---
kind: "section"
citation: "42 U.S.C. § 7385s–10"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7385s–10"
heading: "Administrative matters"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7385s-10"
units:
  - "Chapter 84 — Department of Energy"
  - "Subchapter XVI — Energy Employees Occupational Illness Compensation Program"
  - "Part E — Contractor Employee Compensation"
---

# §7385s–10. Administrative matters

- (a) **In general—** The [Secretary](/usc/42/7385s.md?p=3) shall administer this part.
- (b) **Contract authority—** The [Secretary](/usc/42/7385s.md?p=3) may enter into contracts with appropriate persons and entities to administer this part.
- (c) **Records—**
  - (1)
    - (A) The [Secretary](/usc/42/7385s.md?p=3) of Energy shall provide to the [Secretary](/usc/42/7385s.md?p=3) all records, files, and other data, whether paper, electronic, imaged, or otherwise, developed by the [Secretary](/usc/42/7385s.md?p=3) of Energy that are applicable to the administration of this part, including records, files, and data on facility industrial hygiene, employment of individuals or groups, exposure and medical records, and claims applications.
    - (B) In providing records, files, and other data under this paragraph, the [Secretary](/usc/42/7385s.md?p=3) of Energy shall preserve the current organization of such records, files, and other data, and shall provide such description and indexing of such records, files, and other data as the [Secretary](/usc/42/7385s.md?p=3) considers appropriate to facilitate their use by the [Secretary](/usc/42/7385s.md?p=3).
  - (2) The [Secretary](/usc/42/7385s.md?p=3) of Energy and the [Secretary](/usc/42/7385s.md?p=3) shall jointly undertake such actions as are appropriate to retrieve records applicable to the claims of Department of Energy contractor employees for contractor employee compensation under this part, including employment records, records of exposure to beryllium, radiation, silica, or other toxic substances, and records regarding medical [treatment](/usc/42/11851.md?p=11).
- (d) **Information—** At the request of the [Secretary](/usc/42/7385s.md?p=3), the [Secretary](/usc/42/7385s.md?p=3) of Energy and any contractor who employed a Department of Energy contractor employee shall, within time periods specified by the [Secretary](/usc/42/7385s.md?p=3), provide to the [Secretary](/usc/42/7385s.md?p=3) and to the employee information or documents in response to the request.
- (e) **Regulations—** The [Secretary](/usc/42/7385s.md?p=3) shall prescribe regulations necessary for the administration of this part. The initial regulations shall be prescribed not later than 210 days after October 28, 2004. The [Secretary](/usc/42/7385s.md?p=3) may prescribe interim final regulations necessary to meet the deadlines specified in this part.
- (f) **Transition provisions—**
  - (1) The [Secretary](/usc/42/7385s.md?p=3) shall commence the administration of the provisions of this part not later than 210 days after October 28, 2004.
  - (2) Until the commencement of the administration of this part, the Department of Energy Physicians Panels appointed pursuant to part D shall continue to consider and issue determinations concerning any cases pending before such Panels immediately before October 28, 2004.
  - (3) The [Secretary](/usc/42/7385s.md?p=3) shall take such actions as are appropriate to identify other activities under part D that will continue until the commencement of the administration of this part.
- (g) **Previous applications—** Upon the commencement of the administration of this part, any application previously filed with the [Secretary](/usc/42/7385s.md?p=3) of Energy pursuant to part D shall be considered to have been filed with the [Secretary](/usc/42/7385s.md?p=3) as a claim for benefits pursuant to this part.

## Source credit

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3681], as added Pub. L. 108–375, div. C, title XXXI, § 3161, Oct. 28, 2004, 118 Stat. 2183.)

## Notes

### Editorial Notes

### References in Text

Part D, referred to in subsecs. (f)(2), (3) and (g), was repealed by Pub. L. 108–375, div. C, title XXXI, § 3162(i), Oct. 28, 2004, 118 Stat. 2186.