42 U.S.C. § 7384e

Establishment of Energy Employees Occupational Illness Compensation Fund

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(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 fundThe 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.)

Notes of Decisions

Cited in 3 cases, 2009–2009 · leading case: Harger v. Dep't of Labor, 569 F.3d 898 (9th Cir. 2009).

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Harger v. Dep't of Labor, 569 F.3d 898 (9th Cir. 2009). “See 42 U.S.C. §§ 7384e, 7384g. 3 . Similarly, "Part E” of EEOICPA provides compensation for permanent impairments or wage loss to DOE contractor employees with a covered illness in the form of a variable lump sum payment.”

Opal Harger v. Dep't of Labor, 560 F.3d 1071 (9th Cir. 2009). “See 42 U.S.C. §§ 7384e, 7384g. 3 . Similarly, "Part E” of EEOICPA provides compensation for permanent impairments or wage loss to DOE contractor employees with a covered illness in the form of a variable lump sum payment.”

Opal Harger v. Dep't of Labor (9th Cir. 2009). “See 42 U.S.C. §§ 7384e, 7384g. HARGER v. DEPARTMENT OF LABOR 6943 Under “Part B” of EEOICPA, covered employees or their eli- gible survivors may receive compensation in a lump sum pay- ment of $150,000 plus medical benefits for covered individuals.”

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