42 U.S.C. § 7384u — Separate treatment of certain uranium

Page 7146 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7384u (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3629], Oct. 30, 2000, 114 Stat. 1654, 1654A–507.) § 7384u. Separate treatment of certain uranium employees (a) Compensation provided An individual who receives, or has received, $100,000 under section 5 of the Radiation Expo- sure Compensation Act (42 U.S.C. 2210 note) for a claim made under that Act (hereafter in this section referred to as a ‘‘covered uranium em- ployee’’), or the survivor of that covered ura- nium 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 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 estab- lished under section 7384e of this title. (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 compensa- tion under this section, whether or not the death is the result of the covered employee’s oc- cupational 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 payment, such payment shall be made to such surviving spouse. (B) If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to all children of the cov- ered employee who are living at the time of payment. (C) If there is no surviving spouse described in subparagraph (A) and if there are no chil- dren described in subparagraph (B), such pay- ment shall be made in equal shares to the par- ents of the covered employee who are living at the time of payment. (D) If there is no surviving spouse described in subparagraph (A), and if there are no chil- dren described in subparagraph (B) or parents described in subparagraph (C), such payment shall be made in equal shares to all grand- children of the covered employee who are liv- ing at the time of payment. (E) If there is no surviving spouse described in subparagraph (A), and if there are no chil- dren described in subparagraph (B), parents described in subparagraph (C), or grand- children described in subparagraph (D), then such payment shall be made in equal shares to the grandparents of the covered employee who are living at the time of payment. (F) Notwithstanding the other provisions of this paragraph, if there is— (i) a surviving spouse described in subpara- graph (A); and (ii) at least one child of the covered em- ployee who is living and a minor at the time of payment and who is not a recognized nat- ural child or adopted child of such surviving spouse, then half of such payment shall be made to such surviving spouse, and the other half of such payment shall be made in equal shares to each child of the covered employee who is liv- ing and a minor at the time of payment. (2) If a covered employee eligible for payment dies before filing a claim under this subchapter, a survivor of that employee who may receive payment under paragraph (1) may file a claim for such payment. (3) For purposes of this subsection— (A) the ‘‘spouse’’ of an individual is a wife or husband of that individual who was married to that individual for at least one year imme- diately before the death of that individual; (B) a ‘‘child’’ includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child; (C) a ‘‘parent’’ includes fathers and mothers through adoption; (D) a ‘‘grandchild’’ of an individual is a child of a child of that individual; and (E) a ‘‘grandparent’’ of an individual is a parent of a parent of that individual. (f) Procedures required The President shall establish procedures to identify and notify each covered uranium em- ployee, or the survivor of that covered uranium employee if that employee is deceased, of the availability of compensation and benefits under this section. (g) Effective date This section shall take effect on July 31, 2001, unless Congress otherwise provides in an Act en- acted before that date. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3630], Oct. 30, 2000, 114 Stat. 1654, 1654A–507; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(4)(B), Dec. 28, 2001, 115 Stat. 1373; Pub. L. 108–375, div. C, title XXXI, § 3165(a), Oct. 28, 2004, 118 Stat. 2187.) Editorial Notes REFERENCES IN TEXT The Radiation Exposure Compensation Act, referred to in subsecs. (a) to (d), is Pub. L. 101–426, Oct. 15, 1990, 104 Stat. 920, which is set out as a note under section 2210 of this title. AMENDMENTS 2004—Subsec. (d). Pub. L. 108–375 inserted ‘‘and the compensation provided under section 5 of the Radiation Exposure Compensation Act’’ after ‘‘The compensation provided under this section’’. 2001—Subsec. (e). Pub. L. 107–107 amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: ‘‘(1) Subject to the provisions of this section, if a cov- ered uranium employee dies before the effective date specified in subsection (g) of this section, whether or 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