42 U.S.C. § 7383i — Definitions of national laboratory and

Page 7133 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7383i title 5’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense. SHORT TITLE Pub. L. 106–65, div. C, title XXXI, § 3141, Oct. 5, 1999, 113 Stat. 931, provided that: ‘‘This subtitle [subtitle D, §§ 3141–3156, of title XXXI of div. C of Pub. L. 106–65, en- acting this subchapter and section 2282b of this title, amending sections 2165, 2274, 2275, 2277, and 2282a of this title, enacting provisions set out as notes under sec- tions 2165 and 2282b of this title and section 435 of Title 50, War and National Defense, amending provisions set out as a note under section 7274m of this title, and re- pealing provisions set out as a note under section 7251 of this title] may be cited as the ‘Department of Energy Facilities Safeguards, Security, and Counterintel- ligence Enhancement Act of 1999’.’’ §§ 7383a to 7383d. Transferred Editorial Notes CODIFICATION Section 7383a, Pub. L. 106–65, div. C, title XXXI, § 3143, Oct. 5, 1999, 113 Stat. 934, which related to background investigations of certain personnel at Department of Energy facilities, was renumbered section 4503 of Pub. L. 107–314, the Bob Stump National Defense Authoriza- tion Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(h)(4)(A)–(C), Nov. 24, 2003, 117 Stat. 1772, and is classified to section 2653 of Title 50, War and National Defense. Section 7383b, Pub. L. 106–65, div. C, title XXXI, § 3145, Oct. 5, 1999, 113 Stat. 935, which related to protection of classified information during laboratory-to-laboratory exchanges, was renumbered section 4524 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(h)(14), Nov. 24, 2003, 117 Stat. 1775, and is classified to section 2674 of Title 50, War and National Defense. Section 7383c, Pub. L. 106–65, div. C, title XXXI, § 3146, Oct. 5, 1999, 113 Stat. 935, which related to restrictions on access to national laboratories by foreign visitors from sensitive countries, was renumbered section 4502 of Pub. L. 107–314, the Bob Stump National Defense Au- thorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(h)(3)(A)–(C), Nov. 24, 2003, 117 Stat. 1771, and is classified to section 2652 of Title 50, War and National Defense. Section 7383d, Pub. L. 106–65, div. C, title XXXI, § 3150, Oct. 5, 1999, 113 Stat. 939, which related to notice to congressional committees of certain security and coun- terintelligence failures within nuclear energy defense programs, was renumbered section 4505 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(h)(6), Nov. 24, 2003, 117 Stat. 1773, and is classified to section 2656 of Title 50, War and National Defense. § 7383e. Repealed. Pub. L. 114–113, div. M, title VII, § 701(e), Dec. 18, 2015, 129 Stat. 2930 Section, Pub. L. 106–65, div. C, title XXXI, § 3151, Oct. 5, 1999, 113 Stat. 939, related to annual report by the President on espionage by the People’s Republic of China. §§ 7383f to 7383h–1. Transferred Editorial Notes CODIFICATION Section 7383f, Pub. L. 106–65, div. C, title XXXI, § 3152, Oct. 5, 1999, 113 Stat. 940, which related to the submis- sion of annual reports on counterintelligence and secu- rity practices at national laboratories, was renumbered section 4507 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(h)(8)(A)–(C), Nov. 24, 2003, 117 Stat. 1773, and was classified to section 2658 of Title 50, War and National Defense, prior to repeal by Pub. L. 113–66, div. C, title XXXI, § 3132(a)(1), Dec. 26, 2013, 127 Stat. 1068. Section 7383g, Pub. L. 106–65, div. C, title XXXI, § 3153, Oct. 5, 1999, 113 Stat. 940, which related to the submis- sion of annual reports on security vulnerabilities of na- tional laboratory computers, was renumbered section 4508 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(h)(9)(A)–(C), Nov. 24, 2003, 117 Stat. 1774, and was classified to section 2659 of Title 50, War and National Defense, prior to repeal by Pub. L. 114–113, div. M, title VII, § 701(f), Dec. 18, 2015, 129 Stat. 2930. Section 7383h, Pub. L. 106–65, div. C, title XXXI, § 3154, Oct. 5, 1999, 113 Stat. 941; Pub. L. 106–398, § 1 [div. C, title XXXI, § 3135], Oct. 30, 2000, 114 Stat. 1654, 1654A–456, which related to a counterintelligence polygraph pro- gram for defense-related activities of the Department of Energy, was renumbered section 4504A of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(h)(5)(B)(i)–(iii), Nov. 24, 2003, 117 Stat. 1773, and is classified to section 2655 of Title 50, War and Na- tional Defense. Section 7383h–1, Pub. L. 107–107, div. C, title XXXI, § 3152, Dec. 28, 2001, 115 Stat. 1376, which related to a new counterintelligence polygraph program for the De- partment of Energy, was renumbered section 4504 of Pub. L. 107–314, the Bob Stump National Defense Au- thorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(h)(5)(A)(i)–(iii), Nov. 24, 2003, 117 Stat. 1772, and is classified to section 2654 of Title 50, War and National Defense. § 7383i. Definitions of national laboratory and nuclear weapons production facility For purposes of this subchapter: (1) The term ‘‘national laboratory’’ means any of the following: (A) The Lawrence Livermore National Laboratory, Livermore, California. (B) The Los Alamos National Laboratory, Los Alamos, New Mexico. (C) The Sandia National Laboratories, Al- buquerque, New Mexico and Livermore, Cali- fornia. (2) The term ‘‘nuclear weapons production facility’’ means any of the following: (A) The Kansas City Plant, Kansas City, Missouri. (B) The Pantex Plant, Amarillo, Texas. (C) The Y–12 Plant, Oak Ridge, Tennessee. (D) The tritium operations at the Savan- nah River Site, Aiken, South Carolina. 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;