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Title 42 — The Public Health and WelfareRelease 119-73

§7385s–10 Administrative matters

Title 42 › Chapter CHAPTER 84— - DEPARTMENT OF ENERGY › Subchapter SUBCHAPTER XVI— - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM › Part Part E— - Contractor Employee Compensation › § 7385s–10

Last updated Apr 6, 2026|Official source

Summary

The Secretary must run this program and may hire people or companies to help. The Secretary of Energy must give the Secretary all relevant records and data (paper or electronic) used for running the program, such as industrial hygiene, employment, exposure (for example beryllium, radiation, silica, or other toxic substances), medical treatment, and claims files. The Secretary of Energy must keep those records organized and help index them so the Secretary can use them. The Secretary of Energy and the Secretary must work together to find records needed for contractor employee claims. At the Secretary’s request, the Secretary of Energy and any contractor must give information or documents within the time the Secretary sets. The Secretary must write the rules needed to run the program. The first rules must be issued no later than 210 days after October 28, 2004, and interim final rules may be used to meet deadlines. The Secretary must begin running the program by that same date. Until then, the Department of Energy Physicians Panels will finish any cases they had, and other listed activities under part D will continue. When the Secretary begins, any part D applications already filed with the Secretary of Energy will be treated as claims filed with the Secretary.

Full Legal Text

Title 42, §7385s–10

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

(a)The Secretary shall administer this part.
(b)The Secretary may enter into contracts with appropriate persons and entities to administer this part.
(c)(1)(A)The Secretary of Energy shall provide to the Secretary all records, files, and other data, whether paper, electronic, imaged, or otherwise, developed by the Secretary of Energy that are applicable to the administration of this part, including records, files, and data on facility industrial hygiene, employment of individuals or groups, exposure and medical records, and claims applications.
(B)In providing records, files, and other data under this paragraph, the Secretary of Energy shall preserve the current organization of such records, files, and other data, and shall provide such description and indexing of such records, files, and other data as the Secretary considers appropriate to facilitate their use by the Secretary.
(2)The Secretary of Energy and the Secretary shall jointly undertake such actions as are appropriate to retrieve records applicable to the claims of Department of Energy contractor employees for contractor employee compensation under this part, including employment records, records of exposure to beryllium, radiation, silica, or other toxic substances, and records regarding medical treatment.
(d)At the request of the Secretary, the Secretary of Energy and any contractor who employed a Department of Energy contractor employee shall, within time periods specified by the Secretary, provide to the Secretary and to the employee information or documents in response to the request.
(e)The Secretary shall prescribe regulations necessary for the administration of this part. The initial regulations shall be prescribed not later than 210 days after October 28, 2004. The Secretary may prescribe interim final regulations necessary to meet the deadlines specified in this part.
(f)(1)The Secretary shall commence the administration of the provisions of this part not later than 210 days after October 28, 2004.
(2)Until the commencement of the administration of this part, the Department of Energy Physicians Panels appointed pursuant to part D shall continue to consider and issue determinations concerning any cases pending before such Panels immediately before October 28, 2004.
(3)The Secretary shall take such actions as are appropriate to identify other activities under part D that will continue until the commencement of the administration of this part.
(g)Upon the commencement of the administration of this part, any application previously filed with the Secretary of Energy pursuant to part D shall be considered to have been filed with the Secretary as a claim for benefits pursuant to this part.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Part D, referred to in subsecs. (f)(2), (3) and (g), was repealed by Pub. L. 108–375, div. C, title XXXI, § 3162(i), Oct. 28, 2004, 118 Stat. 2186.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7385s–10

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73