§2734. Programs for persons who may have been exposed to radiation released from Hanford Nuclear Reservation

(a) Funding

Of the funds authorized to be appropriated to the Department of Energy under title XXXI of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510), the Secretary of Energy shall make available $3,000,000 to the State of Washington, $1,000,000 to the State of Oregon, and $1,000,000 to the State of Idaho. Such funds shall be used to develop and implement programs for the benefit of persons who may have been exposed to radiation released from the Department of Energy Hanford Nuclear Reservation (Richland, Washington) between the years 1944 and 1972.

(b) Programs

The programs to be developed by the States may include only the following activities:

(1) Preparing and distributing information on the health effects of radiation to health care professionals, and to persons who may have been exposed to radiation.

(2) Developing and implementing mechanisms for referring persons who may have been exposed to radiation to health care professionals with expertise in the health effects of radiation.

(3) Evaluating and, if feasible, implementing, registration and monitoring of persons who may have been exposed to radiation released from the Hanford Nuclear Reservation.

(c) Plan and reports

(1) The States of Washington, Oregon, and Idaho shall jointly develop a single plan for implementing this section.

(2) Not later than May 5, 1991, such States shall submit to the Secretary of Energy and Congress a copy of the plan developed under paragraph (1).

(3) Not later than May 5, 1992, such States shall submit to the Secretary of Energy and Congress a single report on the implementation of the plan developed under paragraph (1).

(4) In developing and implementing the plan, such States shall consult with persons carrying out current radiation dose and epidemiological research programs (including the Hanford Thyroid Disease Study of the Centers for Disease Control and Prevention and the Hanford Environmental Dose Reconstruction Project of the Department of Energy), and may not cause substantial damage to such research programs.

(d) Prohibition on disclosure of exposure information

(1) Except as provided in paragraph (2), a person may not disclose to the public the following:

(A) Any information obtained through a program that identifies a person who may have been exposed to radiation released from the Hanford Nuclear Reservation.

(B) Any information obtained through a program that identifies a person participating in any of the programs developed under this section.

(C) The name, address, and telephone number of a person requesting information referred to in subsection (b)(1).

(D) The name, address, and telephone number of a person who has been referred to a health care professional under subsection (b)(2).

(E) The name, address, and telephone number of a person who has been registered and monitored pursuant to subsection (b)(3).

(F) Information that identifies the person from whom information referred to in this paragraph was obtained under a program or any other third party involved with, or identified by, any such information so obtained.

(G) Any other personal or medical information that identifies a person or party referred to in subparagraphs (A) through (F).

(H) Such other information or categories of information as the chief officers of the health departments of the States of Washington, Oregon, and Idaho jointly designate as information covered by this subsection.

(2) Information referred to in paragraph (1) may be disclosed to the public if the person identified by the information, or the legal representative of that person, has consented in writing to the disclosure.

(3) The States of Washington, Oregon, and Idaho shall establish uniform procedures for carrying out this subsection, including procedures governing the following:

(A) The disclosure of information under paragraph (2).

(B) The use of the Hanford Health Information Network database.

(C) The future disposition of the database.

(D) Enforcement of the prohibition provided in paragraph (1) on the disclosure of information described in that paragraph.

(Pub. L. 107–314, div. D, title XLVI, §4644, formerly Pub. L. 101–510, div. C, title XXXI, §3138, Nov. 5, 1990, 104 Stat. 1834 ; Pub. L. 103–337, div. C, title XXXI, §3138(b), Oct. 5, 1994, 108 Stat. 3087 ; renumbered Pub. L. 107–314, div. D, title XLVI, §4644, and amended Pub. L. 108–136, div. C, title XXXI, §3141(i)(15), Nov. 24, 2003, 117 Stat. 1780 ; Pub. L. 113–66, div. C, title XXXI, §3146(g)(12), Dec. 26, 2013, 127 Stat. 1080 .)

Editorial Notes

References in Text

Title XXXI of the National Defense Authorization Act for Fiscal Year 1991, referred to in subsec. (a), is title XXXI of div. C of Pub. L. 101–510, Nov. 5, 1990, 104 Stat. 1824 . For complete classification of title XXXI to the Code, see Tables.

Amendments

2013-Subsec. (c)(2), (3). Pub. L. 113–66, §3146(g)(12)(A), substituted "Congress" for "the Congress".

Subsec. (c)(4). Pub. L. 113–66, §3146(g)(12)(B), inserted "and Prevention" after "Disease Control".

2003-Pub. L. 108–136, §3141(i)(15)(D)(i), made technical amendment to section catchline.

Subsec. (a). Pub. L. 108–136, §3141(i)(15)(D)(ii), substituted "title XXXI of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510)" for "this title".

Subsec. (c)(2). Pub. L. 108–136, §3141(i)(15)(D)(iii)(I), substituted "May 5, 1991," for "six months after the date of the enactment of this Act,".

Subsec. (c)(3). Pub. L. 108–136, §3141(i)(15)(D)(iii)(II), substituted "May 5, 1992," for "18 months after the date of the enactment of this Act,".

1994-Subsec. (d). Pub. L. 103–337 added subsec. (d).