---
kind: "section"
citation: "42 U.S.C. § 7384q"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7384q"
heading: "Designation of additional members of special exposure cohort"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7384q"
units:
  - "Chapter 84 — Department of Energy"
  - "Subchapter XVI — Energy Employees Occupational Illness Compensation Program"
  - "Part B — Program Administration"
---

# §7384q. Designation of additional members of special exposure cohort

- (a) **Advice on additional members—**
  - (1) The Advisory Board on [Radiation](/usc/42/7384l.md?p=16) and Worker Health under [section 7384o](/usc/42/7384o.md) of this title shall advise the President whether there is a class of employees at any [Department of Energy facility](/usc/42/7384l.md?p=12) who likely were exposed to [radiation](/usc/42/7384l.md?p=16) at that facility but for whom it is not feasible to estimate with sufficient accuracy the [radiation](/usc/42/7384l.md?p=16) dose they received.
  - (2) The advice of the Advisory Board on [Radiation](/usc/42/7384l.md?p=16) and Worker Health under [paragraph (1)](#a-1) shall be based on exposure assessments by [radiation](/usc/42/7384l.md?p=16) health professionals, information provided by the [Department of Energy](/usc/42/7384l.md?p=10), and such other information as the Advisory Board considers appropriate.
  - (3) The President shall request advice under [paragraph (1)](#a-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 members—** Subject to the provisions of [section 7384l(14)(C)](/usc/42/7384l.md?p=14-C) of this title, the members of a class of employees at a [Department of Energy facility](/usc/42/7384l.md?p=12), or at an [atomic weapons employer facility](/usc/42/7384l.md?p=5), 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](/usc/42/7384l.md?p=16) and Worker Health, determines that—
  - (1) it is not feasible to estimate with sufficient accuracy the [radiation](/usc/42/7384l.md?p=16) dose that the class received; and
  - (2) there is a reasonable likelihood that such [radiation](/usc/42/7384l.md?p=16) 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](/usc/42/7381g.md?p=1) of the National Institute for Occupational Safety and Health shall submit to the Advisory Board on [Radiation](/usc/42/7384l.md?p=16) 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](/usc/42/7384l.md?p=16) and Worker Health that the President should determine in the affirmative that paragraphs [(1)](#b-1) and [(2)](#b-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)](#c-2-A) is in the affirmative, the President shall also submit a report meeting the requirements of [section 7384l(14)(C)(ii)](/usc/42/7384l.md?p=14-C-ii) of this title.
    - (C) If the President does not submit a determination required by [subparagraph (A)](#c-2-A) within the period required by [subparagraph (A)](#c-2-A), then upon the day following the expiration of that period, it shall be deemed for purposes of [section 7384l(14)(C)(ii)](/usc/42/7384l.md?p=14-C-ii) of this title that the President submitted the report under that provision on that day.
- (d) **Access to information—** The [Secretary](/usc/42/7385s.md?p=3) of Energy shall provide, in accordance with law, the [Secretary](/usc/42/7385s.md?p=3) of Health and Human Services and the members and staff of the Advisory Board on [Radiation](/usc/42/7384l.md?p=16) and Worker Health access to relevant information on worker exposures, including access to Restricted Data (as defined in [section 2014(y) of this title](/usc/42/2014.md?p=y).[^1]

## Footnotes

[^1]: So in original. A closing parenthesis should probably follow “title”.

## Source credit

(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.)

## Notes

### 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.