U.S. Code » Title 42 » Chapter CHAPTER 84— DEPARTMENT OF ENERGY › Subchapter SUBCHAPTER XVI— ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM › Part Part B— Program Administration

42 U.S.C. § 7384q

Designation of additional members of special exposure cohort

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(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 membersSubject 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. 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 NotesAmendments

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.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2009–2021 · leading case: Harger v. Dep't of Labor, 569 F.3d 898 (9th Cir. 2009).
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Harger v. Dep't of Labor, 569 F.3d 898 (9th Cir. 2009). “” 42 U.S.C. § 7384q(b); see Exec. Order 13,179, 65 Fed.”
Opal Harger v. Dep't of Labor, 560 F.3d 1071 (9th Cir. 2009). “” 42 U.S.C. § 7384q(b); see Exec. Order 13,179, 65 Fed.”
Young v. United States Dep't of Labor, No. 2017-2428 (D.D.C. Apr. 1, 2020). · cites it 4× “The second track—the fast track—is inclusion in the SEC by having one of 22 cancers and being part of a class of workers that HHS designates to the SEC under 42 U.S.C. § 7384q. 5 FACTUAL BACKGROUND5 Plaintiffs’ father Arnold Young (“Mr.”
Young v. United States Dep't of Labor, No. 2017-2428 (D.D.C. Aug. 16, 2018). “5 Plaintiffs contend that this Court has subject-matter jurisdiction because they are challenging HHS’s decision to apply the standard for determining a SEC—“a finding that it is not ‘feasible’ to perform a dose estimate with ‘sufficient accuracy’”—to individuals who do not…”
Young v. United States Dep't of Labor, No. 2017-2428 (D.D.C. Aug. 6, 2021). “The second track—the fast track—is inclusion in the SEC by having one of twenty-two cancers and being part of a class of workers that HHS or Congress has designated to the SEC under 42 U.S.C. § 7384q or 42 U.S.C. § 7384l(14), respectively.”
Todd v. U.S. Dep't of Labor, 187 F. Supp. 3d 824 (W.D. Ky. 2016). “”’ 42 U.S.C. § 7384q(a)(l). Inclusion in the group exempts members from demonstrating causation of cancer from radiation through a radiation dose reconstruction.”
Opal Harger v. Dep't of Labor, No. 08-35111 (9th Cir. June 10, 2009). “” 42 U.S.C. § 7384q(b); see Exec. Order 13,179, 65 Fed.”
42 U.S.C. § 7384q(a)(l): 1 case
Todd v. U.S. Dep't of Labor, 187 F. Supp. 3d 824 (W.D. Ky. 2016). “”’ 42 U.S.C. § 7384q(a)(l). Inclusion in the group exempts members from demonstrating causation of cancer from radiation through a radiation dose reconstruction.”
42 U.S.C. § 7384q(b): 4 cases
Harger v. Dep't of Labor, 569 F.3d 898 (9th Cir. 2009). “” 42 U.S.C. § 7384q(b); see Exec. Order 13,179, 65 Fed.”
Opal Harger v. Dep't of Labor, 560 F.3d 1071 (9th Cir. 2009). “” 42 U.S.C. § 7384q(b); see Exec. Order 13,179, 65 Fed.”
Young v. United States Dep't of Labor, No. 2017-2428 (D.D.C. Apr. 1, 2020). “The second track—the fast track—is inclusion in the SEC by having one of 22 cancers and being part of a class of workers that HHS designates to the SEC under 42 U.S.C. § 7384q. 5 FACTUAL BACKGROUND5 Plaintiffs’ father Arnold Young (“Mr.”
Opal Harger v. Dep't of Labor, No. 08-35111 (9th Cir. June 10, 2009). “” 42 U.S.C. § 7384q(b); see Exec. Order 13,179, 65 Fed.”
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