Title 42, The Public Health and WelfareRelease 119-110

§7384r Separate Treatment of Chronic Silicosis

Title 42 › CHAPTER 84 — DEPARTMENT OF ENERGY › SUBCHAPTER XVI — ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM › Part B — Program Administration › § 7384r

Last updated Sep 22, 2026|Official source

Summary

Employees of the Department of Energy or its contractors who have chronic silicosis must be treated as eligible for the DOE compensation program unless the President tells Congress there is not enough reason to include them. The President has to send that statement to Congress no later than 180 days after October 30, 2000, and may include any recommendations about how to handle these cases. Congress says these workers should be considered, but it does not want this to set a general rule about silicosis from other jobs. A worker is assumed to have been exposed to silica while on the job if they spent at least 250 work days mining tunnels at a DOE test site in Nevada or Alaska for tests or experiments related to an atomic weapon. A “covered employee with chronic silicosis” means a DOE or DOE contractor worker who meets that exposure rule and has chronic silicosis. “Chronic silicosis” means a noncancer lung disease with first job exposure at least 10 years before the disease started, plus a doctor’s written diagnosis and one of these: an X‑ray read by a National Institute for Occupational Safety and Health B reader showing pneumoconiosis category 1/0 or higher, a CT or other scan showing findings consistent with silicosis, or a lung biopsy that matches silicosis.

Full Legal Text

Title 42, §7384r

The Public Health and Welfare, Source: USLM XML via OLRC

(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 appropriate 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2001—Subsec. (e)(2)(A). Pub. L. 107–107 substituted “category 1/0” for “category 1/1”.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7384r

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110