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42 U.S.C. § 7384w — Subpoenas; oaths; examination of wit-
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
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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
other support necessary for making claims, in-
cluding—
(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 develop-
ment 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 con-
tractor or subcontractor to provide information
relevant to a claim or potential claim under the
compensation program to the President.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3631],
Oct. 30, 2000, 114 Stat. 1654, 1654A–508.)
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of certain functions of the President
under this section, see Ex. Ord. No. 13179, Dec. 7, 2000,
65 F.R. 77487, set out as a note under section 7384 of this
title.
§ 7384w. Subpoenas; oaths; examination of wit-
nesses
The Secretary of Labor, with respect to any
matter under this part, may—
(1) issue subpoenas for and compel the at-
tendance of witnesses;
(2) administer oaths;
(3) examine witnesses; and
(4) require the production of books, papers,
documents, and other evidence.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3632],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3163(a), Oct. 28, 2004, 118 Stat. 2186.)
§ 7384w–1. Completion of site profiles
(a) In general
To the extent that the Secretary of Labor de-
termines it useful and practicable, the Secretary
of Labor shall direct the Director of the Na-
tional Institute for Occupational Safety and
Health to prepare site profiles for a Department
of Energy facility based on the records, files,
and other data provided by the Secretary of En-
ergy and such other information as is available,
including information available from the former
worker medical screening programs of the De-
partment of Energy.
(b) Information
The Secretary of Energy shall furnish to the
Secretary of Labor any information that the
Secretary of Labor finds necessary or useful for
the production of such site profiles, including
records from the Department of Energy former
worker medical screening program.
(c) Definition
In this section, the term ‘‘site profile’’ means
an exposure assessment of a facility that identi-
fies the toxic substances or processes that were
commonly used in each building or process of
the facility, and the time frame during which
the potential for exposure to toxic substances
existed.
(d) Time frames
The Secretary of Health and Human Services
shall establish time frames for completing site
profiles for those Department of Energy facili-
ties for which a site profile has not been com-
pleted. Not later than March 1, 2005, the Sec-
retary of Health and Human Services shall sub-
mit to Congress a report setting forth those
time frames.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3633],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3166(c), Oct. 28, 2004, 118 Stat. 2189.)
PART C—TREATMENT, COORDINATION, AND
FORFEITURE OF COMPENSATION AND BENEFITS
§ 7385. Offset for certain payments
A payment of compensation to an individual,
or to a survivor of that individual, under this
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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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