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Title 42 — The Public Health and Welfare

Part C · Chapter 84 — Department of Energy

§ 7385. Offset for certain payments

Statutory text

A payment of compensation to an individual, or to a survivor of that individual, under this subchapter shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim (other than a claim for worker’s compensation), against any person, that is based on injuries incurred by that individual on account of the exposure for which compensation is payable under this subchapter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 106–398 § 1(dC)(tXXXVI)(s3641) · 114 Stat. 1654

    Enacted · 42 U.S.C. § 7385

    Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3641], Oct. 30, 2000, 114 Stat. 1654, 1654A–509

    Source evidence

    Code source credit
    Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3641], Oct. 30, 2000, 114 Stat. 1654, 1654A–509

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  2. Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 div. C title XXXI § 3162(a) · 118 Stat. 1811

    1. Substituted · 42 U.S.C. § 7385

      Pub. L. 108–375 substituted “this subchapter” for “part B”

    2. Substituted · 42 U.S.C. § 7385

      Pub. L. 108–375 substituted “on account of the exposure for which compensation is payable under this subchapter” for “on account of the exposure of a covered beryllium employee, covered employee with cancer, covered employee with chronic silicosis (as defined in section 7384r of this title), or covered uranium employee (as defined in section 7384u of this title), while so employed, to beryllium, radiation, silica, or radiation, respectively”

    Source evidence

    Code amendment note
    Pub. L. 108–375 substituted “this subchapter” for “part B” and “on account of the exposure for which compensation is payable under this subchapter” for “on account of the exposure of a covered beryllium employee, covered employee with cancer, covered employee with chronic silicosis (as defined in section 7384r of this title), or covered uranium employee (as defined in section 7384u of this title), while so employed, to beryllium, radiation, silica, or radiation, respectively”.

    Enacted provision · exact public law section
    (a) Offset for Certain Payments.— Section 3641 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385) is amended— (1) by striking “subtitle B” and inserting “this title”; and (2) by striking “on account of” and all that follows through the period at the end and inserting “on account of the exposure for which compensation is payable under this title.”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments

2004—Pub. L. 108–375 substituted “this subchapter” for “part B” and “on account of the exposure for which compensation is payable under this subchapter” for “on account of the exposure of a covered beryllium employee, covered employee with cancer, covered employee with chronic silicosis (as defined in section 7384r of this title), or covered uranium employee (as defined in section 7384u of this title), while so employed, to beryllium, radiation, silica, or radiation, respectively”.

Credits

2000–2004 · 2 acts
  1. 2000Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3641], , 114 Stat. 1654, 1654A–509
  2. 2004Pub. L. 108–375, div. C, title XXXI, § 3162(a), , 118 Stat. 2186.
Show as published

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3641], , 114 Stat. 1654, 1654A–509; Pub. L. 108–375, div. C, title XXXI, § 3162(a), , 118 Stat. 2186.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s7385