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Handling Worker Compensation Claim and Compensation benefits to be provided
(a) COMPENSATION PROVIDED—(1) Except as provided in paragraph (2), a covered employee, or the survivor of that covered 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
(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 title, 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.
§ 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 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.
§ 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 (hereinafter 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 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 title, 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—This section shall take effect on July 31, 2001, unless Congress otherwise provides in an Act enacted before that date.
§ 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 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.
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