42 U.S.C. § 7384o — Advisory Board on Radiation and Work-

Page 7142 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7384o mantlement, transportation, or testing of nu- clear weapons, or from any activities to re- search, produce, process, store, remediate, or dispose of radioactive materials by or on be- half of the Department of Energy (except for activities covered by Executive Order No. 12344, dated February 1, 1982 (42 U.S.C. 7158 note) pertaining to the Naval Nuclear Propul- sion Program). (B) Any dose of ionizing radiation received by that employee from a source not covered by subparagraph (A) that is not distinguishable through reliable documentation from a dose covered by subparagraph (A). (d) Methods for radiation dose reconstructions (1) The President shall, through any Federal agency (other than the Department of Energy) or official (other than the Secretary of Energy or any other official within the Department of Energy) that the President may designate, es- tablish by regulation methods for arriving at reasonable estimates of the radiation doses re- ceived by an individual specified in subpara- graph (B) of section 7384l(9) of this title at a fa- cility specified in that subparagraph by each of the following employees: (A) An employee who was not monitored for exposure to radiation at such facility. (B) An employee who was monitored inad- equately for exposure to radiation at such fa- cility. (C) An employee whose records of exposure to radiation at such facility are missing or in- complete. (2) The President shall establish an inde- pendent review process using the Advisory Board on Radiation and Worker Health to— (A) assess the methods established under paragraph (1); and (B) verify a reasonable sample of the doses established under paragraph (1). (e) Information on radiation doses (1) The Secretary of Energy shall provide, to each covered employee with cancer specified in section 7384l(9)(B) of this title, information specifying the estimated radiation dose of that employee during each employment specified in section 7384l(9)(B) of this title, whether estab- lished by a dosimetry reading, by a method es- tablished under subsection (d), or by both a do- simetry reading and such method. (2) The Secretary of Health and Human Serv- ices and the Secretary of Energy shall each make available to researchers and the general public information on the assumptions, method- ology, and data used in establishing radiation doses under subsection (d). The actions taken under this paragraph shall be consistent with the protection of private medical records. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3623], Oct. 30, 2000, 114 Stat. 1654, 1654A–502; Pub. L. 108–375, div. C, title XXXI, § 3168(b), Oct. 28, 2004, 118 Stat. 2190.) Editorial Notes REFERENCES IN TEXT Section 7(b) of the Orphan Drug Act, referred to in subsec. (c)(3)(A), is section 7(b) of Pub. L. 97–414, which is set out in a note under section 241 of this title. AMENDMENTS 2004—Subsec. (c)(4). Pub. L. 108–375 added par. (4). Executive Documents DELEGATION OF FUNCTIONS For delegation of certain functions of the President under this section, see Ex. Ord. No. 13179, Dec. 7, 2000, 65 F.R. 77487, set out as a note under section 7384 of this title. § 7384o. Advisory Board on Radiation and Work- er Health (a) Establishment (1) Not later than 120 days after October 30, 2000, the President shall establish and appoint an Advisory Board on Radiation and Worker Health (in this section referred to as the ‘‘Board’’). (2) The President shall make appointments to the Board in consultation with organizations with expertise on worker health issues in order to ensure that the membership of the Board re- flects a balance of scientific, medical, and work- er perspectives. (3) The President shall designate a Chair for the Board from among its members. (b) Duties The Board shall advise the President on— (1) the development of guidelines under sec- tion 7384n(c) of this title; (2) the scientific validity and quality of dose estimation and reconstruction efforts being performed for purposes of the compensation program; and (3) such other matters related to radiation and worker health in Department of Energy facilities as the President considers appro- priate. (c) Staff (1) The President shall appoint a staff to fa- cilitate the work of the Board. The staff shall be headed by a Director who shall be appointed under subchapter VIII of chapter 33 of title 5. (2) The President may accept as staff of the Board personnel on detail from other Federal agencies. The detail of personnel under this paragraph may be on a nonreimbursable basis. (d) Expenses Members of the Board, other than full-time employees of the United States, while attending meetings of the Board or while otherwise serv- ing at the request of the President, while serv- ing away from their homes or regular places of business, shall be allowed travel and meal ex- penses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for indi- viduals in the Government serving without pay. (e) Security clearances (1) The Secretary of Energy shall ensure that the members and staff of the Board, and the con- tractors performing work in support of the Board, are afforded the opportunity to apply for a security clearance for any matter for which such a clearance is appropriate. The Secretary should, not later than 180 days after receiving a completed application, make a determination whether or not the individual concerned is eligi- ble for the clearance. 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