Page:United States Statutes at Large Volume 118.djvu/2212

 118 STAT. 2182 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘SEC. 3676. APPLICABILITY TO CERTAIN URANIUM EMPLOYEES. ‘‘(a) IN GENERAL.—This subtitle shall apply to— ‘‘(1) a section 5 payment recipient who contracted a section 5 illness through a section 5 exposure at a section 5 facility, or ‘‘(2) a section 5 uranium worker determined under section 3675(c) to have contracted a covered illness through exposure to a toxic substance at a section 5 mine or mill, (or to the survivor of that employee, as applicable) on the same basis as it applies to a Department of Energy contractor employee determined under section 3675 to have contracted a covered illness through exposure to a toxic substance at a Department of Energy facility (or to the survivor of that employee, as applicable). ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) The term ‘section 5 payment recipient’ means an indi vidual 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. ‘‘(2) The terms ‘section 5 exposure’, ‘section 5 facility’, and ‘section 5 illness’ mean the exposure, facility, and illness, respectively, to which an individual’s status as a section 5 payment recipient relates. ‘‘(3) The term ‘section 5 uranium worker’ means an indi vidual to whom subsection (a)(1)(A)(i) of section 5 of the Radi ation Exposure Compensation Act applies (whether directly or by reason of subsection (a)(2)). ‘‘(4) The term ‘section 5 mine or mill’ means the mine or mill to which an individual’s status as a section 5 uranium worker relates. ‘‘SEC. 3677. ADMINISTRATIVE AND JUDICIAL REVIEW. ‘‘(a) JUDICIAL REVIEW.—A person adversely affected or aggrieved by a final decision of the Secretary under this subtitle may review that order in the United States district court in the district in which the injury was sustained, the employee lives, the survivor lives, or the District of Columbia, by filing in such court within 60 days after the date on which that final decision was issued a written petition praying that such decision be modified or set aside. The person shall also provide a copy of the petition to the Secretary. Upon such filing, the court shall have jurisdiction over the proceeding and shall have the power to affirm, modify, or set aside, in whole or in part, such decision. The court may modify or set aside such decision only if the court determines that such decision was arbitrary and capricious. ‘‘(b) ADMINISTRATIVE REVIEW.—The Secretary shall ensure that recommended decisions of the Secretary with respect to a claim under this subtitle are subject to administrative review. The Sec retary shall prescribe regulations for carrying out such review or shall apply to this subtitle the regulations applicable to rec ommended decisions under subtitle B. ‘‘SEC. 3678. PHYSICIANS SERVICES. ‘‘(a) IN GENERAL.—The Secretary may utilize the services of physicians for purposes of making determinations under this sub title. 42 USC 7385s–7. 42 USC 7385s–6. 42 USC 7385s–5.

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