42 U.S.C. § 7384p — Responsibilities of Secretary of Health

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