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2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 7384q Designation of additional members of special exposure cohort us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 84 DEPARTMENT OF ENERGY 7384q 42 U.S.C. § 7384q current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s7384q data/legal/raw/us/code/title-42/usc42.xml 91a15067bb44e038297eb9c7e03f818918a2c264e8bb2b47ff1c8bfde0cb90dc 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 0d143e65c5bed19aaa4c37353dcb46c73c17d111add95f187946333e2318b716 2026-07-04 official
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42 U.S.C. § 7384q - Designation of additional members of special exposure cohort

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

(Pub. L. 106398, § 1 [div. C, title XXXVI, § 3626], Oct. 30, 2000, 114 Stat. 1654, 1654A504; Pub. L. 107107, div. C, title XXXI, § 3151(a)(2), Dec. 28, 2001, 115 Stat. 1372; Pub. L. 108375, div. C, title XXXI, § 3166(b)(1), Oct. 28, 2004, 118 Stat. 2188.)

Notes

Editorial Notes

Amendments2004—Subsecs. (c), (d). Pub. L. 108375 added subsec. (c) and redesignated former subsec. (c) as (d). 2001—Subsec. (b). Pub. L. 107107 inserted “, or at an atomic weapons employer facility,” after “Department of Energy facility” in introductory provisions.