42 U.S.C. § 7383j — Definition of Restricted Data

Page 7134 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7383j (E) The Nevada Test Site, Nevada. (Pub. L. 106–65, div. C, title XXXI, § 3155, Oct. 5, 1999, 113 Stat. 942.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle D of title XXXI of div. C of Pub. L. 106–65, Oct. 5, 1999, 113 Stat. 931, which is classified principally to this subchapter. For com- plete classification of subtitle D to the Code, see Short Title note set out under section 7383 of this title and Tables. § 7383j. Definition of Restricted Data In this subchapter, the term ‘‘Restricted Data’’ has the meaning given that term in sec- tion 2014(y) of this title. (Pub. L. 106–65, div. C, title XXXI, § 3156, Oct. 5, 1999, 113 Stat. 942.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle D of title XXXI of div. C of Pub. L. 106–65, Oct. 5, 1999, 113 Stat. 931, which is classified principally to this subchapter. For com- plete classification of subtitle D to the Code, see Short Title note set out under section 7383 of this title and Tables. SUBCHAPTER XVI—ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM Editorial Notes CODIFICATION This subchapter was enacted as title XXXVI of div. C of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, known as the Energy Employ- ees Occupational Illness Compensation Program Act of 2000, and not as part of the Department of Energy Orga- nization Act which comprises this chapter. § 7384. Findings; sense of Congress (a) Findings The Congress finds the following: (1) Since World War II, Federal nuclear ac- tivities have been explicitly recognized under Federal law as activities that are ultra-haz- ardous. Nuclear weapons production and test- ing have involved unique dangers, including potential catastrophic nuclear accidents that private insurance carriers have not covered and recurring exposures to radioactive sub- stances and beryllium that, even in small amounts, can cause medical harm. (2) Since the inception of the nuclear weap- ons program and for several decades after- wards, 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, docu- ments reveal, were driven by fears of adverse publicity, liability, and employee demands for hazardous duty pay. (3) Many previously secret records have doc- umented unmonitored exposures to radiation and beryllium and continuing problems at these sites across the Nation, at which the De- partment of Energy and its predecessor agen- cies have been, since World War II, self-regu- lating with respect to nuclear safety and occu- pational safety and health. No other hazardous Federal activity has been permitted to be car- ried 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 im- posed major financial burdens for such em- ployees who have sought compensation. Con- tractors of the Department have been held harmless and the employees have been denied workers’ compensation coverage for occupa- tional disease. (5) Over the past 20 years, more than two dozen scientific findings have emerged that in- dicate that certain of such employees are ex- periencing increased risks of dying from can- cer and non-malignant diseases. Several of these studies have also established a correla- tion between excess diseases and exposure to radiation and beryllium. (6) While linking exposure to occupational hazards with the development of occupational disease is sometimes difficult, scientific evi- dence supports the conclusion that occupa- tional exposure to dust particles or vapor of beryllium can cause beryllium sensitivity and chronic beryllium disease. Furthermore, stud- ies indicate than 98 percent of radiation-in- duced cancers within the nuclear weapons complex have occurred at dose levels below ex- isting maximum safe thresholds. (7) Existing information indicates that State workers’ compensation programs do not pro- vide a uniform means of ensuring adequate compensation for the types of occupational ill- nesses and diseases that relate to the employ- ees at those sites. (8) To ensure fairness and equity, the civil- ian men and women who, over the past 50 years, have performed duties uniquely related to the nuclear weapons production and testing programs of the Department of Energy and its predecessor agencies should have efficient, uniform, and adequate compensation for beryl- lium-related health conditions and radiation- related health conditions. (9) On April 12, 2000, the Secretary of Energy announced that the Administration intended to seek compensation for individuals with a broad range of work-related illnesses through- out the Department of Energy’s nuclear weap- ons complex. (10) However, as of October 2, 2000, the Ad- ministration has failed to provide Congress with the necessary legislative and budget pro- posals to enact the promised compensation program. (b) Sense of Congress It is the sense of Congress that— (1) a program should be established to pro- vide compensation to covered employees; (2) a fund for payment of such compensation should be established on the books of the Treasury;