42 USC 7384 et seq

Page 6479

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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
counterintelligence 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 Repealed.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

§ 7384

(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 Savannah River Site, Aiken, South Carolina.
(E) The Nevada Test Site, Nevada.
(Pub. L. 106–65, div. C, title XXXI, § 3155, Oct. 5,
1999, 113 Stat. 942.)
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original ‘‘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 complete classification of subtitle D to the Code, see Short
Title note set out under section 7383 of this title and
Tables.

CODIFICATION
Section 7383f, Pub. L. 106–65, div. C, title XXXI, § 3152,
Oct. 5, 1999, 113 Stat. 940, which related to the submission of annual reports on counterintelligence and security 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 submission of annual reports on security vulnerabilities of national 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 program 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 National 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 Department of Energy, was renumbered section 4504 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)(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, Albuquerque, New Mexico and Livermore, California.

§ 7383j. Definition of Restricted Data
In this subchapter, the term ‘‘Restricted
Data’’ has the meaning given that term in section 2014(y) of this title.
(Pub. L. 106–65, div. C, title XXXI, § 3156, Oct. 5,
1999, 113 Stat. 942.)
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original ‘‘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 complete 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
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 Employees Occupational Illness Compensation Program Act of
2000, and not as part of the Department of Energy Organization Act which comprises this chapter.

§ 7384. Findings; sense of Congress
(a) Findings
The Congress finds the following:
(1) Since World War II, Federal nuclear activities have been explicitly recognized under
Federal law as activities that are ultra-hazardous. Nuclear weapons production and testing have involved unique dangers, including
potential catastrophic nuclear accidents that
private insurance carriers have not covered
and recurring exposures to radioactive substances and beryllium that, even in small
amounts, can cause medical harm.
(2) Since the inception of the nuclear weapons program and for several decades afterwards, 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, documents reveal, were driven by fears of adverse
publicity, liability, and employee demands for
hazardous duty pay.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(3) Many previously secret records have documented unmonitored exposures to radiation
and beryllium and continuing problems at
these sites across the Nation, at which the Department of Energy and its predecessor agencies have been, since World War II, self-regulating with respect to nuclear safety and occupational safety and health. No other hazardous
Federal activity has been permitted to be carried out under such sweeping powers of selfregulation.
(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 imposed major financial burdens for such employees who have sought compensation. Contractors of the Department have been held
harmless and the employees have been denied
workers’ compensation coverage for occupational disease.
(5) Over the past 20 years, more than two
dozen scientific findings have emerged that indicate that certain of such employees are experiencing increased risks of dying from cancer and non-malignant diseases. Several of
these studies have also established a correlation 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 evidence supports the conclusion that occupational exposure to dust particles or vapor of
beryllium can cause beryllium sensitivity and
chronic beryllium disease. Furthermore, studies indicate than 98 percent of radiation-induced cancers within the nuclear weapons
complex have occurred at dose levels below existing maximum safe thresholds.
(7) Existing information indicates that State
workers’ compensation programs do not provide a uniform means of ensuring adequate
compensation for the types of occupational illnesses and diseases that relate to the employees at those sites.
(8) To ensure fairness and equity, the civilian 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 beryllium-related health conditions and radiationrelated 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 throughout the Department of Energy’s nuclear weapons complex.
(10) However, as of October 2, 2000, the Administration has failed to provide Congress
with the necessary legislative and budget proposals to enact the promised compensation
program.
(b) Sense of Congress
It is the sense of Congress that—
(1) a program should be established to provide compensation to covered employees;

Page 6480

(2) a fund for payment of such compensation
should be established on the books of the
Treasury;
(3) payments from that fund should be made
only after—
(A) the identification of employees of the
Department of Energy (including its predecessor agencies), and of contractors of the
Department, who may be members of the
group of covered employees;
(B) the establishment of a process to receive and administer claims for compensation for disability or death of covered employees;
(C) the submittal by the President of a legislative proposal for compensation of such
employees that includes the estimated annual budget resources for that compensation; and
(D) consideration by the Congress of the
legislative proposal submitted by the President; and
(4) payments from that fund should commence not later than fiscal year 2002.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3602],
Oct. 30, 2000, 114 Stat. 1654, 1654A–495.)
SHORT TITLE
Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3601], Oct. 30,
2000, 114 Stat. 1654, 1654A–495, provided that: ‘‘This title
[enacting this subchapter] may be cited as the ‘Energy
Employees Occupational Illness Compensation Program Act of 2000’.’’
UPDATE OF REPORT ON RESIDUAL CONTAMINATION OF
FACILITIES
Pub. L. 108–375, div. C, title XXXI, § 3169, Oct. 28, 2004,
118 Stat. 2191, provided that:
‘‘(a) UPDATE OF REPORT.—Not later than December 31,
2006, the Director of the National Institute for Occupational Safety and Health shall submit to Congress an
update to the report required by section 3151(b) of the
National Defense Authorization Act for Fiscal Year
2002 (Public Law 107–107; 42 U.S.C. 7384 note).
‘‘(b) ELEMENTS.—The update shall—
‘‘(1) for each facility for which such report found
that insufficient information was available to determine whether significant residual contamination was
present, determine whether significant residual contamination was present;
‘‘(2) for each facility for which such report found
that significant residual contamination remained
present as of the date of the report, determine the
date on which such contamination ceased to be
present;
‘‘(3) for each facility for which such report found
that significant residual contamination was present
but for which the Director has been unable to determine the extent to which such contamination is attributable to atomic weapons-related activities, identify the specific dates of coverage attributable to
such activities and, in so identifying, presume that
such contamination is attributable to such activities
until there is evidence of decontamination of residual
contamination identified with atomic weapons-related activities;
‘‘(4) for each facility for which such report found
significant residual contamination, determine whether it is at least as likely as not that such contamination could have caused an employee who was employed at such facility only during the residual contamination period to contract a cancer or beryllium
illness compensable under subtitle B of the Energy
Employees Occupational Illness Compensation Program Act of 2000 [42 U.S.C. 7384l et seq.]; and

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(5) if new information that pertains to the report
has been made available to the Director since that report was submitted, identify and describe such information.
‘‘(c) PUBLICATION.—The Director shall ensure that the
report referred to in subsection (a) is published in the
Federal Register not later than 15 days after being released.’’
STUDY OF RESIDUAL CONTAMINATION OF FACILITIES
Pub. L. 107–107, div. C, title XXXI, § 3151(b), Dec. 28,
2001, 115 Stat. 1375, provided that:
‘‘(1) The National Institute for Occupational Safety
and Health shall, with the cooperation of the Department of Energy and the Department of Labor, carry
out a study on the following matters:
‘‘(A) Whether or not significant contamination remained in any atomic weapons employer facility or
facility of a beryllium vendor after such facility discontinued activities relating to the production of nuclear weapons.
‘‘(B) If so, whether or not such contamination could
have caused or substantially contributed to the cancer of a covered employee with cancer or a covered
beryllium illness, as the case may be.
‘‘(2)(A) The National Institute for Occupational Safety and Health shall submit to the applicable congressional committees the following reports:
‘‘(i) Not later than 180 days after the date of the enactment of this Act [Dec. 28, 2001], a report on the
progress made as of the date of the report on the
study required by paragraph (1).
‘‘(ii) Not later than one year after the date of the
enactment of this Act, a final report on the study required by paragraph (1).
‘‘(B) In this paragraph, the term ‘applicable congressional committees’ means—
‘‘(i) the Committee on Armed Services, Committee
on Appropriations, Committee on the Judiciary, and
Committee on Health, Education, Labor, and Pensions of the Senate; and
‘‘(ii) the Committee on Armed Services, Committee
on Appropriations, Committee on the Judiciary, and
Committee on Education and the Workforce of the
House of Representatives.
‘‘(3) Amounts for the study under paragraph (1) shall
be derived from amounts authorized to be appropriated
by section 3614(a) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (114
Stat. 1654A–498) [42 U.S.C. 7384g(a)].
‘‘(4) In this subsection:
‘‘(A) The terms ‘atomic weapons employer facility’,
‘beryllium vendor’, ‘covered employee with cancer’,
and ‘covered beryllium illness’ have the meanings
given those terms in section 3621 of the Energy Employees Occupational Illness Compensation Program
Act of 2000 (114 Stat. 1654A–498; 42 U.S.C. 7384l).
‘‘(B) The term ‘contamination’ means the presence
of any—
‘‘(i) material that emitted radiation and was used
in the production of an atomic weapon, excluding
uranium mining and milling; or
‘‘(ii) beryllium dust, particles, or vapor,
exposure to which could cause or substantially contribute to the cancer of a covered employee with cancer or a covered beryllium illness, as the case may
be.’’
EX. ORD. NO. 13179. PROVIDING COMPENSATION TO
AMERICA’S NUCLEAR WEAPONS WORKERS
Ex. Ord. No. 13179, Dec. 7, 2000, 65 F.R. 77487, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including Public Law 106–398, the Energy Employees Occupational Illness Compensation Program
Act of 2000 [42 U.S.C. 7384 et seq.] (Public Law 106–398,
the ‘‘Act’’), and to allocate the responsibilities imposed
by that legislation and to provide for further legislative efforts, it is hereby ordered as follows:

§ 7384

SECTION 1. Policy. Since World War II, hundreds of
thousands of men and women have served their Nation
in building its nuclear defense. In the course of their
work, they overcame previously unimagined scientific
and technical challenges. Thousands of these courageous Americans, however, paid a high price for their
service, developing disabling or fatal illnesses as a result of exposure to beryllium, ionizing radiation, and
other hazards unique to nuclear weapons production
and testing. Too often, these workers were neither adequately protected from, nor informed of, the occupational hazards to which they were exposed.
Existing workers’ compensation programs have failed
to provide for the needs of these workers and their families. Federal workers’ compensation programs have
generally not included these workers. Further, because
of long latency periods, the uniqueness of the hazards
to which they were exposed, and inadequate exposure
data, many of these individuals have been unable to obtain State workers’ compensation benefits. This problem has been exacerbated by the past policy of the Department of Energy (DOE) and its predecessors of encouraging and assisting DOE contractors in opposing
the claims of workers who sought those benefits. This
policy has recently been reversed.
While the Nation can never fully repay these workers
or their families, they deserve recognition and compensation for their sacrifices. Since the Administration’s historic announcement in July of 1999 that it intended to compensate DOE nuclear weapons workers
who suffered occupational illnesses as a result of exposure to the unique hazards in building the Nation’s nuclear defense, it has been the policy of this Administration to support fair and timely compensation for these
workers and their survivors. The Federal Government
should provide necessary information and otherwise
help employees of the DOE or its contractors determine
if their illnesses are associated with conditions of their
nuclear weapons-related work; it should provide workers and their survivors with all pertinent and available
information necessary for evaluating and processing
claims; and it should ensure that this program minimizes the administrative burden on workers and their
survivors, and respects their dignity and privacy. This
order sets out agency responsibilities to accomplish
these goals, building on the Administration’s articulated principles and the framework set forth in the Energy Employees Occupational Illness Compensation
Program Act of 2000 [42 U.S.C. 7384 et seq.]. The Departments of Labor, Health and Human Services, and Energy shall be responsible for developing and implementing actions under the Act to compensate these workers
and their families in a manner that is compassionate,
fair, and timely. Other Federal agencies, as appropriate, shall assist in this effort.
SEC. 2. Designation of Responsibilities for Administering
the Energy Employees’ Occupational Illness Compensation
Program (‘‘Program’’).
(a) Secretary of Labor. The Secretary of Labor shall
have primary responsibility for administering the Program. Specifically, the Secretary shall:
(i) Administer and decide all questions arising under
the Act not assigned to other agencies by the Act or by
this order, including determining the eligibility of individuals with covered occupational illnesses and their
survivors and adjudicating claims for compensation
and benefits;
(ii) No later than May 31, 2001, promulgate regulations for the administration of the Program, except for
functions assigned to other agencies pursuant to the
Act or this order;
(iii) No later than July 31, 2001, ensure the availability, in paper and electronic format, of forms necessary
for making claims under the Program; and
(iv) Develop informational materials, in coordination
with the Secretary of Energy and the Secretary of
Health and Human Services, to help potential claimants understand the Program and the application process, and provide these materials to individuals upon request and to the Secretary of Energy and the Attorney

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

General for dissemination to potentially eligible individuals.
(b) Secretary of Health and Human Services. The Secretary of Health and Human Services shall:
(i) No later than May 31, 2001, promulgate regulations
establishing:
(A) guidelines, pursuant to section 3623(c) of the Act
[42 U.S.C. 7384n(c)], to assess the likelihood that an individual with cancer sustained the cancer in the performance of duty at a Department of Energy facility or
an atomic weapons employer facility, as defined by the
Act; and
(B) methods, pursuant to section 3623(d) of the Act,
for arriving at and providing reasonable estimates of
the radiation doses received by individuals applying for
assistance under this program for whom there are inadequate records of radiation exposure;
(ii) In accordance with procedures developed by the
Secretary of Health and Human Services, consider and
issue determinations on petitions by classes of employees to be treated as members of the Special Exposure
Cohort;
(iii) With the assistance of the Secretary of Energy,
apply the methods promulgated under subsection
(b)(i)(B) to estimate the radiation doses received by individuals applying for assistance;
(iv) Upon request from the Secretary of Energy, appoint members for a physician panel or panels to consider individual workers’ compensation claims as part
of the Worker Assistance Program under the process
established pursuant to subsection (c)(v); and
(v) Provide the Advisory Board established under section 4 of this order with administrative services, funds,
facilities, staff, and other necessary support services
and perform the administrative functions of the President under the Federal Advisory Committee Act, as
amended (5 U.S.C. App.), with respect to the Advisory
Board.
(c) Secretary of Energy. The Secretary of Energy shall:
(i) Provide the Secretary of Health and Human Services and the Advisory Board on Radiation and Worker
Health access, in accordance with law, to all relevant
information pertaining to worker exposures, including
access to restricted data, and any other technical assistance needed to carry out their responsibilities
under subsection (b)(ii) and section 4(b), respectively.
(ii) Upon request from the Secretary of Health and
Human Services or the Secretary of Labor, and as permitted by law, require a DOE contractor, subcontractor, or designated beryllium vendor, pursuant to section 3631(c) of the Act [42 U.S.C. 7384v(c)], to provide information relevant to a claim under this Program;
(iii) Identify and notify potentially eligible individuals of the availability of compensation under the Program;
(iv) Designate, pursuant to sections 3621(4)(B) and
3622 of the Act [42 U.S.C. 7384l(4)(B), 7384m], atomic
weapons employers and additions to the list of designated beryllium vendors;
(v) Pursuant to Subtitle D of the Act [42 U.S.C. 7385o],
negotiate agreements with the chief executive officer
of each State in which there is a DOE facility, and
other States as appropriate, to provide assistance to a
DOE contractor employee on filing a State workers’
compensation system claim, and establish a Worker
Assistance Program to help individuals whose illness is
related to employment in the DOE’s nuclear weapons
complex, or the individual’s survivor if the individual
is deceased, in applying for State workers’ compensation benefits. This assistance shall include:
(1) Submittal of reasonable claims to a physician
panel, appointed by the Secretary of Health and Human
Services and administered by the Secretary of Energy,
under procedures established by the Secretary of Energy, for determination of whether the individual’s illness or death arose out of and in the course of employment by the DOE or its contractors and exposure to a
toxic substance at a DOE facility; and
(2) For cases determined by the physician panel and
the Secretary of Energy under section 3661(d) and (e) of

Page 6482

the Act [42 U.S.C. 7385o(d), (e)] to have arisen out of and
in the course of employment by the DOE or its contractors and exposure to a toxic substance at a DOE facility, provide assistance to the individual in filing for
workers’ compensation benefits. The Secretary shall
not contest these claims and, to the extent permitted
by law, shall direct a DOE contractor who employed
the applicant not to contest the claim;
(vi) Report on the Worker Assistance Program by
making publicly available on at least an annual basis
claims-related data, including the number of claims
filed, the number of illnesses found to be related to
work at a DOE facility, job location and description,
and number of successful State workers’ compensation
claims awarded; and
(vii) No later than January 15, 2001, publish in the
Federal Register a list of atomic weapons employer facilities within the meaning of section 3621(5) of the Act
[42 U.S.C. 7384l(5)], Department of Energy employer facilities within the meaning of section 3621(12) of the
Act, and a list of facilities owned and operated by a beryllium vendor, within the meaning of section 3621(6) of
the Act.
(d) Attorney General. The Attorney General shall:
(i) Develop procedures to notify, to the extent possible, each claimant (or the survivor of that claimant
if deceased) whose claim for compensation under section 5 of the Radiation Exposure Compensation Act
[Pub. L. 101–426, 42 U.S.C. 2210 note] has been or is approved by the Department of Justice, of the availability of supplemental compensation and benefits under
the Energy Employees Occupational Illness Compensation Program;
(ii) Identify and notify eligible covered uranium employees or their survivors of the availability of supplemental compensation under the Program; and
(iii) Upon request by the Secretary of Labor, provide
information needed to adjudicate the claim of a covered uranium employee under this Program.
SEC. 3. Establishment of Interagency Working Group.
(a) There is hereby established an Interagency Working Group to be composed of representatives from the
Office of Management and Budget, the National Economic Council, and the Departments of Labor, Energy,
Health and Human Services, and Justice.
(b) The Working Group shall:
(i) By January 1, 2001, develop a legislative proposal
to ensure the Program’s fairness and efficiency, including provisions to assure adequate administrative resources and swift dispute resolution; and
(ii) Address any impediments to timely and coordinated Program implementation.
SEC. 4. Establishment of Advisory Board on Radiation
and Worker Health.
(a) Pursuant to Public Law 106–398, there is hereby established an Advisory Board on Radiation and Health
(Advisory Board). The Advisory Board shall consist of
no more than 20 members to be appointed by the President. Members shall include affected workers and their
representatives, and representatives from scientific and
medical communities. The President shall designate a
Chair for the Board among its members.
(b) The Advisory Board shall:
(i) Advise the Secretary of Health and Human Services on the development of guidelines under section
2(b)(i) of this order;
(ii) Advise the Secretary of Health and Human Services on the scientific validity and quality of dose reconstruction efforts performed for this Program; and
(iii) Upon request by the Secretary of Health and
Human Services, advise the Secretary on whether there
is a class of employees at any Department of Energy facility who were exposed to radiation but for whom it is
not feasible to estimate their radiation dose, and on
whether there is a reasonable likelihood that such radiation dose may have endangered the health of members
of the class.
SEC. 5. Reporting Requirements. The Secretaries of
Labor, Health and Human Services, and Energy shall,
as part of their annual budget submissions, report to

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

the Office of Management and Budget (OMB) on their
activities under this Program, including total expenditures related to benefits and program administration.
They shall also report to the OMB, no later than March
1, 2001, on the manner in which they will carry out
their respective responsibilities under the Act and this
order. This report shall include, among other things, a
description of the administrative structure established
within their agencies to implement the Act and this
order. In addition, the Secretary of Labor shall annually report on the total number and types of claims for
which compensation was considered and other data pertinent to evaluating the Federal Government’s performance fulfilling the requirements of the Act and
this order.
SEC. 6. Administration and Judicial Review. (a) This Executive Order shall be carried out subject to the availability of appropriations, and to the extent permitted
by law.
(b) This Executive Order does not create any right or
benefit, substantive or procedural, enforceable at law
or equity by a party against the United States, its
agencies, its officers or employees, or any other person.
WILLIAM J. CLINTON.
EXTENSION OF TERM OF ADVISORY BOARD ON RADIATION
AND WORKER HEALTH
Term of Advisory Board on Radiation and Worker
Health extended until Sept. 30, 2019, by Ex. Ord. No.
13811, Sept. 29, 2017, 82 F.R. 46363, set out as a note
under section 14 of the Federal Advisory Committee
Act in the Appendix to Title 5, Government Organization and Employees.
Previous extension of term of Advisory Board on Radiation and Worker Health was contained in the following prior Executive Order:
Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.

PART A—ESTABLISHMENT OF COMPENSATION
PROGRAM AND COMPENSATION FUND
§ 7384d. Establishment of Energy Employees Occupational Illness Compensation Program
(a) Program established
There is hereby established a program to be
known as the ‘‘Energy Employees Occupational
Illness Compensation Program’’ (in this subchapter referred to as the ‘‘compensation program’’). The President shall carry out the compensation program through one or more Federal
agencies or officials, as designated by the President.
(b) Purpose of program
The purpose of the compensation program is
to provide for timely, uniform, and adequate
compensation of covered employees and, where
applicable, survivors of such employees, suffering from illnesses incurred by such employees in
the performance of duty for the Department of
Energy and certain of its contractors and subcontractors.
(c) Eligibility for compensation
The eligibility of covered employees for compensation under the compensation program
shall be determined in accordance with the provisions 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.)

§ 7384f

§ 7384e. Establishment of Energy Employees Occupational 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 following amounts:
(1) Amounts appropriated to the compensation fund pursuant to the authorization of appropriations 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 compensation fund attributable to the authorization
of appropriations in section 7384g(b) of this title,
the Secretary of the Treasury shall transfer directly to the compensation fund from the General Fund of the Treasury, without further appropriation, such amounts as are further necessary to carry out the compensation program.
(d) Use of compensation fund
Subject to subsection (e), amounts in the compensation fund shall be used to carry out the
compensation program.
(e) Administrative costs not paid from compensation fund
No cost incurred in carrying out the compensation program, or in administering the compensation fund, shall be paid from the compensation 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 invested 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 legislation to implement the compensation program.
The proposal for legislation shall include, at a
minimum, the specific recommendations (including 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 provided under the compensation program.
(2) Any adjustments or modifications necessary to appropriately administer the compensation program under part B.
(3) Whether to expand the compensation program to include other illnesses associated
with exposure to toxic substances.
(4) Whether to expand the class of individuals who are members of the Special Exposure

§ 7384g

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 following:
(1) An estimate of the number of covered employees 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 anticipated 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 appropriations 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 Occupational 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.)
REFERENCES IN TEXT
Section 3103(a), referred to in subsec. (a), means section 1 [div. C, title XXXVI, § 3103(a)] of Pub. L. 106–398,
Oct. 30, 2000, 114 Stat. 1654, 1654A–449, which is not classified 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 chronic 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
employer was processing or producing, for
the use by the United States, material that
emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and milling.
(B) An individual employed—
(i) at a facility with respect to which the
National Institute for Occupational Safety
and Health, in its report dated October
2003 and titled ‘‘Report on Residual Radioactive and Beryllium Contamination at
1 See

References in Text note below.

Page 6484

Atomic Weapons Employer Facilities and
Beryllium Vendor Facilities’’, or any update to that report, found that there is a
potential for significant residual contamination outside of the period in which
weapons-related production occurred;
(ii) by an atomic weapons employer or
subsequent owner or operators of a facility
described in clause (i); and
(iii) during a period, as specified in such
report or any update to such report, of potential for significant residual radioactive
contamination at such facility.
(4) The term ‘‘atomic weapons employer’’
means an entity, other than the United
States, that—
(A) processed or produced, for use by the
United States, material that emitted radiation and was used in the production of an
atomic weapon, excluding uranium mining
and milling; and
(B) is designated by the Secretary of Energy as an atomic weapons employer for purposes of the compensation program.
(5) The term ‘‘atomic weapons employer facility’’ means a facility, owned by an atomic
weapons employer, that is or was used to process or produce, for use by the United States,
material that emitted radiation and was used
in the production of an atomic weapon, excluding uranium mining or milling.
(6) The term ‘‘beryllium vendor’’ means any
of the following:
(A) Atomics International.
(B) Brush Wellman, Incorporated, and its
predecessor, Brush Beryllium Company.
(C) General Atomics.
(D) General Electric Company.
(E) NGK Metals Corporation and its predecessors, Kawecki-Berylco, Cabot Corporation, BerylCo, and Beryllium Corporation of
America.
(F) Nuclear Materials and Equipment Corporation.
(G) StarMet Corporation and its predecessor, Nuclear Metals, Incorporated.
(H) Wyman Gordan, Incorporated.
(I) Any other vendor, processor, or producer of beryllium or related products designated as a beryllium vendor for purposes
of the compensation program under section
7384m of this title.
(7) The term ‘‘covered beryllium employee’’
means the following, if and only if the employee is determined to have been exposed to
beryllium in the performance of duty in accordance with section 7384n(a) of this title:
(A) A current or former employee (as that
term is defined in section 8101(1) of title 5)
who may have been exposed to beryllium at
a Department of Energy facility or at a facility owned, operated, or occupied by a beryllium vendor.
(B) A current or former employee of—
(i) any entity that contracted with the
Department of Energy to provide management and operation, management and integration, or environmental remediation
of a Department of Energy facility; or
(ii) any contractor or subcontractor that
provided services, including construction
and maintenance, at such a facility.

Page 6485

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(C) A current or former employee of a beryllium vendor, or of a contractor or subcontractor of a beryllium vendor, during a
period when the vendor was engaged in activities related to the production or processing of beryllium for sale to, or use by, the
Department of Energy.
(8) The term ‘‘covered beryllium illness’’
means any of the following:
(A) Beryllium sensitivity as established by
an abnormal beryllium lymphocyte proliferation test performed on either blood or
lung lavage cells.
(B) Established chronic beryllium disease.
(C) Any injury, illness, impairment, or disability sustained as a consequence of a covered beryllium illness referred to in subparagraph (A) or (B).
(9) The term ‘‘covered employee with cancer’’ means any of the following:
(A) An individual with a specified cancer
who is a member of the Special Exposure Cohort, if and only if that individual contracted that specified cancer after beginning
employment at a Department of Energy facility (in the case of a Department of Energy
employee or Department of Energy contractor employee) or at an atomic weapons employer facility (in the case of an atomic
weapons employee).
(B)(i) An individual with cancer specified
in subclause (I), (II), or (III) of clause (ii), if
and only if that individual is determined to
have sustained that cancer in the performance of duty in accordance with section
7384n(b) of this title.
(ii) Clause (i) applies to any of the following:
(I) A Department of Energy employee
who contracted that cancer after beginning employment at a Department of Energy facility.
(II) A Department of Energy contractor
employee who contracted that cancer after
beginning employment at a Department of
Energy facility.
(III) An atomic weapons employee who
contracted that cancer after beginning employment at an atomic weapons employer
facility.
(10) The term ‘‘Department of Energy’’ includes the predecessor agencies of the Department of Energy, including the Manhattan Engineering District.
(11) The term ‘‘Department of Energy contractor employee’’ means any of the following:
(A) An individual who is or was in residence at a Department of Energy facility as
a researcher for one or more periods aggregating at least 24 months.
(B) An individual who is or was employed
at a Department of Energy facility by—
(i) an entity that contracted with the
Department of Energy to provide management and operating, management and integration, or environmental remediation
at the facility; or
(ii) a contractor or subcontractor that
provided services, including construction
and maintenance, at the facility.

§ 7384l

(12) The term ‘‘Department of Energy facility’’ means any building, structure, or
premise, including the grounds upon which
such building, structure, or premise is located—
(A) in which operations are, or have been,
conducted by, or on behalf of, the Department of Energy (except for buildings, structures, premises, grounds, or operations covered by Executive Order No. 12344, dated
February 1, 1982, pertaining to the Naval Nuclear Propulsion Program); and
(B) with regard to which the Department
of Energy has or had—
(i) a proprietary interest; or
(ii) entered into a contract with an entity to provide management and operation, management and integration, environmental remediation services, construction, or maintenance services.
(13) The term ‘‘established chronic beryllium
disease’’ means chronic beryllium disease as
established by the following:
(A) For diagnoses on or after January 1,
1993, beryllium sensitivity (as established in
accordance with paragraph (8)(A)), together
with lung pathology consistent with chronic
beryllium disease, including—
(i) a lung biopsy showing granulomas or
a lymphocytic process consistent with
chronic beryllium disease;
(ii) a computerized axial tomography
scan showing changes consistent with
chronic beryllium disease; or
(iii) pulmonary function or exercise testing showing pulmonary deficits consistent
with chronic beryllium disease.
(B) For diagnoses before January 1, 1993,
the presence of—
(i) occupational or environmental history, or epidemiologic evidence of beryllium exposure; and
(ii) any three of the following criteria:
(I) Characteristic chest radiographic
(or computed tomography (CT)) abnormalities.
(II) Restrictive or obstructive lung
physiology testing or diffusing lung capacity defect.
(III) Lung pathology consistent with
chronic beryllium disease.
(IV) Clinical course consistent with a
chronic respiratory disorder.
(V) Immunologic tests showing beryllium sensitivity (skin patch test or beryllium blood test preferred).
(14) The term ‘‘member of the Special Exposure Cohort’’ means a Department of Energy
employee, Department of Energy contractor
employee, or atomic weapons employee who
meets any of the following requirements:
(A) The employee was so employed for a
number of work days aggregating at least
250 work days before February 1, 1992, at a
gaseous diffusion plant located in Paducah,
Kentucky, Portsmouth, Ohio, or Oak Ridge,
Tennessee, and, during such employment—
(i) was monitored through the use of dosimetry badges for exposure at the plant of
the external parts of employee’s body to
radiation; or

§ 7384m

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(ii) worked in a job that had exposures
comparable to a job that is or was monitored through the use of dosimetry
badges.
(B) The employee was so employed before
January 1, 1974, by the Department of Energy or a Department of Energy contractor
or subcontractor on Amchitka Island, Alaska, and was exposed to ionizing radiation in
the performance of duty related to the Long
Shot, Milrow, or Cannikin underground nuclear tests.
(C)(i) Subject to clause (ii), the employee
is an individual designated as a member of
the Special Exposure Cohort by the President for purposes of the compensation program under section 7384q of this title.
(ii) A designation under clause (i) shall,
unless Congress otherwise provides, take effect on the date that is 30 days after the date
on which the President submits to Congress
a report identifying the individuals covered
by the designation and describing the criteria used in designating those individuals.
(15) The term ‘‘occupational illness’’ means
a covered beryllium illness, cancer referred to
in paragraph (9)(B), specified cancer, or chronic silicosis, as the case may be.
(16) The term ‘‘radiation’’ means ionizing radiation in the form of—
(A) alpha particles;
(B) beta particles;
(C) neutrons;
(D) gamma rays; or
(E) accelerated ions or subatomic particles
from accelerator machines.
(17) The term ‘‘specified cancer’’ means any
of the following:
(A) A specified disease, as that term is defined in section 4(b)(2) of the Radiation Exposure Compensation Act (42 U.S.C. 2210
note).
(B) Bone cancer.
(C) Renal cancers.
(D) Leukemia (other than chronic lymphocytic leukemia), if initial occupational exposure occurred before 21 years of age and
onset occurred more than two years after
initial occupational exposure.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3621],
Oct. 30, 2000, 114 Stat. 1654, 1654A–498; Pub. L.
107–20, title II, § 2403(a), July 24, 2001, 115 Stat.
175; Pub. L. 107–107, div. C, title XXXI,
§ 3151(a)(1), (4)(C), Dec. 28, 2001, 115 Stat. 1371,
1374; Pub. L. 108–375, div. C, title XXXI,
§§ 3166(b)(2), 3168(a), Oct. 28, 2004, 118 Stat. 2189,
2190.)
REFERENCES IN TEXT
Executive Order No. 12344, referred to in par. (12)(A),
is set out as a note under section 2511 of Title 50, War
and National Defense.
Section 4(b)(2) of the Radiation Exposure Compensation Act, referred to in par. (17)(A), is section 4(b)(2) of
Pub. L. 101–426, which is set out in a note under section
2210 of this title.
AMENDMENTS
2004—Par. (3). Pub. L. 108–375, § 3168(a), amended par.
(3) generally. Prior to amendment, par. (3) read as fol-

Page 6486

lows: ‘‘The term ‘atomic weapons employee’ means an
individual employed by an atomic weapons employer
during a period when the employer was processing or
producing, for the use by the United States, material
that emitted radiation and was used in the production
of an atomic weapon, excluding uranium mining and
milling.’’
Par. (14)(C)(ii). Pub. L. 108–375, § 3166(b)(2), substituted
‘‘30 days’’ for ‘‘180 days’’.
2001—Par. (17)(C). Pub. L. 107–20 added subpar. (C).
Par. (17)(D). Pub. L. 107–107, § 3151(a)(1), added subpar.
(D).
Par. (18). Pub. L. 107–107, § 3151(a)(4)(C), struck out
par. (18) which read as follows: ‘‘The term ‘survivor’
means any individual or individuals eligible to receive
compensation pursuant to section 8133 of title 5.’’
EFFECTIVE DATE OF 2001 AMENDMENTS
Pub. L. 107–107, div. C, title XXXI, § 3151(a)(4)(D), Dec.
28, 2001, 115 Stat. 1374, provided that: ‘‘The amendments
made by this paragraph [amending this section and sections 7384s and 7384u of this title] shall take effect on
July 1, 2001.’’
Pub. L. 107–20, title II, § 2403(b), July 24, 2001, 115 Stat.
175, provided that: ‘‘This section [amending this section] shall be effective on October 1, 2001.’’

§ 7384m. Expansion of list of beryllium vendors
Not later than December 31, 2002, the President may, in consultation with the Secretary of
Energy, designate as a beryllium vendor for purposes of section 7384l(6) of this title any vendor,
processor, or producer of beryllium or related
products not previously listed under or designated for purposes of such section 7384l(6) of
this title if the President finds that such vendor,
processor, or producer has been engaged in activities related to the production or processing
of beryllium for sale to, or use by, the Department of Energy in a manner similar to the entities listed in such section 7384l(6) of this title.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3622],
Oct. 30, 2000, 114 Stat. 1654, 1654A–502.)
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.

§ 7384n. Exposure in the performance of duty
(a) Beryllium
A covered beryllium employee shall, in the absence of substantial evidence to the contrary, be
determined to have been exposed to beryllium in
the performance of duty for the purposes of the
compensation program if, and only if, the covered beryllium employee was—
(1) employed at a Department of Energy facility; or
(2) present at a Department of Energy facility, or a facility owned and operated by a beryllium vendor, because of employment by the
United States, a beryllium vendor, or a contractor or subcontractor of the Department of
Energy,
during a period when beryllium dust, particles,
or vapor may have been present at such facility.
(b) Cancer
An individual with cancer specified in subclause (I), (II), or (III) of section 7384l(9)(B)(ii) of
this title shall be determined to have sustained

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

that cancer in the performance of duty for purposes of the compensation program if, and only
if, the cancer specified in that subclause was at
least as likely as not related to employment at
the facility specified in that subclause, as determined in accordance with the guidelines established under subsection (c).
(c) Guidelines
(1) For purposes of the compensation program,
the President shall by regulation establish
guidelines for making the determinations required by subsection (b).
(2) The President shall establish such guidelines after technical review by the Advisory
Board on Radiation and Worker Health under
section 7384o of this title.
(3) Such guidelines shall—
(A) be based on the radiation dose received
by the employee (or a group of employees performing similar work) at such facility and the
upper 99 percent confidence interval of the
probability of causation in the radioepidemiological tables published under section 7(b) of
the Orphan Drug Act (42 U.S.C. 241 note), as
such tables may be updated under section
7(b)(3) of such Act from time to time;
(B) incorporate the methods established
under subsection (d); and
(C) take into consideration the type of cancer, past health-related activities (such as
smoking), information on the risk of developing a radiation-related cancer from workplace
exposure, and other relevant factors.
(4) In the case of an atomic weapons employee
described in section 7384l(3)(B) of this title, the
following doses of radiation shall be treated, for
purposes of paragraph (3)(A) of this subsection,
as part of the radiation dose received by the employee at such facility:
(A) Any dose of ionizing radiation received
by that employee from facilities, materials,
devices, or byproducts used or generated in
the research, development, production, dismantlement, transportation, or testing of nuclear weapons, or from any activities to research, produce, process, store, remediate, or
dispose of radioactive materials by or on behalf of the Department of Energy (except for
activities covered by Executive Order No.
12344, dated February 1, 1982 (42 U.S.C. 7158
note) pertaining to the Naval Nuclear Propulsion Program).
(B) Any dose of ionizing radiation received
by that employee from a source not covered by
subparagraph (A) that is not distinguishable
through reliable documentation from a dose
covered by subparagraph (A).
(d) Methods for radiation dose reconstructions
(1) The President shall, through any Federal
agency (other than the Department of Energy)
or official (other than the Secretary of Energy
or any other official within the Department of
Energy) that the President may designate, establish by regulation methods for arriving at
reasonable estimates of the radiation doses received by an individual specified in subparagraph (B) of section 7384l(9) of this title at a facility specified in that subparagraph by each of
the following employees:

§ 7384o

(A) An employee who was not monitored for
exposure to radiation at such facility.
(B) An employee who was monitored inadequately for exposure to radiation at such facility.
(C) An employee whose records of exposure
to radiation at such facility are missing or incomplete.
(2) The President shall establish an independent review process using the Advisory Board on
Radiation and Worker Health to—
(A) assess the methods established under
paragraph (1); and
(B) verify a reasonable sample of the doses
established under paragraph (1).
(e) Information on radiation doses
(1) The Secretary of Energy shall provide, to
each covered employee with cancer specified in
section 7384l(9)(B) of this title, information
specifying the estimated radiation dose of that
employee during each employment specified in
section 7384l(9)(B) of this title, whether established by a dosimetry reading, by a method established under subsection (d), or by both a dosimetry reading and such method.
(2) The Secretary of Health and Human Services and the Secretary of Energy shall each
make available to researchers and the general
public information on the assumptions, methodology, and data used in establishing radiation
doses under subsection (d). The actions taken
under this paragraph shall be consistent with
the protection of private medical records.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3623],
Oct. 30, 2000, 114 Stat. 1654, 1654A–502; Pub. L.
108–375, div. C, title XXXI, § 3168(b), Oct. 28, 2004,
118 Stat. 2190.)
REFERENCES IN TEXT
Section 7(b) of the Orphan Drug Act, referred to in
subsec. (c)(3)(A), is section 7(b) of Pub. L. 97–414, which
is set out in a note under section 241 of this title.
AMENDMENTS
2004—Subsec. (c)(4). Pub. L. 108–375 added par. (4).
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.

§ 7384o. Advisory Board on Radiation and Worker Health
(a) Establishment
(1) Not later than 120 days after October 30,
2000, the President shall establish and appoint
an Advisory Board on Radiation and Worker
Health (in this section referred to as the
‘‘Board’’).
(2) The President shall make appointments to
the Board in consultation with organizations
with expertise on worker health issues in order
to ensure that the membership of the Board reflects a balance of scientific, medical, and worker perspectives.
(3) The President shall designate a Chair for
the Board from among its members.
(b) Duties
The Board shall advise the President on—

§ 7384p

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(1) the development of guidelines under section 7384n(c) of this title;
(2) the scientific validity and quality of dose
estimation and reconstruction efforts being
performed for purposes of the compensation
program; and
(3) such other matters related to radiation
and worker health in Department of Energy
facilities as the President considers appropriate.
(c) Staff
(1) The President shall appoint a staff to facilitate the work of the Board. The staff shall be
headed by a Director who shall be appointed
under subchapter VIII of chapter 33 of title 5.
(2) The President may accept as staff of the
Board personnel on detail from other Federal
agencies. The detail of personnel under this
paragraph may be on a nonreimbursable basis.
(d) Expenses
Members of the Board, other than full-time
employees of the United States, while attending
meetings of the Board or while otherwise serving at the request of the President, while serving away from their homes or regular places of
business, shall be allowed travel and meal expenses, including per diem in lieu of subsistence,
as authorized by section 5703 of title 5 for individuals in the Government serving without pay.
(e) Security clearances
(1) The Secretary of Energy shall ensure that
the members and staff of the Board, and the contractors performing work in support of the
Board, are afforded the opportunity to apply for
a security clearance for any matter for which
such a clearance is appropriate. The Secretary
should, not later than 180 days after receiving a
completed application, make a determination
whether or not the individual concerned is eligible for the clearance.
(2) For fiscal year 2007 and each fiscal year
thereafter, the Secretary of Energy shall include
in the budget justification materials submitted
to Congress in support of the Department of Energy budget for that fiscal year (as submitted
with the budget of the President under section
1105(a) of title 31) a report specifying the number
of applications for security clearances under
this subsection, the number of such applications
granted, and the number of such applications denied.
(f) Information
The Secretary of Energy shall, in accordance
with law, provide to the Board and the contractors of the Board access to any information that
the Board considers relevant to carry out its responsibilities under this subchapter, including
information such as Restricted Data (as defined
in section 2014(y) of this title) and information
covered by the Privacy Act [5 U.S.C. 552a].
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3624],
Oct. 30, 2000, 114 Stat. 1654, 1654A–504; Pub. L.
108–375, div. C, title XXXI, § 3166(a), Oct. 28, 2004,
118 Stat. 2188.)
REFERENCES IN TEXT
The Privacy Act, referred to in subsec. (f), is probably
a reference to section 552a of Title 5, Government Orga-

Page 6488

nization and Employees. See Short Title note set out
under section 552a of Title 5.
AMENDMENTS
2004—Subsecs. (e), (f). Pub. L. 108–375 added subsecs.
(e) and (f).
TERMINATION OF ADVISORY BOARDS
Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President
or an officer of the Federal Government, such board is
renewed by appropriate action prior to the expiration
of such 2-year period, or in the case of a board established by Congress, its duration is otherwise provided
by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct.
6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title
5, Government Organization and Employees.

§ 7384p. Responsibilities of Secretary of Health
and Human Services
The Secretary of Health and Human Services
shall carry out that Secretary’s responsibilities
with respect to the compensation program with
the assistance of the Director of the National
Institute for Occupational Safety and Health.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3625],
Oct. 30, 2000, 114 Stat. 1654, 1654A–504.)
§ 7384q. Designation of additional members of
special exposure cohort
(a) Advice on additional members
(1) The Advisory Board on Radiation and
Worker Health under section 7384o of this title
shall advise the President whether there is a
class of employees at any Department of Energy
facility who likely were exposed to radiation at
that facility but for whom it is not feasible to
estimate with sufficient accuracy the radiation
dose they received.
(2) The advice of the Advisory Board on Radiation and Worker Health under paragraph (1)
shall be based on exposure assessments by radiation health professionals, information provided
by the Department of Energy, and such other information as the Advisory Board considers appropriate.
(3) The President shall request advice under
paragraph (1) after consideration of petitions by
classes of employees described in that paragraph
for such advice. The President shall consider
such petitions pursuant to procedures established by the President.
(b) Designation of additional members
Subject to the provisions of section 7384l(14)(C)
of this title, the members of a class of employees at a Department of Energy facility, or at an
atomic weapons employer facility, may be treated as members of the Special Exposure Cohort
for purposes of the compensation program if the
President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that—
(1) it is not feasible to estimate with sufficient accuracy the radiation dose that the
class received; and
(2) there is a reasonable likelihood that such
radiation dose may have endangered the
health of members of the class.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(c) Deadlines
(1) Not later than 180 days after the date on
which the President receives a petition for designation as members of the Special Exposure Cohort, the Director of the National Institute for
Occupational Safety and Health shall submit to
the Advisory Board on Radiation and Worker
Health a recommendation on that petition, including all supporting documentation.
(2)(A) Upon receipt by the President of a recommendation of the Advisory Board on Radiation and Worker Health that the President
should determine in the affirmative that paragraphs (1) and (2) of subsection (b) apply to a
class, the President shall have a period of 30
days in which to determine whether such paragraphs apply to the class and to submit that determination (whether affirmative or negative)
to Congress.
(B) If the determination submitted by the
President under subparagraph (A) is in the affirmative, the President shall also submit a report meeting the requirements of section
7384l(14)(C)(ii) of this title.
(C) If the President does not submit a determination required by subparagraph (A) within
the period required by subparagraph (A), then
upon the day following the expiration of that period, it shall be deemed for purposes of section
7384l(14)(C)(ii) of this title that the President
submitted the report under that provision on
that day.
(d) Access to information
The Secretary of Energy shall provide, in accordance with law, the Secretary of Health and
Human Services and the members and staff of
the Advisory Board on Radiation and Worker
Health access to relevant information on worker
exposures, including access to Restricted Data
(as defined in section 2014(y) of this title.1
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3626],
Oct. 30, 2000, 114 Stat. 1654, 1654A–504; Pub. L.
107–107, div. C, title XXXI, § 3151(a)(2), Dec. 28,
2001, 115 Stat. 1372; Pub. L. 108–375, div. C, title
XXXI, § 3166(b)(1), Oct. 28, 2004, 118 Stat. 2188.)
AMENDMENTS
2004—Subsecs. (c), (d). Pub. L. 108–375 added subsec.
(c) and redesignated former subsec. (c) as (d).
2001—Subsec. (b). Pub. L. 107–107 inserted ‘‘, or at an
atomic weapons employer facility,’’ after ‘‘Department
of Energy facility’’ in introductory provisions.

§ 7384r. Separate treatment of chronic silicosis
(a) Sense of Congress
Congress finds that employees who worked in
Department of Energy test sites and later contracted chronic silicosis should also be considered for inclusion in the compensation program.
Recognizing that chronic silicosis resulting
from exposure to silica is not a condition unique
to the nuclear weapons industry, it is not the intent of Congress with this subchapter to establish a precedent on the question of chronic silicosis as a compensable occupational disease.
Consequently, it is the sense of Congress that a
further determination by the President is appro1 So

in original. A closing parenthesis should probably follow
‘‘title’’.

§ 7384s

priate before these workers are included in the
compensation program.
(b) Certification by President
A covered employee with chronic silicosis
shall be treated as a covered employee (as defined in section 7384l(1) of this title) for the purposes of the compensation program required by
section 7384d of this title unless the President
submits to Congress not later than 180 days
after October 30, 2000, the certification of the
President that there is insufficient basis to include such employees. The President shall submit with the certification any recommendations
about the compensation program with respect to
covered employees with chronic silicosis as the
President considers appropriate.
(c) Exposure to silica in the performance of duty
A covered employee shall, in the absence of
substantial evidence to the contrary, be determined to have been exposed to silica in the performance of duty for the purposes of the compensation program if, and only if, the employee
was present for a number of work days aggregating at least 250 work days during the mining of
tunnels at a Department of Energy facility located in Nevada or Alaska for tests or experiments related to an atomic weapon.
(d) Covered employee with chronic silicosis
For purposes of this subchapter, the term
‘‘covered employee with chronic silicosis’’
means a Department of Energy employee, or a
Department of Energy contractor employee,
with chronic silicosis who was exposed to silica
in the performance of duty as determined under
subsection (c).
(e) Chronic silicosis
For purposes of this subchapter, the term
‘‘chronic silicosis’’ means a nonmalignant lung
disease if—
(1) the initial occupational exposure to silica
dust preceded the onset of silicosis by at least
10 years; and
(2) a written diagnosis of silicosis is made by
a medical doctor and is accompanied by—
(A) a chest radiograph, interpreted by an
individual certified by the National Institute for Occupational Safety and Health as a
B reader, classifying the existence of pneumoconioses of category 1/0 or higher;
(B) results from a computer assisted
tomograph or other imaging technique that
are consistent with silicosis; or
(C) lung biopsy findings consistent with
silicosis.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3627],
Oct. 30, 2000, 114 Stat. 1654, 1654A–505; Pub. L.
107–107, div. C, title XXXI, § 3151(a)(3), Dec. 28,
2001, 115 Stat. 1372.)
AMENDMENTS
2001—Subsec. (e)(2)(A). Pub. L. 107–107 substituted
‘‘category 1/0’’ for ‘‘category 1/1’’.

§ 7384s. Compensation and benefits to be provided
(a) Compensation provided
(1) Except as provided in paragraph (2), a covered employee, or the survivor of that covered

§ 7384t

TITLE 42—THE PUBLIC HEALTH AND WELFARE

employee if the employee is deceased, shall receive compensation for the disability or death of
that employee from that employee’s occupational illness in the amount of $150,000.
(2) A covered employee shall, to the extent
that employee’s occupational illness is established beryllium sensitivity, receive beryllium
sensitivity monitoring under subsection (c) in
lieu of compensation under paragraph (1).
(b) Medical benefits
A covered employee shall receive medical benefits under section 7384t of this title for that employee’s occupational illness.
(c) Beryllium sensitivity monitoring
An individual receiving beryllium sensitivity
monitoring under this subsection shall receive
the following:
(1) A thorough medical examination to confirm the nature and extent of the individual’s
established beryllium sensitivity.
(2) Regular medical examinations thereafter
to determine whether that individual has developed established chronic beryllium disease.
(d) Payment from compensation fund
The compensation provided under this section,
when authorized or approved by the President,
shall be paid from the compensation fund established 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 compensation under this section, whether or not the
death is the result of the covered employee’s occupational 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 covered 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 children described in subparagraph (B), such payment shall be made in equal shares to the parents 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 children described in subparagraph (B) or parents
described in subparagraph (C), such payment
shall be made in equal shares to all grandchildren of the covered employee who are living at the time of payment.
(E) If there is no surviving spouse described
in subparagraph (A), and if there are no children described in subparagraph (B), parents
described in subparagraph (C), or grandchildren 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 subparagraph (A); and

Page 6490

(ii) at least one child of the covered employee who is living and a minor at the time
of payment and who is not a recognized natural 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 living 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 immediately 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) Effective date
This section shall take effect on July 31, 2001,
unless Congress otherwise provides in an Act enacted before that date.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3628],
Oct. 30, 2000, 114 Stat. 1654, 1654A–506; Pub. L.
107–107, div. C, title XXXI, § 3151(a)(4)(A), Dec. 28,
2001, 115 Stat. 1372.)
AMENDMENTS
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 covered employee dies before the effective date specified in
subsection (f) of this section, whether or not the death
is a result of that employee’s occupational illness, 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 section shall be afforded to survivors in the same order of
precedence as that set forth in section 8109 of title 5.’’
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.

§ 7384t. Medical benefits
(a) Medical benefits provided
The United States shall furnish, to an individual receiving medical benefits under this section
for an illness, the services, appliances, and supplies prescribed or recommended by a qualified
physician for that illness, which the President
considers likely to cure, give relief, or reduce
the degree or the period of that illness.
(b) Persons furnishing benefits
(1) These services, appliances, and supplies
shall be furnished by or on the order of United

Page 6491

TITLE 42—THE PUBLIC HEALTH AND WELFARE

States medical officers and hospitals, or, at the
individual’s option, by or on the order of physicians and hospitals designated or approved by
the President.
(2) The individual may initially select a physician to provide medical services, appliances, and
supplies under this section in accordance with
such regulations and instructions as the President considers necessary.
(c) Transportation and expenses
The individual may be furnished necessary and
reasonable transportation and expenses incident
to the securing of such services, appliances, and
supplies.
(d) Commencement of benefits
An individual receiving benefits under this
section shall be furnished those benefits as of
the date on which that individual submitted the
claim for those benefits in accordance with this
subchapter.
(e) Payment from compensation fund
The benefits provided under this section, when
authorized or approved by the President, shall
be paid from the compensation fund established
under section 7384e of this title.
(f) Effective date
This section shall take effect on July 31, 2001,
unless Congress otherwise provides in an Act enacted before that date.
(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 Exposure 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 employee’’), or the survivor of that covered uranium 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 established 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 compensation under this section, whether or not the

§ 7384u

death is the result of the covered employee’s occupational 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 covered 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 children described in subparagraph (B), such payment shall be made in equal shares to the parents 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 children described in subparagraph (B) or parents
described in subparagraph (C), such payment
shall be made in equal shares to all grandchildren of the covered employee who are living at the time of payment.
(E) If there is no surviving spouse described
in subparagraph (A), and if there are no children described in subparagraph (B), parents
described in subparagraph (C), or grandchildren 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 subparagraph (A); and
(ii) at least one child of the covered employee who is living and a minor at the time
of payment and who is not a recognized natural 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 living 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 immediately 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-

§ 7384v

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 enacted 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.)
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, as amended, 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 covered uranium employee dies before the effective date
specified in subsection (g) of this section, whether or
not the death is a result of the illness specified in subsection (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 section shall be afforded to survivors in the same order of
precedence as that set forth in section 8109 of title 5.’’
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 request for assistance from a claimant under the
compensation program, provide assistance to
the claimant in connection with the claim, including—
(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

Page 6492

other support necessary for making claims, including—
(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 development 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 contractor 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.)
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 witnesses
The Secretary of Labor, with respect to any
matter under this part, may—
(1) issue subpoenas for and compel the attendance 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 determines it useful and practicable, the Secretary
of Labor shall direct the Director of the National 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 Energy and such other information as is available,
including information available from the former
worker medical screening programs of the Department 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-

Page 6493

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 facilities for which a site profile has not been completed. Not later than March 1, 2005, the Secretary of Health and Human Services shall submit 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
subchapter shall be offset by the amount of any
payment made pursuant to a final award or settlement on a claim (other than a claim for
worker’s compensation), against any person,
that is based on injuries incurred by that individual 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.)
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 employee, covered employee with cancer, covered employee 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 beryllium, 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.)
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

§ 7385c

behalf of that individual against the United
States, against a Department of Energy contractor 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.)
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 subcontractors
(a) In general
The liability of the United States or an instrumentality of the United States under this subchapter with respect to a cancer (including a
specified cancer), chronic silicosis, covered beryllium 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 management and operation, management and integration, or environmental remediation of a
Department of Energy facility (in its capacity as a contractor);
(D) a subcontractor that provided services,
including construction, at a Department of
Energy facility (in its capacity as a subcontractor); and
(E) an employee, agent, or assign of an entity specified in subparagraphs (A) through
(D);
(2) to—
(A) the covered employee;
(B) the covered employee’s legal representative, 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 silicosis, covered beryllium illness, or death,
otherwise entitled to recover damages from
the United States, the instrumentality, the
contractor, the subcontractor, or the employee, agent, or assign of one of them,
because of the cancer (including a specified cancer), chronic silicosis, covered beryllium illness,
or death in any proceeding or action including a
direct judicial proceeding, a civil action, a proceeding 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.

§ 7385d

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(c) Workers’ compensation
This section does not apply to an administrative 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 cancer), 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.
108–375, div. C, title XXXI, § 3162(d), Oct. 28, 2004,
118 Stat. 2186.)
AMENDMENTS
2004—Subsec. (d). Pub. L. 108–375 added subsec. (d).

§ 7385d. Election of remedy for beryllium employees and atomic weapons employees
(a) Effect of tort cases filed before enactment of
original law
(1) Except as provided in paragraph (2), if an
otherwise eligible individual filed a tort case
specified in subsection (d) before October 30,
2000, such individual shall be eligible for compensation and benefits under part B.
(2) If such tort case remained pending as of December 28, 2001, and such individual does not dismiss such tort case before December 31, 2003,
such individual shall not be eligible for such
compensation or benefits.
(b) Effect of tort cases filed between enactment
of original law and enactment of 2001
amendments
(1) Except as provided in paragraph (2), if an
otherwise eligible individual filed a tort case
specified in subsection (d) during the period beginning on October 30, 2000, and ending on December 28, 2001, such individual shall not be eligible for such compensation or benefits.
(2) If such individual dismisses such tort case
on or before the last permissible date specified
in paragraph (3), such individual shall be eligible
for such compensation or benefits.
(3) The last permissible date referred to in
paragraph (2) is the later of the following dates:
(A) April 30, 2003.
(B) The date that is 30 months after the date
the individual first becomes aware that an illness covered by part B of a covered employee
may be connected to the exposure of the covered employee in the performance of duty
under section 7384n of this title.
(c) Effect of tort cases filed after enactment of
2001 amendments
(1) If an otherwise eligible individual files a
tort case specified in subsection (d) after December 28, 2001, such individual shall not be eligible
for such compensation or benefits if a final
court decision is entered against such individual
in such tort case.
(2) If such a final court decision is not entered,
such individual shall nonetheless not be eligible
for such compensation or benefits, except as follows: If such individual dismisses such tort case

Page 6494

on or before the last permissible date specified
in paragraph (3), such individual shall be eligible
for such compensation and benefits.
(3) The last permissible date referred to in
paragraph (2) is the later of the following dates:
(A) April 30, 2003.
(B) The date that is 30 months after the date
the individual first becomes aware that an illness covered by part B of a covered employee
may be connected to the exposure of the covered employee in the performance of duty
under section 7384n of this title.
(d) Covered tort cases
A tort case specified in this subsection is a
tort case alleging a claim referred to in section
7385b of this title against a beryllium vendor or
atomic weapons employer.
(e) Workers’ compensation
This section does not apply to an administrative or judicial proceeding under a State or Federal workers’ compensation law.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3645],
Oct. 30, 2000, 114 Stat. 1654, 1654A–510; Pub. L.
107–107, div. C, title XXXI, § 3151(a)(5), Dec. 28,
2001, 115 Stat. 1374.)
AMENDMENTS
2001—Subsecs. (a) to (d). Pub. L. 107–107 amended
headings and text of subsecs. (a) to (d) generally, substituting present provisions for provisions relating to
election to file suit in subsec. (a), applicable time limits in subsec. (b), dismissal of claims in subsec. (c), and
dismissal of pending suit in subsec. (d).

§ 7385e. Certification of treatment of payments
under other laws
Compensation or benefits provided to an individual under this subchapter—
(1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and
(2) shall not be included as income or resources for purposes of determining eligibility
to receive benefits described in section
3803(c)(2)(C) of title 31 or the amount of such
benefits.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3646],
Oct. 30, 2000, 114 Stat. 1654, 1654A–510; Pub. L.
108–375, div. C, title XXXI, § 3162(e), Oct. 28, 2004,
118 Stat. 2186.)
AMENDMENTS
2004—Pub. L. 108–375 substituted ‘‘this subchapter’’
for ‘‘part B’’.

§ 7385f. Claims not assignable or transferable;
choice of remedies
(a) Claims not assignable or transferable
No claim cognizable under this subchapter
shall be assignable or transferable.
(b) Choice of remedies
No individual may receive more than one payment of compensation under part B.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3647],
Oct. 30, 2000, 114 Stat. 1654, 1654A–511; Pub. L.
108–375, div. C, title XXXI, § 3162(f), Oct. 28, 2004,
118 Stat. 2186.)
AMENDMENTS
2004—Subsec. (a). Pub. L. 108–375 substituted ‘‘this
subchapter’’ for ‘‘part B’’.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 7385j–1

§ 7385g. Attorney fees

§ 7385i. Forfeiture of benefits by convicted felons

(a) General rule
Notwithstanding any contract, the representative of an individual may not receive, for services rendered in connection with the claim of an
individual for payment of lump-sum compensation under part B, more than that percentage
specified in subsection (b) of a payment made
under part B on such claim.
(b) Applicable percentage limitations

(a) Forfeiture of compensation

The percentage referred to in subsection (a)
is—
(1) 2 percent for the filing of an initial claim
for payment of lump-sum compensation; and
(2) 10 percent with respect to objections to a
recommended decision denying payment of
lump-sum compensation.
(c) Inapplicability to other services

Any individual convicted of a violation of section 1920 of title 18, or any other Federal or
State criminal statute relating to fraud in the
application for or receipt of any benefit under
this subchapter or under any other Federal or
State workers’ compensation law, shall forfeit
(as of the date of such conviction) any entitlement to any compensation or benefit under this
subchapter such individual would otherwise be
awarded for any injury, illness or death covered
by this subchapter for which the time of injury
was on or before the date of the conviction.

This section shall not apply with respect to
services rendered that are not in connection
with such a claim for payment of lump-sum
compensation.
(d) Penalty
Any such representative who violates this section shall be fined not more than $5,000.

(b) Information
Notwithstanding section 552a of title 5, or any
other Federal or State law, an agency of the
United States, a State, or a political subdivision
of a State shall make available to the President,
upon written request from the President and if
the President requires the information to carry
out this section, the names and Social Security
account numbers of individuals confined, for
conviction of a felony, in a jail, prison, or other
penal institution or correctional facility under
the jurisdiction of that agency.

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3648],
Oct. 30, 2000, 114 Stat. 1654, 1654A–511; Pub. L.
107–107, div. C, title XXXI, § 3151(a)(6), Dec. 28,
2001, 115 Stat. 1375.)

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3650],
Oct. 30, 2000, 114 Stat. 1654, 1654A–511; Pub. L.
108–375, div. C, title XXXI, § 3162(h), Oct. 28, 2004,
118 Stat. 2186.)

AMENDMENTS
2001—Subsec. (a). Pub. L. 107–107, § 3151(a)(6)(A), inserted ‘‘for payment of lump-sum compensation’’ after
‘‘the claim of an individual’’.
Subsec. (b)(1). Pub. L. 107–107, § 3151(a)(6)(B), inserted
‘‘for payment of lump-sum compensation’’ after ‘‘initial claim’’.
Subsec. (b)(2). Pub. L. 107–107, § 3151(a)(6)(C), substituted ‘‘with respect to objections to a recommended
decision denying payment of lump-sum compensation’’
for ‘‘with respect to any claim with respect to which a
representative has made a contract for services before
October 30, 2000’’.
Subsecs. (c), (d). Pub. L. 107–107, § 3151(a)(6)(D), (E),
added subsec. (c) and redesignated former subsec. (c) as
(d).

§ 7385h. Certain claims not affected by awards of
damages
A payment under this subchapter shall not be
considered as any form of compensation or reimbursement for a loss for purposes of imposing liability on any individual receiving such payment, on the basis of such receipt, to repay any
insurance carrier for insurance payments, or to
repay any person on account of worker’s compensation payments; and a payment under this
subchapter shall not affect any claim against an
insurance carrier with respect to insurance or
against any person with respect to worker’s
compensation.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3649],
Oct. 30, 2000, 114 Stat. 1654, 1654A–511; Pub. L.
108–375, div. C, title XXXI, § 3162(g), Oct. 28, 2004,
118 Stat. 2186.)
AMENDMENTS
2004—Pub. L. 108–375 substituted ‘‘this subchapter’’
for ‘‘part B’’ in two places.

AMENDMENTS
2004—Subsec. (a). Pub. L. 108–375 substituted ‘‘this
subchapter’’ for ‘‘part B’’ wherever appearing.

§ 7385j. Coordination with other Federal radiation compensation laws
Except in accordance with section 7384u of this
title, an individual may not receive compensation or benefits under the compensation program for cancer and also receive compensation
under the Radiation Exposure Compensation
Act (42 U.S.C. 2210 note) or section 1112(c) of
title 38.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3651],
Oct. 30, 2000, 114 Stat. 1654, 1654A–512.)
REFERENCES IN TEXT
The Radiation Exposure Compensation Act, referred
to in text, is Pub. L. 101–426, Oct. 15, 1990, 104 Stat. 920,
as amended, which is set out as a note under section
2210 of this title.

§ 7385j–1. Social Security earnings information
Notwithstanding the provision of section 552a
of title 5 or any other provision of Federal or
State law, the Social Security Administration
shall make available to the Secretary of Labor,
upon written request, the Social Security earnings information of living or deceased employees
who may have sustained an illness that is the
subject of a claim under this subchapter, which
the Secretary of Labor may require to carry out
the provisions of this subchapter.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3652],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3163(b), Oct. 28, 2004, 118 Stat. 2187.)

§ 7385j–2

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 7385j–2. Recovery and waiver of overpayments
(a) In general
When an overpayment has been made to an individual under this subchapter because of an
error of fact or law, recovery shall be made
under regulations prescribed by the Secretary of
Labor by decreasing later payments to which
the individual is entitled. If the individual dies
before the recovery is completed, recovery shall
be made by decreasing later benefits payable
under this subchapter with respect to the individual’s death.
(b) Waiver
Recovery by the United States under this section may not be made when incorrect payment
has been made to an individual who is without
fault and when adjustment or recovery would
defeat the purpose of this subchapter or would
be against equity and good conscience.
(c) Liability
A certifying or disbursing official is not liable
for an amount certified or paid by him when recovery of the amount is waived under subsection
(b) of this section, or when recovery under subsection (a) of this section is not completed before the death of all individuals against whose
benefits deductions are authorized.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3653],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3163(c), Oct. 28, 2004, 118 Stat. 2187.)
PART D—ASSISTANCE IN STATE WORKERS’
COMPENSATION PROCEEDINGS
§ 7385o. Repealed. Pub. L. 108–375, div. C, title
XXXI, § 3162(i), Oct. 28, 2004, 118 Stat. 2186
Section, Pub. L. 106–398, § 1 [div. C, title XXXVI,
§ 3661], Oct. 30, 2000, 114 Stat. 1654, 1654A–512, authorized
Secretary of Energy to enter agreements with States to
provide assistance to Department of Energy contractor
employees in filing claims under the appropriate State
workers’ compensation system.

PART E—CONTRACTOR EMPLOYEE COMPENSATION
§ 7385s. Definitions
In this part:
(1) The term ‘‘covered DOE contractor employee’’ means any Department of Energy contractor employee determined under section
7385s–4 of this title to have contracted a covered illness through exposure at a Department
of Energy facility.
(2) The term ‘‘covered illness’’ means an illness or death resulting from exposure to a
toxic substance.
(3) The term ‘‘Secretary’’ means the Secretary of Labor.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3671],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3161, Oct. 28, 2004, 118 Stat. 2178.)
§ 7385s–1. Compensation to be provided
Subject to the other provisions of this part:
(1) Contractor employees
A covered DOE contractor employee shall
receive contractor employee compensation

Page 6496

under this part in accordance with section
7385s–2 of this title.
(2) Survivors
After the death of a covered DOE contractor
employee, compensation referred to in paragraph (1) shall not be paid. Instead, the survivor of that employee shall receive compensation as follows:
(A) Except as provided in subparagraph
(B), the survivor of that employee shall receive contractor employee compensation
under this part in accordance with section
7385s–3 of this title.
(B) In a case in which the employee’s
death occurred after the employee applied
under this part and before compensation was
paid under paragraph (1), and the employee’s
death occurred from a cause other than the
covered illness of the employee, the survivor
of that employee may elect to receive, in
lieu of compensation under subparagraph
(A), the amount of contractor employee
compensation that the employee would have
received in accordance with section 7385s–2
of this title if the employee’s death had not
occurred before compensation was paid
under paragraph (1).
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3672],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3161, Oct. 28, 2004, 118 Stat. 2178.)
§ 7385s–2. Compensation schedule for contractor
employees
(a) Compensation provided
The amount of contractor employee compensation under this part for a covered DOE contractor employee shall be the sum of the
amounts determined under paragraphs (1) and
(2), as follows:
(1) Impairment
(A) The Secretary shall determine—
(i) the minimum impairment rating of
that employee, expressed as a number of percentage points; and
(ii) the number of those points that are the
result of any covered illness contracted by
that employee through exposure to a toxic
substance at a Department of Energy facility.
(B) The employee shall receive an amount
under this paragraph equal to $2,500 multiplied
by the number referred to in clause (ii) of subparagraph (A).
(2) Wage loss
(A) The Secretary shall determine—
(i) the calendar month during which the
employee first experienced wage loss as the
result of any covered illness contracted by
that employee through exposure to a toxic
substance at a Department of Energy facility;
(ii) the average annual wage of the employee for the 36-month period immediately
preceding the calendar month referred to in
clause (i), excluding any portions of that period during which the employee was unemployed; and

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(iii) beginning with the calendar year that
includes the calendar month referred to in
clause (i), through and including the calendar year during which the employee attained normal retirement age (for purposes
of the Social Security Act [42 U.S.C. 301 et
seq.])—
(I) the number of calendar years during
which, as the result of any covered illness
contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee’s
annual wage exceeded 50 percent of the average annual wage determined under
clause (ii), but did not exceed 75 percent of
the average annual wage determined under
clause (ii); and
(II) the number of calendar years during
which, as the result of any covered illness
contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee’s
annual wage did not exceed 50 percent of
the average annual wage determined under
clause (ii).
(B) The employee shall receive an amount
under this paragraph equal to the sum of—
(i) $10,000 multiplied by the number referred to in clause (iii)(I) of subparagraph
(A); and
(ii) $15,000 multiplied by the number referred to in clause (iii)(II) of subparagraph
(A).
(b) Determination of minimum impairment rating
For purposes of subsection (a), a minimum impairment rating shall be determined in accordance with the American Medical Association’s
Guides to the Evaluation of Permanent Impairment.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3673],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3161, Oct. 28, 2004, 118 Stat. 2179.)
REFERENCES IN TEXT
The Social Security Act, referred to in subsec.
(a)(2)(A)(iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as
amended, which is classified generally to chapter 7
(§ 301 et seq.) of this title. For complete classification of
this Act to the Code, see section 1305 of this title and
Tables.

§ 7385s–3. Compensation schedule for survivors
(a) Categories of compensation
The amount of contractor employee compensation under this part for the survivor of a
covered DOE contractor employee shall be determined as follows:
(1) Category one
The survivor shall receive the amount of
$125,000, if the Secretary determines that—
(A) the employee would have been entitled
to compensation under section 7385s–4 of this
title for a covered illness; and
(B) it is at least as likely as not that exposure to a toxic substance at a Department of
Energy facility was a significant factor in
aggravating, contributing to, or causing the
death of such employee.

§ 7385s–3

(2) Category two
The survivor shall receive the amount of
$150,000, if paragraph (1) applies to the employee and the Secretary also determines that
there was an aggregate period of not less than
10 years, before the employee attained normal
retirement age (for purposes of the Social Security Act [42 U.S.C. 301 et seq.]), during
which, as the result of any covered illness contracted by that employee through exposure to
a toxic substance at a Department of Energy
facility, the employee’s annual wage did not
exceed 50 percent of the average annual wage
of that employee, as determined under section
7385s–2(a)(2)(A)(ii) of this title.
(3) Category three
The survivor shall receive the amount of
$175,000, if paragraph (1) applies to the employee and the Secretary also determines that
there was an aggregate period of not less than
20 years, before the employee attained normal
retirement age (for purposes of the Social Security Act [42 U.S.C. 301 et seq.]), during
which, as the result of any covered illness contracted by that employee through exposure to
a toxic substance at a Department of Energy
facility, the employee’s annual wage did not
exceed 50 percent of the average annual wage
of that employee, as determined under section
7385s–2(a)(2)(A)(ii) of this title.
(b) One amount only
The survivor of a covered DOE contractor employee to whom more than one amount under
subsection (a) applies shall receive only the
highest such amount.
(c) Determination and allocation of shares
The amount under subsection (a) shall be paid
only as follows:
(1) If a covered spouse is alive at the time of
payment, such payment shall be made to such
surviving spouse.
(2) If there is no covered spouse described in
paragraph (1), such payment shall be made in
equal shares to all covered children who are
alive at the time of payment.
(3) Notwithstanding the other provisions of
this subsection, if there is—
(A) a covered spouse described in paragraph (1); and
(B) at least one covered child of the employee who is living at the time of payment
and who is not a recognized natural child or
adopted child of such covered spouse,
then half of such payment shall be made to
such covered spouse, and the other half of such
payment shall be made in equal shares to each
covered child of the employee who is living at
the time of payment.
(d) Definitions
In this section:
(1) The term ‘‘covered spouse’’ means a
spouse of the employee who was married to
the employee for at least one year immediately before the employee’s death.
(2) The term ‘‘covered child’’ means a child
of the employee who, as of the employee’s
death—
(A) had not attained the age of 18 years;

§ 7385s–4

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(B) had not attained the age of 23 years
and was a full-time student who had been
continuously enrolled as a full-time student
in one or more educational institutions
since attaining the age of 18 years; or
(C) had been incapable of self-support.
(3) The term ‘‘child’’ includes a recognized
natural child, a stepchild who lived with an individual in a regular parent-child relationship,
and an adopted child.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3674],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3161, Oct. 28, 2004, 118 Stat. 2180.)
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (a)(2),
(3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended,
which is classified generally to chapter 7 (§ 301 et seq.)
of this title. For complete classification of this Act to
the Code, see section 1305 of this title and Tables.

§ 7385s–4. Determinations regarding contraction
of covered illnesses
(a) Cases determined under part B
A determination under part B that a Department of Energy contractor employee is entitled
to compensation under that part for an occupational illness shall be treated for purposes of
this part as a determination that the employee
contracted that illness through exposure at a
Department of Energy facility.
(b) Cases determined under former part D
In the case of a covered illness of an employee
with respect to which a panel has made a positive determination under section 7385o(d) of this
title and the Secretary of Energy has accepted
that determination under section 7385o(e)(2) of
this title, or with respect to which a panel has
made a negative determination under section
7385o(d) of this title and the Secretary of Energy
has found significant evidence to the contrary
under section 7385o(e)(2) of this title, that determination shall be treated for purposes of this
part as a determination that the employee contracted the covered illness through exposure at
a Department of Energy facility.
(c) Other cases
(1) In any other case, a Department of Energy
contractor employee shall be determined for
purposes of this part to have contracted a covered illness through exposure at a Department
of Energy facility if—
(A) it is at least as likely as not that exposure to a toxic substance at a Department of
Energy facility was a significant factor in aggravating, contributing to, or causing the illness; and
(B) it is at least as likely as not that the exposure to such toxic substance was related to
employment at a Department of Energy facility.
(2) A determination under paragraph (1) shall
be made by the Secretary.
(d) Applications by spouses and children
If a spouse or child of a Department of Energy
contractor employee applies for benefits under
this part, the Secretary shall make a determination under this section with respect to that em-

Page 6498

ployee without regard to whether the spouse is
a ‘‘covered spouse’’, or the child is a ‘‘covered
child’’, under this part.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3675],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3161, Oct. 28, 2004, 118 Stat. 2181.)
REFERENCES IN TEXT
Section 7385o of this title, referred to in subsec. (b),
was repealed by Pub. L. 108–375, div. C, title XXXI,
§ 3162(i), Oct. 28, 2004, 118 Stat. 2186.

§ 7385s–5. Applicability to certain uranium employees
(a) In general
This part shall apply to—
(1) a section 5 payment recipient who contracted a section 5 illness through a section 5
exposure at a section 5 facility, or
(2) a section 5 uranium worker determined
under section 7385s–4(c) of this title to have
contracted a covered illness through exposure
to a toxic substance at a section 5 mine or
mill,
(or to the survivor of that employee, as applicable) on the same basis as it applies to a Department of Energy contractor employee determined
under section 7385s–4 of this title to have contracted a covered illness through exposure to a
toxic substance at a Department of Energy facility (or to the survivor of that employee, as applicable).
(b) Definitions
In this section:
(1) The term ‘‘section 5 payment recipient’’
means an individual who receives, or has received, $100,000 under section 5 of the Radiation Exposure Compensation Act (42 U.S.C.
2210 note) for a claim made under that Act.
(2) The terms ‘‘section 5 exposure’’, ‘‘section
5 facility’’, and ‘‘section 5 illness’’ mean the
exposure, facility, and illness, respectively, to
which an individual’s status as a section 5 payment recipient relates.
(3) The term ‘‘section 5 uranium worker’’
means an individual to whom subsection
(a)(1)(A)(i) of section 5 of the Radiation Exposure Compensation Act applies (whether directly or by reason of subsection (a)(2)).
(4) The term ‘‘section 5 mine or mill’’ means
the mine or mill to which an individual’s
status as a section 5 uranium worker relates.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3676],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3161, Oct. 28, 2004, 118 Stat. 2182.)
REFERENCES IN TEXT
The Radiation Exposure Compensation Act, referred
to in subsec. (b), is Pub. L. 101–426, Oct. 15, 1990, 104
Stat. 920, as amended, which is set out as a note under
section 2210 of this title.

§ 7385s–6. Administrative and judicial review
(a) Judicial review
A person adversely affected or aggrieved by a
final decision of the Secretary under this part
may review that order in the United States district court in the district in which the injury

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

was sustained, the employee lives, the survivor
lives, or the District of Columbia, by filing in
such court within 60 days after the date on
which that final decision was issued a written
petition praying that such decision be modified
or set aside. The person shall also provide a copy
of the petition to the Secretary. Upon such filing, the court shall have jurisdiction over the
proceeding and shall have the power to affirm,
modify, or set aside, in whole or in part, such decision. The court may modify or set aside such
decision only if the court determines that such
decision was arbitrary and capricious.
(b) Administrative review
The Secretary shall ensure that recommended
decisions of the Secretary with respect to a
claim under this part are subject to administrative review. The Secretary shall prescribe regulations for carrying out such review or shall
apply to this part the regulations applicable to
recommended decisions under part B.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3677],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3161, Oct. 28, 2004, 118 Stat. 2182.)
§ 7385s–7. Physicians services
(a) In general
The Secretary may utilize the services of physicians for purposes of making determinations
under this part.
(b) Physicians
Any physicians whose services are utilized
under subsection (a) of this section shall possess
appropriate expertise and experience in the evaluation and determination of the extent of permanent physical impairments or in the evaluation and diagnosis of illnesses or deaths aggravated, contributed to, or caused by exposure to
toxic substances.
(c) Arrangement
The Secretary may secure the services of physicians utilized under subsection (a) of this section through the appointment of physicians or
by contract.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3678],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3161, Oct. 28, 2004, 118 Stat. 2182.)
§ 7385s–8. Medical benefits
A covered DOE contractor employee shall be
furnished medical benefits specified in section
7384t of this title for the covered illness to the
same extent, and under the same conditions and
limitations, as an individual eligible for medical
benefits under that section is furnished medical
benefits under that section.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3679],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3161, Oct. 28, 2004, 118 Stat. 2183.)
§ 7385s–9. Attorney fees
Section 7385g of this title shall apply to a payment under this part to the same extent that it
applies to a payment under part B.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3680],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3161, Oct. 28, 2004, 118 Stat. 2183.)

§ 7385s–10

§ 7385s–10. Administrative matters
(a) In general
The Secretary shall administer this part.
(b) Contract authority
The Secretary may enter into contracts with
appropriate persons and entities to administer
this part.
(c) Records
(1)(A) The Secretary of Energy shall provide to
the Secretary all records, files, and other data,
whether paper, electronic, imaged, or otherwise,
developed by the Secretary of Energy that are
applicable to the administration of this part, including records, files, and data on facility industrial hygiene, employment of individuals or
groups, exposure and medical records, and
claims applications.
(B) In providing records, files, and other data
under this paragraph, the Secretary of Energy
shall preserve the current organization of such
records, files, and other data, and shall provide
such description and indexing of such records,
files, and other data as the Secretary considers
appropriate to facilitate their use by the Secretary.
(2) The Secretary of Energy and the Secretary
shall jointly undertake such actions as are appropriate to retrieve records applicable to the
claims of Department of Energy contractor employees for contractor employee compensation
under this part, including employment records,
records of exposure to beryllium, radiation, silica, or other toxic substances, and records regarding medical treatment.
(d) Information
At the request of the Secretary, the Secretary
of Energy and any contractor who employed a
Department of Energy contractor employee
shall, within time periods specified by the Secretary, provide to the Secretary and to the employee information or documents in response to
the request.
(e) Regulations
The Secretary shall prescribe regulations necessary for the administration of this part. The
initial regulations shall be prescribed not later
than 210 days after October 28, 2004. The Secretary may prescribe interim final regulations
necessary to meet the deadlines specified in this
part.
(f) Transition provisions
(1) The Secretary shall commence the administration of the provisions of this part not later
than 210 days after October 28, 2004.
(2) Until the commencement of the administration of this part, the Department of Energy
Physicians Panels appointed pursuant to part D
shall continue to consider and issue determinations concerning any cases pending before such
Panels immediately before October 28, 2004.
(3) The Secretary shall take such actions as
are appropriate to identify other activities
under part D that will continue until the commencement of the administration of this part.
(g) Previous applications
Upon the commencement of the administration of this part, any application previously

§ 7385s–11

TITLE 42—THE PUBLIC HEALTH AND WELFARE

filed with the Secretary of Energy pursuant to
part D shall be considered to have been filed
with the Secretary as a claim for benefits pursuant to this part.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3681],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3161, Oct. 28, 2004, 118 Stat. 2183.)
REFERENCES IN TEXT
Part D, referred to in subsecs. (f)(2), (3) and (g), was
repealed by Pub. L. 108–375, div. C, title XXXI, § 3162(i),
Oct. 28, 2004, 118 Stat. 2186.

§ 7385s–11. Coordination of benefits with respect
to State workers compensation
(a) In general
An individual who has been awarded compensation under this part, and who has also received benefits from a State workers compensation system by reason of the same covered illness, shall receive compensation specified in
this part reduced by the amount of any workers
compensation benefits, other than medical benefits and benefits for vocational rehabilitation,
that the individual has received under the State
workers compensation system by reason of the
covered illness, after deducting the reasonable
costs, as determined by the Secretary, of obtaining those benefits under the State workers compensation system.
(b) Waiver
The Secretary may waive the provisions of
subsection (a) if the Secretary determines that
the administrative costs and burdens of implementing subsection (a) with respect to a particular case or class of cases justifies such a
waiver.
(c) Information
Notwithstanding any other provision of law,
each State workers compensation authority
shall, upon request of the Secretary, provide to
the Secretary on a quarterly basis information
concerning workers compensation benefits received by any covered DOE contractor employee
entitled to compensation or benefits under this
part, which shall include the name, Social Security number, and nature and amount of workers
compensation benefits for each such employee
for which the request was made.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3682],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3161, Oct. 28, 2004, 118 Stat. 2184.)
§ 7385s–12. Maximum aggregate compensation
For each individual whose illness or death
serves as the basis for compensation or benefits
under this part, the total amount of compensation (other than medical benefits) paid under
this part, to all persons, in the aggregate, on the
basis of that illness or death shall not exceed
$250,000.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3683],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3161, Oct. 28, 2004, 118 Stat. 2184.)
§ 7385s–13. Funding of administrative costs
There is authorized and hereby appropriated
to the Secretary for fiscal year 2005 and there-

Page 6500

after such sums as may be necessary to carry
out this part.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3684],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3161, Oct. 28, 2004, 118 Stat. 2184.)
§ 7385s–14. Payment of compensation and benefits from compensation fund
The compensation and benefits provided under
this subchapter, when authorized or approved by
the President, shall be paid from the compensation fund established under section 7384e of this
title.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3685],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3161, Oct. 28, 2004, 118 Stat. 2185.)
§ 7385s–15. Office of Ombudsman
(a) Establishment
There is established in the Department of
Labor an office to be known as the ‘‘Office of the
Ombudsman’’ (in this section referred to as the
‘‘Office’’).
(b) Head
The head of the Office shall be the Ombudsman. The individual serving as Ombudsman
shall be either of the following:
(1) An officer or employee of the Department
of Labor designated by the Secretary for purposes of this section from among officers and
employees of the Department who have experience and expertise necessary to carry out the
duties of the Office specified in subsection (c).
(2) An individual employed by the Secretary
from the private sector from among individuals in the private sector who have experience
and expertise necessary to carry out the duties
of the Office specified in subsection (c).
(c) Duties
The duties of the Office shall be as follows:
(1) To provide information on the benefits
available under this part and part B and on
the requirements and procedures applicable to
the provision of such benefits.
(2) To make recommendations to the Secretary regarding the location of centers (to be
known as ‘‘resource centers’’) for the acceptance and development of claims for benefits
under this part and part B.
(3) To carry out such other duties with respect to this part and part B as the Secretary
shall specify for purposes of this section.
(d) Independent Office
The Secretary shall take appropriate actions
to ensure the independence of the Office within
the Department of Labor, including independence from other officers and employees of the
Department engaged in activities relating to the
administration of the provisions of this part and
part B.
(e) Annual report
(1) Not later than July 30 each year, the Ombudsman shall submit to Congress a report on
activities under this part and part B.
(2) Each report under paragraph (1) shall set
forth the following:

Page 6501

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(A) The number and types of complaints,
grievances, and requests for assistance received by the Ombudsman under this part and
part B during the preceding year.
(B) An assessment of the most common difficulties encountered by claimants and potential claimants under this part and part B during the preceding year.
(3) The first report under paragraph (1) shall
be the report submitted in 2006.
(4) Not later than 180 days after the submission to Congress of the annual report under
paragraph (1), the Secretary shall submit to
Congress in writing, and post on the public
Internet website of the Department of Labor, a
response to the report that—
(A) includes a statement of whether the Secretary agrees or disagrees with the specific issues raised by the Ombudsman in the report;
(B) if the Secretary agrees with the Ombudsman on those issues, describes the actions to
be taken to correct those issues; and
(C) if the Secretary does not agree with the
Ombudsman on those issues, describes the reasons the Secretary does not agree.
(f) Outreach
The Secretary of Labor and the Secretary of
Health and Human Services shall each undertake outreach to advise the public of the existence and duties of the Office.
(g) National Institute for Occupational Safety
and Health Ombudsman
In carrying out the duties of the Ombudsman
under this section, the Ombudsman shall work
with the individual employed by the National
Institute for Occupational Safety and Health to
serve as an ombudsman to individuals making
claims under part B.
(h) Sunset
Effective October 28, 2019, this section shall
have no further force or effect.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3686],
as added Pub. L. 108–375, div. C, title XXXI,
§ 3161, Oct. 28, 2004, 118 Stat. 2185; amended Pub.
L. 110–181, div. C, title XXXI, § 3116, Jan. 28, 2008,
122 Stat. 578; Pub. L. 111–84, div. C, title XXXI,
§ 3142(a), Oct. 28, 2009, 123 Stat. 2715; Pub. L.
113–291, div. C, title XXXI, § 3141(b), Dec. 19, 2014,
128 Stat. 3899.)
AMENDMENTS
2014—Subsec. (e)(1). Pub. L. 113–291, § 3141(b)(1)(A),
substituted ‘‘July 30’’ for ‘‘February 15’’.
Subsec. (e)(4). Pub. L. 113–291, § 3141(b)(1)(B), added
par. (4).
Subsec. (h). Pub. L. 113–291, § 3141(b)(2), substituted
‘‘2019’’ for ‘‘2012’’.
2009—Subsecs. (c) to (e). Pub. L. 111–84, § 3142(a)(1)–(3),
inserted ‘‘and part B’’ after ‘‘this part’’ wherever appearing.
Subsecs. (g), (h). Pub. L. 111–84, § 3142(a)(4), (5), added
subsec. (g) and redesignated former subsec. (g) as (h).
2008—Subsec. (g). Pub. L. 110–181 substituted ‘‘October
28, 2012’’ for ‘‘on the date that is 3 years after October
28, 2004’’.
CONSTRUCTION
Pub. L. 111–84, div. C, title XXXI, § 3142(b), Oct. 28,
2009, 123 Stat. 2716, provided that: ‘‘Except as specifically provided in subsection (g) of section 3686 of the

§ 7385s–16

Energy Employees Occupational Illness Compensation
Program Act of 2000 [42 U.S.C. 7385s–15(g)], as amended
by subsection (a) of this section, nothing in the amendments made by such subsection (a) shall be construed
to alter or affect the duties and functions of the individual employed by the National Institute for Occupational Safety and Health to serve as an ombudsman to
individuals making claims under subtitle B of the Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384l et seq.).’’

§ 7385s–16. Advisory Board on Toxic Substances
and Worker Health
(a) Establishment
(1) Not later than 120 days after December 19,
2014, the President shall establish and appoint
an Advisory Board on Toxic Substances and
Worker Health (in this section referred to as the
‘‘Board’’).
(2) The President shall make appointments to
the Board in consultation with organizations
with expertise on worker health issues in order
to ensure that the membership of the Board reflects a proper balance of perspectives from the
scientific, medical, and claimant communities.
(3) The President shall designate a Chair of
the Board from among its members.
(b) Duties
The Board shall—
(1) advise the Secretary of Labor with respect to—
(A) the site exposure matrices of the Department of Labor;
(B) medical guidance for claims examiners
for claims under this part with respect to
the weighing of the medical evidence of
claimants;
(C) evidentiary requirements for claims
under part B related to lung disease; and
(D) the work of industrial hygienists and
staff physicians and consulting physicians of
the Department and reports of such hygienists and physicians to ensure quality, objectivity, and consistency; and
(2) coordinate exchanges of data and findings
with the Advisory Board on Radiation and
Worker Health established under section 7384o
of this title to the extent necessary.
(c) Staff and powers
(1) The President shall appoint a staff to facilitate the work of the Board. The staff of the
Board shall be headed by a Director, who shall
be appointed under subchapter VIII of chapter 33
of title 5.
(2) The President may authorize the detail of
employees of Federal agencies to the Board as
necessary to enable the Board to carry out its
duties under this section. The detail of such personnel may be on a nonreimbursable basis.
(3) The Secretary may employ outside contractors and specialists to support the work of
the Board.
(d) Conflicts of interest
No member, employee, or contractor of the
Board shall have any financial interest, employment, or contractual relationship (other than a
routine consumer transaction) with any person
that has provided, or sought to provide during
the two years preceding the appointment or dur-

§ 7385s–16

TITLE 42—THE PUBLIC HEALTH AND WELFARE

ing the service of the member, employee, or contractor under this section, goods or services related to medical benefits under this subchapter.
(e) Expenses
Members of the Board, other than full-time
employees of the United States, while attending
meetings of the Board or while otherwise serving at the request of the President, and while
serving away from their homes or regular places
of business, shall be allowed travel and meal expenses, including per diem in lieu of subsistence
(as authorized by section 5703 of title 5) for individuals in the Federal Government serving without pay.
(f) Security clearances
(1) The Secretary of Energy shall ensure that
the members and staff of the Board, and the contractors performing work in support of the
Board, are afforded the opportunity to apply for
a security clearance for any matter for which
such a clearance is appropriate.
(2) The Secretary of Energy should, not later
than 180 days after receiving a completed application for a security clearance for an individual
under this subsection, make a determination of
whether or not the individual is eligible for the
clearance.
(3) For fiscal year 2016 and each fiscal year
thereafter, the Secretary of Energy shall include
in the budget justification materials submitted
to Congress in support of the Department of Energy budget for that fiscal year (as submitted
with the budget of the President under section
1105(a) of title 31) a report specifying the number
of applications for security clearances under
this subsection, the number of such applications
granted, and the number of such applications denied.
(g) Information
The Secretary of Energy shall, in accordance
with law, provide to the Board and the contractors of the Board, access to any information
that the Board considers relevant to carry out
its responsibilities under this section, including
information such as Restricted Data (as defined
in section 2014(y) of this title) and information
covered by section 552a of title 5 (commonly
known as the ‘‘Privacy Act’’).
(h) Authorization of appropriations
(1) In general
There are authorized to be appropriated such
sums as may be necessary to carry out this
section.
(2) Treatment as discretionary spending
Amounts appropriated to carry out this section—
(A) shall not be appropriated to the account established under subsection (a) of
section 151 of title I of division B of Appendix D of the Consolidated Appropriations
Act, 2001 (Public Law 106–554; 114 Stat.
2763A–251); and
(B) shall not be subject to subsection (b) of
that section.
(i) Sunset
The Board shall terminate on the date that is
10 years after December 19, 2014.

Page 6502

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3687],
as added Pub. L. 113–291, div. C, title XXXI,
§ 3141(a), Dec. 19, 2014, 128 Stat. 3897; Pub. L.
115–91, div. C, title XXXI, § 3120, Dec. 12, 2017, 131
Stat. 1892.)
REFERENCES IN TEXT
Section 151 of title I of division B of Appendix D of
the Consolidated Appropriations Act, 2001, referred to
in subsec. (h)(2)(A), (B), is Pub. L. 106–554, § 1(a)(4) [div.
B, title I, § 151], Dec. 21, 2000, 114 Stat. 2763, 2763A–251,
which is not classified to the Code.
AMENDMENTS
2017—Subsec. (i). Pub. L. 115–91 substituted ‘‘10 years’’
for ‘‘5 years’’.
EX. ORD. NO. 13699. ESTABLISHING THE ADVISORY BOARD
ON TOXIC SUBSTANCES AND WORKER HEALTH
Ex. Ord. No. 13699, June 26, 2015, 80 F.R. 37529, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Carl Levin and Howard P.
‘‘Buck’’ McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113–291), and to allocate the responsibilities imposed by that Act, it is
hereby ordered as follows:
SECTION 1. Establishment. There is established within
the Department of Labor the Advisory Board on Toxic
Substances and Worker Health (Advisory Board).
SEC. 2. Membership. (a) The Advisory Board shall reflect a proper balance of perspectives from the scientific, medical, and claimant communities.
(b) The Advisory Board shall consist of no more than
15 members to be appointed by the Secretary of Labor
in consultation with organizations with expertise on
worker health issues. Members shall serve without
compensation as Special Government Employees, but
shall be allowed travel and meal expenses, including
per diem in lieu of subsistence, to the extent permitted
by law for persons serving intermittently in the Government service (5 U.S.C. 5701–5707).
(c) The Secretary of Labor shall designate a Chair of
the Board from among its members.
SEC. 3. Functions. (a) The Advisory Board shall advise
the Secretary of Labor with respect to:
(i) the site exposure matrices of the Department of
Labor;
(ii) medical guidance for claims examiners for claims
under subtitle E of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (EEOICPA)
with respect to the weighing of the medical evidence of
claimants;
(iii) evidentiary requirements for claims under
EEOICPA subtitle B related to lung disease; and
(iv) the work of industrial hygienists, staff physicians, and consulting physicians of the Department of
Labor and reports of such hygienists and physicians to
ensure quality, objectivity, and consistency.
(b) To the extent necessary, the Advisory Board also
shall coordinate exchanges of data and findings with
the Advisory Board on Radiation and Worker Health,
which was authorized by EEOICPA and established by
Executive Order 13179 of December 7, 2000.
SEC. 4. Administration. (a) The Secretary of Labor
shall provide the Advisory Board with funding and administrative support, including the appointment of
staff and, as the Secretary determines appropriate, authorization for the detail of Federal employees from
within the Department of Labor and employment of
outside contractors and specialists, to the extent permitted by law and within existing appropriations. The
Secretary also shall perform the administrative functions of the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App. 2), with respect
to the Advisory Board.
(b) The Secretary of Labor shall designate a senior officer of the Department of Labor to serve as the Director of the staff of the Advisory Board.

Page 6503

TITLE 42—THE PUBLIC HEALTH AND WELFARE

SEC. 5. Termination. The Advisory Board shall terminate on the date that is 5 years after the enactment of
the National Defense Authorization Act for Fiscal Year
2015.
SEC. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an agency, or the
head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.

SUBCHAPTER XVII—[Repealed]
CODIFICATION
Pub. L. 108–136, div. C, title XXXI, § 3141(m)(1), Nov.
24, 2003, 117 Stat. 1787, struck out heading for subchapter XVII ‘‘Department of Energy National Security Authorizations General Provisions’’.

§§ 7386 to 7386k. Transferred
CODIFICATION
Sections 7386 to 7386k, Pub. L. 107–314, div. C, title
XXXVI, §§ 3620–3631, Dec. 2, 2002, 116 Stat. 2756–2762, were
renumbered sections 4701 to 4712, respectively, 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(j)(2)(A)–(C), Nov. 24, 2003, 117 Stat.
1781, and are classified to sections 2741 to 2752, respectively, of Title 50, War and National Defense.
Section 7386 related to definitions for purposes of
former sections 7386 to 7386k of this title.
Section 7386a related to reprogramming of amounts
appropriated pursuant to a Department of Energy national security authorization.
Section 7386b related to minor construction projects.
Section 7386c related to limits on construction
projects.
Section 7386d related to fund transfer authority.
Section 7386e related to conceptual and construction
design.
Section 7386f related to authority for emergency
planning, design, and construction activities.
Section 7386g related to scope of authority to carry
out plant projects.
Section 7386h related to availability of funds.
Section 7386i related to transfer of defense environmental management funds.
Section 7386j related to transfer of weapons activities
funds.
Section 7386k related to funds available for all national security programs of the Department of Energy.

CHAPTER 85—AIR POLLUTION PREVENTION
AND CONTROL
SUBCHAPTER I—PROGRAMS AND ACTIVITIES
PART A—AIR QUALITY AND EMISSION LIMITATIONS
Sec.

7401.
7402.
7403.
7404.
7405.
7406.

Congressional findings and declaration of purpose.
Cooperative activities.
Research, investigation, training, and other
activities.
Research relating to fuels and vehicles.
Grants for support of air pollution planning
and control programs.
Interstate air quality agencies; program cost
limitations.

Sec.

7407.
7408.
7409.

Air quality control regions.
Air quality criteria and control techniques.
National primary and secondary ambient air
quality standards.
State implementation plans for national primary and secondary ambient air quality
standards.
Standards of performance for new stationary
sources.
Hazardous air pollutants.
Federal enforcement.
Recordkeeping, inspections, monitoring, and
entry.
International air pollution.
Retention of State authority.
Advisory committees.
Control of pollution from Federal facilities.
Primary nonferrous smelter orders.
Noncompliance penalty.
Consultation.
Listing of certain unregulated pollutants.
Stack heights.
Assurance of adequacy of State plans.
Measures to prevent economic disruption or
unemployment.
Interstate pollution abatement.
Public notification.
State boards.
Solid waste combustion.
Emission factors.
Land use authority.

7410.

7411.
7412.
7413.
7414.
7415.
7416.
7417.
7418.
7419.
7420.
7421.
7422.
7423.
7424.
7425.
7426.
7427.
7428.
7429.
7430.
7431.

PART B—OZONE PROTECTION
7450 to 7459. Repealed.
PART C—PREVENTION OF SIGNIFICANT DETERIORATION
OF AIR QUALITY
SUBPART I—CLEAN AIR

7470.
7471.
7472.
7473.
7474.
7475.
7476.
7477.
7478.
7479.

Congressional declaration of purpose.
Plan requirements.
Initial classifications.
Increments and ceilings.
Area redesignation.
Preconstruction requirements.
Other pollutants.
Enforcement.
Period before plan approval.
Definitions.

7491.
7492.

Visibility protection for Federal class I areas.
Visibility.

SUBPART II—VISIBILITY PROTECTION

PART D—PLAN REQUIREMENTS FOR NONATTAINMENT
AREAS
SUBPART 1—NONATTAINMENT AREAS IN GENERAL

7501.
7502.
7503.
7504.
7505.
7505a.
7506.
7506a.
7507.
7508.
7509.
7509a.

Definitions.
Nonattainment plan provisions in general.
Permit requirements.
Planning procedures.
Environmental Protection Agency grants.
Maintenance plans.
Limitations on certain Federal assistance.
Interstate transport commissions.
New motor vehicle emission standards in nonattainment areas.
Guidance documents.
Sanctions and consequences of failure to attain.
International border areas.

SUBPART 2—ADDITIONAL PROVISIONS FOR OZONE
NONATTAINMENT AREAS

7511.
7511a.
7511b.

Classifications and attainment dates.
Plan submissions and requirements.
Federal ozone measures.