---
kind: "section"
citation: "42 U.S.C. § 7385s–4"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7385s–4"
heading: "Determinations regarding contraction of covered illnesses"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7385s-4"
units:
  - "Chapter 84 — Department of Energy"
  - "Subchapter XVI — Energy Employees Occupational Illness Compensation Program"
  - "Part E — Contractor Employee Compensation"
---

# §7385s–4. Determinations regarding contraction of covered illnesses

- (a) **Cases determined under part B—** A determination under part B that a Department of Energy contractor employee is entitled to compensation under that part for an occupational illness shall be treated for purposes of this part as a determination that the employee contracted that illness through exposure at a Department of Energy facility.
- (b) **Cases determined under former part D—** In the case of a [covered illness](/usc/42/7385s.md?p=2) of an employee with respect to which a panel has made a positive determination under [section 7385o(d)](/usc/42/7385o.md) of this title and the [Secretary](/usc/42/7385s.md?p=3) of Energy has accepted that determination under [section 7385o(e)(2)](/usc/42/7385o.md) of this title, or with respect to which a panel has made a negative determination under [section 7385o(d)](/usc/42/7385o.md) of this title and the [Secretary](/usc/42/7385s.md?p=3) of Energy has found significant evidence to the contrary under [section 7385o(e)(2)](/usc/42/7385o.md) of this title, that determination shall be treated for purposes of this part as a determination that the employee contracted the [covered illness](/usc/42/7385s.md?p=2) through exposure at a Department of Energy facility.
- (c) **Other cases—**
  - (1) In any other case, a Department of Energy contractor employee shall be determined for purposes of this part to have contracted a [covered illness](/usc/42/7385s.md?p=2) through exposure at a Department of Energy facility if—
    - (A) it is at least as likely as not that exposure to a toxic substance at a Department of Energy facility was a significant factor in aggravating, contributing to, or causing the illness; and
    - (B) it is at least as likely as not that the exposure to such toxic substance was related to employment at a Department of Energy facility.
  - (2) A determination under [paragraph (1)](#c-1) shall be made by the [Secretary](/usc/42/7385s.md?p=3).
- (d) **Applications by spouses and children—** If a spouse or child of a Department of Energy contractor employee applies for benefits under this part, the [Secretary](/usc/42/7385s.md?p=3) shall make a determination under this section with respect to that employee without regard to whether the spouse is a “covered spouse”, or the child is a “covered child”, under this part.

## Source credit

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3675], as added Pub. L. 108–375, div. C, title XXXI, § 3161, Oct. 28, 2004, 118 Stat. 2181.)

## Notes

### Editorial Notes

### References in Text

Section 7385o of this title, referred to in subsec. (b), was repealed by Pub. L. 108–375, div. C, title XXXI, § 3162(i), Oct. 28, 2004, 118 Stat. 2186.