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Title 42 — The Public Health and Welfare

Part B · Chapter 84 — Department of Energy

§ 7384q. Designation of additional members of special exposure cohort

Statutory text

(a)

Advice on additional members

(1)

The Advisory Board on Radiation and Worker Health under section 7384o of this title shall advise the President whether there is a class of employees at any Department of Energy facility who likely were exposed to radiation at that facility but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received.

(2)

The advice of the Advisory Board on Radiation and Worker Health under paragraph (1) shall be based on exposure assessments by radiation health professionals, information provided by the Department of Energy, and such other information as the Advisory Board considers appropriate.

(3)

The President shall request advice under paragraph (1) after consideration of petitions by classes of employees described in that paragraph for such advice. The President shall consider such petitions pursuant to procedures established by the President.

(b)

Designation of additional members

Subject to the provisions of section 7384l(14)(C) of this title, the members of a class of employees at a Department of Energy facility, or at an atomic weapons employer facility, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that—

(1)

it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and

(2)

there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class.

(c)

Deadlines

(1)

Not later than 180 days after the date on which the President receives a petition for designation as members of the Special Exposure Cohort, the Director of the National Institute for Occupational Safety and Health shall submit to the Advisory Board on Radiation and Worker Health a recommendation on that petition, including all supporting documentation.

(2)
(A)

Upon receipt by the President of a recommendation of the Advisory Board on Radiation and Worker Health that the President should determine in the affirmative that paragraphs (1) and (2) of subsection (b) apply to a class, the President shall have a period of 30 days in which to determine whether such paragraphs apply to the class and to submit that determination (whether affirmative or negative) to Congress.

(B)

If the determination submitted by the President under subparagraph (A) is in the affirmative, the President shall also submit a report meeting the requirements of section 7384l(14)(C)(ii) of this title.

(C)

If the President does not submit a determination required by subparagraph (A) within the period required by subparagraph (A), then upon the day following the expiration of that period, it shall be deemed for purposes of section 7384l(14)(C)(ii) of this title that the President submitted the report under that provision on that day.

(d)

Access to information

The Secretary of Energy shall provide, in accordance with law, the Secretary of Health and Human Services and the members and staff of the Advisory Board on Radiation and Worker Health access to relevant information on worker exposures, including access to Restricted Data (as defined in section 2014(y) of this title.1

Footnotes

  1. 1 So in original. A closing parenthesis should probably follow “title”.

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)(s3626) · 114 Stat. 1654

    Enacted · 42 U.S.C. § 7384q

    Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3626], Oct. 30, 2000, 114 Stat. 1654, 1654A–504

    Source evidence

    Code source credit
    Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3626], Oct. 30, 2000, 114 Stat. 1654, 1654A–504

    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. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. C title XXXI § 3151(a)(2) · 115 Stat. 1012

    Inserted · 42 U.S.C. § 7384q(b)

    Pub. L. 107–107 inserted “, or at an atomic weapons employer facility,” after “Department of Energy facility” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–107 inserted “, or at an atomic weapons employer facility,” after “Department of Energy facility” in introductory provisions.

    Enacted provision · exact public law section
    (2) Additional Members of Special Exposure Cohort.— Section 3626(b) (114 Stat. 1654A-505; 42 U.S.C. 7384q(b)) is amended in the matter preceding paragraph (1) by inserting after “Department of Energy facility” the following: “, or at an atomic weapons employer facility,”.

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

    Pub. L. 108–375 div. C title XXXI § 3166(b)(1) · 118 Stat. 1811

    1. Added · 42 U.S.C. § 7384q(c); 42 U.S.C. § 7384q(d)

      Pub. L. 108–375 added subsec. (c)

    2. Redesignated · 42 U.S.C. § 7384q(c); 42 U.S.C. § 7384q(d)

      Pub. L. 108–375 redesignated former subsec. (c) as (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 108–375 added subsec. (c) and redesignated former subsec. (c) as (d).

    Enacted provision · exact public law section
    (1) Section 3626 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384q) is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following new subsection: “(c) Deadlines.— (1) Not later than 180 days after the date on which the President receives a petition for designation as members of the Special Exposure Cohort, the Director of the National Institute for Occupational Safety and Health shall submit to the Advisory Board on Radiation and Worker Health a recommendation on that petition, including all supporting documentation. “(2) (A) Upon receipt by the President of a recommendation of the Advisory Board on Radiation and Worker Health that the President should determine in the affirmative that paragraphs (1) and (2) of subsection (b) apply to a class, the President shall have a period of 30 days in which to determine whether such paragraphs apply to the class and to submit that determination (whether affirmative or negative) to Congress. “(B) If the determination submitted by the President under subparagraph (A) is in the affirmative, the President shall also submit a report meeting the requirements of section 3621(14)(C)(ii). “(C) If the President does not submit a determination required by subparagraph (A) within the period required by subparagraph (A), then upon the day following the expiration of that period, it shall be deemed for purposes of section 3621(14)(C)(ii) that the President submitted the report under that provision on that day.” .

4 of 4 references resolved to an enrolled provision

Editorial Notes

Amendments2001–2004 · 2 rounds

2004

Subsecs. (c), (d). Pub. L. 108–375 added subsec. (c) and redesignated former subsec. (c) as (d).

2001

Subsec. (b). Pub. L. 107–107 inserted “, or at an atomic weapons employer facility,” after “Department of Energy facility” in introductory provisions.

Credits

2000–2004 · 3 acts
  1. 2000Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3626], , 114 Stat. 1654, 1654A–504
  2. 2001Pub. L. 107–107, div. C, title XXXI, § 3151(a)(2), , 115 Stat. 1372
  3. 2004Pub. L. 108–375, div. C, title XXXI, § 3166(b)(1), , 118 Stat. 2188.
Show as published

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3626], , 114 Stat. 1654, 1654A–504; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(2), , 115 Stat. 1372; Pub. L. 108–375, div. C, title XXXI, § 3166(b)(1), , 118 Stat. 2188.)

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