall sub- mit 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 deter- mined to have been exposed to silica in the per- formance of duty for the purposes of the com- pensation program if, and only if, the employee was present for a number of work days aggre- gating at least 250 work days during the mining of tunnels at a Department of Energy facility lo- cated in Nevada or Alaska for tests or experi- ments related to an atomic weapon. (d) Covered employee with chronic silicosis For purposes of this subchapter, the term ‘‘covered employee with chronic silicosis’’ means a Department of Energy employee, or a Department of Energy contractor employee, with chronic silicosis who was exposed to silica in the performance of duty as determined under subsection (c). (e) Chronic silicosis For purposes of this subchapter, the term ‘‘chronic silicosis’’ means a nonmalignant lung disease if— (1) the initial occupational exposure to silica dust preceded the onset of silicosis by at least 10 years; and (2) a written diagnosis of silicosis is made by a medical doctor and is accompanied by— (A) a chest radiograph, interpreted by an individual certified by the National Insti- tute for Occupational Safety and Health as a B reader, classifying the existence of pneumoconioses of category 1/0 or higher; (B) results from a computer assisted tomograph or other imaging technique that are consistent with silicosis; or (C) lung biopsy findings consistent with silicosis. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3627], Oct. 30, 2000, 114 Stat. 1654, 1654A–505; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(3), Dec. 28, 2001, 115 Stat. 1372.) Editorial Notes AMENDMENTS 2001—Subsec. (e)(2)(A). Pub. L. 107–107 substituted ‘‘category 1/0’’ for ‘‘category 1/1’’. § 7384s. Compensation and benefits to be pro- vided (a) Compensation provided (1) Except as provided in paragraph (2), a cov- ered employee, or the survivor of that covered employee if the employee is deceased, shall re- ceive compensation for the disability or death of that employee from that employee’s occupa- tional illness in the amount of $150,000. (2) A covered employee shall, to the extent that employee’s occupational illness is estab- lished 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 ben- efits under section 7384t of this title for that em- ployee’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 con- firm the nature and extent of the individual’s established beryllium sensitivity. (2) Regular medical examinations thereafter to determine whether that individual has de- veloped 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 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