§7384n. Exposure in the performance of duty
(a) Beryllium
A covered beryllium employee shall, in the absence of substantial evidence to the contrary, be determined to have been exposed to beryllium in the performance of duty for the purposes of the compensation program if, and only if, the covered beryllium employee was-
(1) employed at a Department of Energy facility; or
(2) present at a Department of Energy facility, or a facility owned and operated by a beryllium vendor, because of employment by the United States, a beryllium vendor, or a contractor or subcontractor of the Department of Energy,
during a period when beryllium dust, particles, or vapor may have been present at such facility.
(b) Cancer
An individual with cancer specified in subclause (I), (II), or (III) of section 7384l(9)(B)(ii) of this title shall be determined to have sustained that cancer in the performance of duty for purposes of the compensation program if, and only if, the cancer specified in that subclause was at least as likely as not related to employment at the facility specified in that subclause, as determined in accordance with the guidelines established under subsection (c) of this section.
(c) Guidelines
(1) For purposes of the compensation program, the President shall by regulation establish guidelines for making the determinations required by subsection (b) of this section.
(2) The President shall establish such guidelines after technical review by the Advisory Board on Radiation and Worker Health under section 7384o of this title.
(3) Such guidelines shall-
(A) be based on the radiation dose received by the employee (or a group of employees performing similar work) at such facility and the upper 99 percent confidence interval of the probability of causation in the radioepidemiological tables published under section 7(b) of the Orphan Drug Act (42 U.S.C. 241 note), as such tables may be updated under section 7(b)(3) of such Act from time to time;
(B) incorporate the methods established under subsection (d) of this section; and
(C) take into consideration the type of cancer, past health-related activities (such as smoking), information on the risk of developing a radiation-related cancer from workplace exposure, and other relevant factors.
(d) Methods for radiation dose reconstructions
(1) The President shall, through any Federal agency (other than the Department of Energy) or official (other than the Secretary of Energy or any other official within the Department of Energy) that the President may designate, establish by regulation methods for arriving at reasonable estimates of the radiation doses received by an individual specified in subparagraph (B) of section 7384l(9) of this title at a facility specified in that subparagraph by each of the following employees:
(A) An employee who was not monitored for exposure to radiation at such facility.
(B) An employee who was monitored inadequately for exposure to radiation at such facility.
(C) An employee whose records of exposure to radiation at such facility are missing or incomplete.
(2) The President shall establish an independent review process using the Advisory Board on Radiation and Worker Health to-
(A) assess the methods established under paragraph (1); and
(B) verify a reasonable sample of the doses established under paragraph (1).
(e) Information on radiation doses
(1) The Secretary of Energy shall provide, to each covered employee with cancer specified in section 7384l(9)(B) of this title, information specifying the estimated radiation dose of that employee during each employment specified in section 7384l(9)(B) of this title, whether established by a dosimetry reading, by a method established under subsection (d) of this section, or by both a dosimetry reading and such method.
(2) The Secretary of Health and Human Services and the Secretary of Energy shall each make available to researchers and the general public information on the assumptions, methodology, and data used in establishing radiation doses under subsection (d) of this section. The actions taken under this paragraph shall be consistent with the protection of private medical records.
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References in Text
Section 7(b) of the Orphan Drug Act, referred to in subsec. (c)(3)(A), is section 7(b) of
Delegation of Functions
For delegation of certain functions of the President under this section, see Ex. Ord. No. 13179, Dec. 7, 2000, 65 F.R. 77487, set out as a note under section 7384 of this title.
Section Referred to in Other Sections
This section is referred to in sections 7384l, 7384o of this title.