42 U.S.C. § 7384q — Designation of additional members of

Page 7143 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7384q (2) For fiscal year 2007 and each fiscal year thereafter, the Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of En- ergy budget for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) a report specifying the number of applications for security clearances under this subsection, the number of such applications granted, and the number of such applications de- nied. (f) Information The Secretary of Energy shall, in accordance with law, provide to the Board and the contrac- tors of the Board access to any information that the Board considers relevant to carry out its re- sponsibilities under this subchapter, including information such as Restricted Data (as defined in section 2014(y) of this title) and information covered by the Privacy Act [5 U.S.C. 552a]. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3624], Oct. 30, 2000, 114 Stat. 1654, 1654A–504; Pub. L. 108–375, div. C, title XXXI, § 3166(a), Oct. 28, 2004, 118 Stat. 2188.) Editorial Notes REFERENCES IN TEXT The Privacy Act, referred to in subsec. (f), is probably a reference to section 552a of Title 5, Government Orga- nization and Employees. See Short Title note set out under section 552a of Title 5. AMENDMENTS 2004—Subsecs. (e), (f). Pub. L. 108–375 added subsecs. (e) and (f). Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY BOARDS Advisory boards established after Jan. 5, 1973, to ter- minate not later than the expiration of the 2-year pe- riod beginning on the date of their establishment, un- less, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board estab- lished by Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Govern- ment Organization and Employees. § 7384p. Responsibilities of Secretary of Health and Human Services The Secretary of Health and Human Services shall carry out that Secretary’s responsibilities with respect to the compensation program with the assistance of the Director of the National Institute for Occupational Safety and Health. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3625], Oct. 30, 2000, 114 Stat. 1654, 1654A–504.) § 7384q. Designation of additional members of special exposure cohort (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 Radi- ation and Worker Health under paragraph (1) shall be based on exposure assessments by radi- ation health professionals, information provided by the Department of Energy, and such other in- formation as the Advisory Board considers ap- propriate. (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 estab- lished 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 employ- ees at a Department of Energy facility, or at an atomic weapons employer facility, may be treat- ed as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advi- sory Board on Radiation and Worker Health, de- termines that— (1) it is not feasible to estimate with suffi- cient 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 des- ignation as members of the Special Exposure Co- hort, 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, in- cluding all supporting documentation. (2)(A) Upon receipt by the President of a rec- ommendation of the Advisory Board on Radi- ation and Worker Health that the President should determine in the affirmative that para- graphs (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 para- graphs apply to the class and to submit that de- termination (whether affirmative or negative) to Congress. (B) If the determination submitted by the President under subparagraph (A) is in the af- firmative, the President shall also submit a re- port meeting the requirements of section 7384l(14)(C)(ii) of this title. (C) If the President does not submit a deter- mination required by subparagraph (A) within the period required by subparagraph (A), then upon the day following the expiration of that pe- riod, 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 ac- cordance 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 Page 7144 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7384r 1 So in original. A closing parenthesis should probably follow ‘‘title’’. exposures, including access to Restricted Data (as defined in section 2014(y) of this title.1 (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3626], Oct. 30, 2000, 114 Stat. 1654, 1654A–504; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(2), Dec. 28, 2001, 115 Stat. 1372; Pub. L. 108–375, div. C, title XXXI, § 3166(b)(1), Oct. 28, 2004, 118 Stat. 2188.) 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. § 7384r. Separate treatment of chronic silicosis (a) Sense of Congress Congress finds that employees who worked in Department of Energy test sites and later con- tracted chronic silicosis should also be consid- ered for inclusion in the compensation program. Recognizing that chronic silicosis resulting from exposure to silica is not a condition unique to the nuclear weapons industry, it is not the in- tent of Congress with this subchapter to estab- lish a precedent on the question of chronic sili- cosis as a compensable occupational disease. Consequently, it is the sense of Congress that a further determination by the President is appro- priate before these workers are included in the compensation program. (b) Certification by President A covered employee with chronic silicosis shall be treated as a covered employee (as de- fined in section 7384l(1) of this title) for the pur- poses of the compensation program required by section 7384d of this title unless the President submits to Congress not later than 180 days after October 30, 2000, the certification of the President that there is insufficient basis to in- clude such employees. The President shall sub- mit with the certification any recommendations about the compensation program with respect to covered employees with chronic silicosis as the President considers appropriate. (c) Exposure to silica in the performance of duty A covered employee shall, in the absence of substantial evidence to the contrary, be deter- mined to have been exposed to silica in the per- formance of duty for the purposes of the com- pensation program if, and only if, the employee was present for a number of work days aggre- gating at least 250 work days during the mining of tunnels at a Department of Energy facility lo- cated in Nevada or Alaska for tests or experi- ments related to an atomic weapon. (d) Covered employee with chronic silicosis For purposes of this subchapter, the term ‘‘covered employee with chronic silicosis’’ means a Department of Energy employee, or a Department of Energy contractor employee, with chronic silicosis who was exposed to silica in the performance of duty as determined under subsection (c). (e) Chronic silicosis For purposes of this subchapter, the term ‘‘chronic silicosis’’ means a nonmalignant lung disease if— (1) the initial occupational exposure to silica dust preceded the onset of silicosis by at least 10 years; and (2) a written diagnosis of silicosis is made by a medical doctor and is accompanied by— (A) a chest radiograph, interpreted by an individual certified by the National Insti- tute for Occupational Safety and Health as a B reader, classifying the existence of pneumoconioses of category 1/0 or higher; (B) results from a computer assisted tomograph or other imaging technique that are consistent with silicosis; or (C) lung biopsy findings consistent with silicosis. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3627], Oct. 30, 2000, 114 Stat. 1654, 1654A–505; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(3), Dec. 28, 2001, 115 Stat. 1372.) Editorial Notes AMENDMENTS 2001—Subsec. (e)(2)(A). Pub. L. 107–107 substituted ‘‘category 1/0’’ for ‘‘category 1/1’’. § 7384s. Compensation and benefits to be pro- vided (a) Compensation provided (1) Except as provided in paragraph (2), a cov- ered employee, or the survivor of that covered employee if the employee is deceased, shall re- ceive compensation for the disability or death of that employee from that employee’s occupa- tional illness in the amount of $150,000. (2) A covered employee shall, to the extent that employee’s occupational illness is estab- lished beryllium sensitivity, receive beryllium sensitivity monitoring under subsection (c) in lieu of compensation under paragraph (1). (b) Medical benefits A covered employee shall receive medical ben- efits under section 7384t of this title for that em- ployee’s occupational illness. (c) Beryllium sensitivity monitoring An individual receiving beryllium sensitivity monitoring under this subsection shall receive the following: (1) A thorough medical examination to con- firm the nature and extent of the individual’s established beryllium sensitivity. (2) Regular medical examinations thereafter to determine whether that individual has de- veloped established chronic beryllium disease. (d) Payment from compensation fund The compensation provided under this section, when authorized or approved by the President, shall be paid from the compensation fund estab- lished under section 7384e of this title. (e) Payments in the case of deceased persons (1) In the case of a covered employee who is deceased at the time of payment of compensa- tion under this section, whether or not the