42 U.S.C. § 7385 — Offset for certain payments

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 Page 7148 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7385a subchapter shall be offset by the amount of any payment made pursuant to a final award or set- tlement on a claim (other than a claim for worker’s compensation), against any person, that is based on injuries incurred by that indi- vidual on account of the exposure for which compensation is payable under this subchapter. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3641], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L. 108–375, div. C, title XXXI, § 3162(a), Oct. 28, 2004, 118 Stat. 2186.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–375 substituted ‘‘this subchapter’’ for ‘‘part B’’ and ‘‘on account of the exposure for which compensation is payable under this subchapter’’ for ‘‘on account of the exposure of a covered beryllium em- ployee, covered employee with cancer, covered em- ployee with chronic silicosis (as defined in section 7384r of this title), or covered uranium employee (as defined in section 7384u of this title), while so employed, to be- ryllium, radiation, silica, or radiation, respectively’’. § 7385a. Subrogation of the United States Upon payment of compensation under this subchapter, the United States is subrogated for the amount of the payment to a right or claim that the individual to whom the payment was made may have against any person on account of injuries referred to in section 7385 of this title. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3642], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L. 108–375, div. C, title XXXI, § 3162(b), Oct. 28, 2004, 118 Stat. 2186.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–375 substituted ‘‘this subchapter’’ for ‘‘part B’’. § 7385b. Payment in full settlement of claims Except as provided in part E, the acceptance by an individual of payment of compensation under part B with respect to a covered employee shall be in full satisfaction of all claims of or on behalf of that individual against the United States, against a Department of Energy con- tractor or subcontractor, beryllium vendor, or atomic weapons employer, or against any person with respect to that person’s performance of a contract with the United States, that arise out of an exposure referred to in section 7385 of this title. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3643], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L. 108–375, div. C, title XXXI, § 3162(c), Oct. 28, 2004, 118 Stat. 2186.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–375 substituted ‘‘Except as provided in part E, the acceptance’’ for ‘‘The acceptance’’. § 7385c. Exclusivity of remedy against the United States and against contractors and sub- contractors (a) In general The liability of the United States or an instru- mentality of the United States under this sub- chapter with respect to a cancer (including a specified cancer), chronic silicosis, covered be- ryllium illness, or death related thereto of a covered employee is exclusive and instead of all other liability— (1) of— (A) the United States; (B) any instrumentality of the United States; (C) a contractor that contracted with the Department of Energy to provide manage- ment and operation, management and inte- gration, or environmental remediation of a Department of Energy facility (in its capac- ity as a contractor); (D) a subcontractor that provided services, including construction, at a Department of Energy facility (in its capacity as a subcon- tractor); and (E) an employee, agent, or assign of an en- tity specified in subparagraphs (A) through (D); (2) to— (A) the covered employee; (B) the covered employee’s legal represent- ative, spouse, dependents, survivors, and next of kin; and (C) any other person, including any third party as to whom the covered employee, or the covered employee’s legal representative, spouse, dependents, survivors, or next of kin, has a cause of action relating to the cancer (including a specified cancer), chronic sili- cosis, covered beryllium illness, or death, otherwise entitled to recover damages from the United States, the instrumentality, the contractor, the subcontractor, or the em- ployee, agent, or assign of one of them, because of the cancer (including a specified can- cer), chronic silicosis, covered beryllium illness, or death in any proceeding or action including a direct judicial proceeding, a civil action, a pro- ceeding in admiralty, or a proceeding under a tort liability statute or the common law. (b) Applicability This section applies to all cases filed on or after October 30, 2000. (c) Workers’ compensation This section does not apply to an administra- tive or judicial proceeding under a Federal or State workers’ compensation law. (d) Applicability to part E This section applies with respect to part E to the covered medical condition or covered illness or death of a covered DOE contractor employee on the same basis as it applies with respect to part B to the cancer (including a specified can- cer), chronic silicosis, covered beryllium illness, or death of a covered employee. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3644], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L.