
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7274i]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                Part C--General Administrative Provisions
 
Sec. 7274i. Program to monitor Department of Energy workers 
        exposed to hazardous and radioactive substances
        

(a) In general

    The Secretary shall establish and carry out a program for the 
identification and on-going medical evaluation of current and former 
Department of Energy employees who are subject to significant health 
risks as a result of the exposure of such employees to hazardous or 
radioactive substances during such employment.

(b) Implementation of program

    (1) The Secretary shall, with the concurrence of the Secretary of 
Health and Human Services, issue regulations under which the Secretary 
shall implement the program. Such regulations shall, to the extent 
practicable, provide for a process to--
        (A) identify the hazardous substances and radioactive substances 
    to which current and former Department of Energy employees may have 
    been exposed as a result of such employment;
        (B) identify employees referred to in subparagraph (A) who 
    received a level of exposure identified under paragraph (2)(B);
        (C) determine the appropriate number, scope, and frequency of 
    medical evaluations and laboratory tests to be provided to employees 
    who have received a level of exposure identified under paragraph 
    (2)(B) to permit the Secretary to evaluate fully the extent, nature, 
    and medical consequences of such exposure;
        (D) make available the evaluations and tests referred to in 
    subparagraph (C) to the employees referred to in such subparagraph;
        (E) ensure that privacy is maintained with respect to medical 
    information that personally identifies any such employee; and
        (F) ensure that employee participation in the program is 
    voluntary.

    (2)(A) In determining the most appropriate means of carrying out the 
activities referred to in subparagraphs (A) through (D) of paragraph 
(1), the Secretary shall consult with the Secretary of Health and Human 
Services under the agreement referred to in subsection (c).
    (B) The Secretary of Health and Human Services, with the assistance 
of the Director of the Centers for Disease Control and the Director of 
the National Institute for Occupational Safety and Health, and the 
Secretary of Labor shall identify the levels of exposure to the 
substances referred to in subparagraph (A) of paragraph (1) that present 
employees referred to in such subparagraph with significant health risks 
under Federal and State occupational, health, and safety standards;
    (3) In prescribing the guidelines referred to in paragraph (1), the 
Secretary shall consult with representatives of the following entities:
        (A) The American College of Occupational and Environmental 
    Medicine.
        (B) The National Academy of Sciences.
        (C) The National Council on Radiation Protection.
        (D) Any labor organization or other collective bargaining agent 
    authorized to act on the behalf of employees of a Department of 
    Energy defense nuclear facility.

    (4) The Secretary shall provide for each employee identified under 
paragraph (1)(D) and provided with any medical examination or test under 
paragraph (1)(E) to be notified by the appropriate medical personnel of 
the identification and the results of any such examination or test. Each 
notification under this paragraph shall be provided in a form that is 
readily understandable by the employee.
    (5) The Secretary shall collect and assemble information relating to 
the examinations and tests carried out under paragraph (1)(E).
    (6) The Secretary shall commence carrying out the program described 
in this subsection not later than 1 year after October 23, 1992.

(c) Agreement with Secretary of Health and Human Services

    Not later than 180 days after October 23, 1992, the Secretary shall 
enter into an agreement with the Secretary of Health and Human Services 
relating to the establishment and conduct of the program required and 
regulations issued under this section.

(Pub. L. 102-484, div. C, title XXXI, Sec. 3162, Oct. 23, 1992, 106 
Stat. 2646.)

                          Codification

    Section was enacted as part of the National Defense Authorization 
Act for Fiscal Year 1993, and not as part of the Department of Energy 
Organization Act which comprises this chapter.

                         Change of Name

    Centers for Disease Control changed to Centers for Disease Control 
and Prevention by Pub. L. 102-531, title III, Sec. 312, Oct. 27, 1992, 
106 Stat. 3504.

                  Section Referred to in Other Sections

    This section is referred to in sections 2297h-8, 7274h, 7274j of 
this title.
