§7384q — Title 42 The Public Health and Welfare | U.S. Code

Summary

Requires the Advisory Board on Radiation and Worker Health to tell the President if a group of Department of Energy or atomic weapons workers probably were exposed to radiation but their doses cannot be measured accurately. The Board must base its advice on exposure studies by health experts, information from DOE, and any other helpful information. The President asks for this advice after reviewing petitions from worker groups and using procedures the President sets. If the Board recommends it and the President agrees, members of that group can be put into the Special Exposure Cohort for compensation if two things are true: it is not possible to estimate their radiation dose accurately, and there is a reasonable chance the dose harmed their health (subject to section 7384l(14)(C)). Within 180 days after the President gets a petition, the NIOSH Director must send a recommendation and supporting documents to the Board. After the Board recommends approval, the President has 30 days to decide and tell Congress. If the President approves, a report meeting section 7384l(14)(C)(ii) must be sent. If the President misses the 30 days, the next day counts as the day the report was submitted for that purpose. The Secretary of Energy must give the HHS Secretary and the Board access to worker exposure information, including Restricted Data, as allowed by law.

Title 42, §7384q

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(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)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)(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)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.11 So in original. A closing parenthesis should probably follow “title”.

Editorial Notes

Amendments

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.

§7384q Designation of additional members of special exposure cohort

Summary

Title 42, §7384q

Notes & Related Subsidiaries

Editorial Notes

Amendments

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