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

(a)

Compensation provided

42 U.S.C. 2210An individual who receives, or has received, $100,000 under section 5 of the Radiation Exposure Compensation Act ( 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

section 7384t of this titleA covered uranium employee shall receive medical benefits under 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

section 7384e of this titleThe 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 .

(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

(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 employee, 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

July 31, 2001This section shall take effect on , unless Congress otherwise provides in an Act enacted before that date.

Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3630]Oct. 30, 2000114 Stat. 1654 Pub. L. 107–107, div. C, title XXXI, § 3151(a)(4)(B)Dec. 28, 2001115 Stat. 1373 Pub. L. 108–375, div. C, title XXXI, § 3165(a)Oct. 28, 2004118 Stat. 2187 (, , , 1654A–507; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 101–426Oct. 15, 1990104 Stat. 920 section 2210 of this titleThe Radiation Exposure Compensation Act, referred to in subsecs. (a) to (d), is , , , which is set out as a note under .

Amendments

Pub. L. 108–3752004—Subsec. (d). inserted “and the compensation provided under section 5 of the Radiation Exposure Compensation Act” after “The compensation provided under this section”.

Pub. L. 107–1072001—Subsec. (e). 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.

section 8109 of title 5“(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 .”

Statutory Notes and Related Subsidiaries

Effective Date of 2001 Amendment

Pub. L. 107–107July 1, 2001section 3151(a)(4)(D) of Pub. L. 107–107lAmendment by effective , see , set out as a note under section 7384 of this title.