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Title 50 — War and National DefenseRelease 119-73not60

§2733 Program to Monitor Department of Energy Workers Exposed to Hazardous and Radioactive Substances

Title 50 › Chapter 42— ATOMIC ENERGY DEFENSE PROVISIONS › Subchapter VI— PERSONNEL MATTERS › Part C— Worker Safety › § 2733

Last updated Apr 5, 2026|Official source

Summary

Require the Secretary of Energy to create and run a program to find and give ongoing medical checkups to current and former DOE workers who faced significant health risks from hazardous or radioactive substances while on the job. The Secretary must write rules for the program with the agreement of the Secretary of Health and Human Services by April 23, 1993, and must start the program by October 23, 1993. The rules must, as practical, identify the substances involved, find workers exposed at harmful levels, decide what tests and how often they should get them, offer those tests to the workers, protect medical privacy, and keep participation voluntary. The Secretary must work with HHS, and HHS with help from CDC, NIOSH, and the Secretary of Labor, to set the exposure levels that count as significant under federal and state standards. The Secretary must consult groups such as the American College of Occupational and Environmental Medicine, the National Academy of Sciences, the National Council on Radiation Protection and Measurements, and any labor group representing workers at DOE defense nuclear facilities. Workers must be told the test results in plain language, and the Secretary must collect and keep the test data. Defined terms: "Department of Energy defense nuclear facility" — a specific DOE site (defined elsewhere). "Department of Energy employee" — any worker at such a facility, including contractors and subcontractors.

Full Legal Text

Title 50, §2733

War and National Defense — Source: USLM XML via OLRC

(a)The Secretary of Energy shall establish and carry out a program for the identification and on-going medical evaluation of current and former Department of Energy employees who are subject to significant health risks as a result of the exposure of such employees to hazardous or radioactive substances during such employment.
(b)(1)The Secretary shall, with the concurrence of the Secretary of Health and Human Services, issue regulations under which the Secretary shall implement the program. Such regulations shall, to the extent practicable, provide for a process to—
(A)identify the hazardous substances and radioactive substances to which current and former Department of Energy employees may have been exposed as a result of such employment;
(B)identify employees referred to in subparagraph (A) who received a level of exposure identified under paragraph (2)(B);
(C)determine the appropriate number, scope, and frequency of medical evaluations and laboratory tests to be provided to employees who have received a level of exposure identified under paragraph (2)(B) to permit the Secretary to evaluate fully the extent, nature, and medical consequences of such exposure;
(D)make available the evaluations and tests referred to in subparagraph (C) to the employees referred to in such subparagraph;
(E)ensure that privacy is maintained with respect to medical information that personally identifies any such employee; and
(F)ensure that employee participation in the program is voluntary.
(2)(A)In determining the most appropriate means of carrying out the activities referred to in subparagraphs (A) through (D) of paragraph (1), the Secretary shall consult with the Secretary of Health and Human Services under the agreement referred to in subsection (c).
(B)The Secretary of Health and Human Services, with the assistance of the Director of the Centers for Disease Control and Prevention and the Director of the National Institute for Occupational Safety and Health, and the Secretary of Labor shall identify the levels of exposure to the substances referred to in subparagraph (A) of paragraph (1) that present employees referred to in such subparagraph with significant health risks under Federal and State occupational, health, and safety standards.
(3)In prescribing the guidelines referred to in paragraph (1), the Secretary shall consult with representatives of the following entities:
(A)The American College of Occupational and Environmental Medicine.
(B)The National Academy of Sciences.
(C)The National Council on Radiation Protection and Measurements.
(D)Any labor organization or other collective bargaining agent authorized to act on the behalf of employees of a Department of Energy defense nuclear facility.
(4)The Secretary shall provide for each employee identified under paragraph (1)(B) and provided with any medical examination or test under paragraph (1) to be notified by the appropriate medical personnel of the identification and the results of any such examination or test. Each notification under this paragraph shall be provided in a form that is readily understandable by the employee.
(5)The Secretary shall collect and assemble information relating to the examinations and tests carried out under paragraph (1).
(6)The Secretary shall commence carrying out the program described in this subsection not later than October 23, 1993.
(c)Not later than April 23, 1993, the Secretary shall enter into an agreement with the Secretary of Health and Human Services relating to the establishment and conduct of the program required and regulations issued under this section.
(d)In this section:
(1)The term “Department of Energy defense nuclear facility” has the meaning given that term in section 2704(f) of this title.
(2)The term “Department of Energy employee” means any employee of the Department of Energy employed at a Department of Energy defense nuclear facility, including any employee of a contractor or subcontractor of the Department of Energy employed at such a facility.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 7274i of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2013—Subsec. (a). Pub. L. 113–66, § 3146(g)(11)(A), inserted “of Energy” after “Secretary”. Subsec. (b)(2)(B). Pub. L. 113–66, § 3146(g)(11)(B)(i), inserted “and Prevention” after “Disease Control” and substituted a period for semicolon at end. Subsec. (b)(3)(C). Pub. L. 113–66, § 3146(g)(11)(B)(ii), inserted “and Measurements” after “Radiation Protection”. Subsec. (b)(4). Pub. L. 113–66, § 3146(g)(11)(B)(iii), substituted “paragraph (1)(B)” for “paragraph (1)(D)” and “paragraph (1)” for “paragraph (1)(E)”. Subsec. (b)(5). Pub. L. 113–66, § 3146(g)(11)(B)(iv), substituted “paragraph (1)” for “paragraph (1)(E)”. Subsec. (d)(1). Pub. L. 112–239 substituted “section 2704(f)” for “section 2704(g)”. 2003—Subsec. (b)(6). Pub. L. 108–136, § 3141(i)(14)(D)(i), substituted “
October 23, 1993” for “1 year after
October 23, 1992”. Subsec. (c). Pub. L. 108–136, § 3141(i)(14)(D)(ii), substituted “
April 23, 1993,” for “180 days after
October 23, 1992,”. Subsec. (d). Pub. L. 108–136, § 3141(i)(14)(D)(iii), added subsec. (d).

Reference

Citations & Metadata

Citation

50 U.S.C. § 2733

Title 50 — War and National Defense

Last Updated

Apr 5, 2026

Release point: 119-73not60