1. U.S. Code
  2. title 42
  3. chapter 84
  4. subchapter XVI
  5. part E
  6. § 7385s-3

Collapse to view only § 7385s-3. Compensation schedule for survivors

§ 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.)

CITE AS: 42 USC 7385s

§ 7385s–1. Compensation to be provided
Subject to the other provisions of this part:
(1) Contractor employees
(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.)

CITE AS: 42 USC 7385s-1

§ 7385s–2. Compensation schedule for contractor employees
(a) Compensation providedThe 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
(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
(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.)

CITE AS: 42 USC 7385s-2

§ 7385s–3. Compensation schedule for survivors
(a) Categories of compensationThe amount of contractor employee compensation under this part for the survivor of a covered DOE contractor employee shall be determined as follows:
(1) Category oneThe 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.
(2) Category two
(3) Category three
(b) One amount only
(c) Determination and allocation of sharesThe 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) DefinitionsIn 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;
(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.)

CITE AS: 42 USC 7385s-3

§ 7385s–4. Determinations regarding contraction of covered illnesses
(a) Cases determined under part B
(b) Cases determined under former part D
(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
(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.)

CITE AS: 42 USC 7385s-4

§ 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.)

CITE AS: 42 USC 7385s-5

§ 7385s–6. Administrative and judicial review
(a) Judicial review
(b) Administrative review
(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.)

CITE AS: 42 USC 7385s-6

§ 7385s–7. Physicians services
(a) In general
(b) Physicians
(c) Arrangement
(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.)

CITE AS: 42 USC 7385s-7

§ 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.)

CITE AS: 42 USC 7385s-8

§ 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.)

CITE AS: 42 USC 7385s-9

§ 7385s–10. Administrative matters
(a) In general
(b) Contract authority
(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
(e) Regulations
(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
(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.)

CITE AS: 42 USC 7385s-10

§ 7385s–11. Coordination of benefits with respect to State workers compensation
(a) In general
(b) Waiver
(c) Information
(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.)

CITE AS: 42 USC 7385s-11

§ 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.)

CITE AS: 42 USC 7385s-12

§ 7385s–13. Funding of administrative costs

There is authorized and hereby appropriated to the Secretary for fiscal year 2005 and thereafter 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.)

CITE AS: 42 USC 7385s-13

§ 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.)

CITE AS: 42 USC 7385s-14

§ 7385s–15. Office of Ombudsman
(a) Establishment
(b) HeadThe 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) DutiesThe 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 provide guidance and assistance to claimants.
(3) 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.
(4) 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
(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:
(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
(g) National Institute for Occupational Safety and Health Ombudsman
(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; Pub. L. 116–92, div. C, title XXXI, § 3134(a), Dec. 20, 2019, 133 Stat. 1958; Pub. L. 116–283, div. C, title XXXI, § 3145, Jan. 1, 2021, 134 Stat. 4387.)

CITE AS: 42 USC 7385s-15

§ 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) DutiesThe 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;
(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;
(E) the claims adjudication process generally, including review of procedure manual changes prior to incorporation into the manual and claims for medical benefits; and
(F) such other matters as the Secretary considers appropriate; 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
(e) Expenses
(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
(h) Response to recommendationsNot later than 60 days after submission to the Secretary of Labor of the Board’s recommendations, the Secretary shall respond to the Board in writing, and post on the public internet website of the Department of Labor, a response to the recommendations that—
(1) includes a statement of whether the Secretary accepts or rejects the Board’s recommendations;
(2) if the Secretary accepts the Board’s recommendations, describes the timeline for when those recommendations will be implemented; and
(3) if the Secretary does not accept the recommendations, describes the reasons the Secretary does not agree and provides all scientific research to the Board supporting that decision.
(i) Authorization of appropriations
(1) In general
(2) Treatment as discretionary spendingAmounts 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.
(j) Sunset
(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; amended Pub. L. 115–91, div. C, title XXXI, § 3120, Dec. 12, 2017, 131 Stat. 1892; Pub. L. 116–92, div. C, title XXXI, § 3134(b), Dec. 20, 2019, 133 Stat. 1959; Pub. L. 118–31, div. E, title LV, § 5501(c), Dec. 22, 2023, 137 Stat. 956.)

CITE AS: 42 USC 7385s-16