42 U.S.C. § 7384g — Authorization of appropriations

Page 7138 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7384e 1 See References in Text note below. shall be determined in accordance with the pro- visions of part B as may be modified by a law enacted after the date of the submittal of the proposal for legislation required by section 7384f of this title. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3611], Oct. 30, 2000, 114 Stat. 1654, 1654A–497.) § 7384e. Establishment of Energy Employees Oc- cupational Illness Compensation Fund (a) Establishment There is hereby established on the books of the Treasury a fund to be known as the ‘‘Energy Employees Occupational Illness Compensation Fund’’ (in this subchapter referred to as the ‘‘compensation fund’’). (b) Amounts in compensation fund The compensation fund shall consist of the fol- lowing amounts: (1) Amounts appropriated to the compensa- tion fund pursuant to the authorization of ap- propriations in section 7384g(b) of this title. (2) Amounts transferred to the compensation fund under subsection (c). (c) Financing of compensation fund Upon the exhaustion of amounts in the com- pensation fund attributable to the authorization of appropriations in section 7384g(b) of this title, the Secretary of the Treasury shall transfer di- rectly to the compensation fund from the Gen- eral Fund of the Treasury, without further ap- propriation, such amounts as are further nec- essary to carry out the compensation program. (d) Use of compensation fund Subject to subsection (e), amounts in the com- pensation fund shall be used to carry out the compensation program. (e) Administrative costs not paid from compensa- tion fund No cost incurred in carrying out the com- pensation program, or in administering the com- pensation fund, shall be paid from the com- pensation fund or set off against or otherwise deducted from any payment to any individual under the compensation program. (f) Investment of amounts in compensation fund Amounts in the compensation fund shall be in- vested in accordance with section 9702 of title 31, and any interest on, and proceeds from, any such investment shall be credited to and become a part of the compensation fund. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3612], Oct. 30, 2000, 114 Stat. 1654, 1654A–497.) § 7384f. Legislative proposal (a) Legislative proposal required Not later than March 15, 2001, the President shall submit to Congress a proposal for legisla- tion to implement the compensation program. The proposal for legislation shall include, at a minimum, the specific recommendations (in- cluding draft legislation) of the President for the following: (1) The types of compensation and benefits, including lost wages, medical benefits, and any lump-sum settlement payments, to be pro- vided under the compensation program. (2) Any adjustments or modifications nec- essary to appropriately administer the com- pensation program under part B. (3) Whether to expand the compensation pro- gram to include other illnesses associated with exposure to toxic substances. (4) Whether to expand the class of individ- uals who are members of the Special Exposure Cohort (as defined in section 7384l(14) of this title). (b) Assessment of potential covered employees and required amounts The President shall include with the proposal for legislation under subsection (a) the fol- lowing: (1) An estimate of the number of covered em- ployees that the President determines were exposed in the performance of duty. (2) An estimate, for each fiscal year of the compensation program, of the amounts to be required for compensation and benefits antici- pated to be provided in such fiscal year under the compensation program. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3613], Oct. 30, 2000, 114 Stat. 1654, 1654A–498.) § 7384g. Authorization of appropriations (a) In general Pursuant to the authorization of appropria- tions in section 3103(a),1 $25,000,000 may be used for purposes of carrying out this subchapter. (b) Compensation fund There is hereby authorized to be appropriated $250,000,000 to the Energy Employees Occupa- tional Illness Compensation Fund established by section 7384e of this title. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3614], Oct. 30, 2000, 114 Stat. 1654, 1654A–498.) Editorial Notes REFERENCES IN TEXT Section 3103(a), referred to in subsec. (a), means sec- tion 1 [div. C, title XXXVI, § 3103(a)] of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654, 1654A–449, which is not clas- sified to the Code. PART B—PROGRAM ADMINISTRATION § 7384l. Definitions for program administration 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, a covered employee with chron- ic silicosis (as defined in that section). (2) The term ‘‘atomic weapon’’ has the meaning given that term in section 2014(d) of this title. (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