42 U.S.C. § 7384n: Exposure in the performance of duty

employed at a Department of Energy facility; or 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, An individual with cancer specified in subclause (I), (II), or (III) of section 7384 l (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). For purposes of the compensation program, the President shall by regulation establish guidelines for making the determinations required by subsection (b). The President shall establish such guidelines after technical review by the Advisory Board on Radiation and Worker Health under section 7384 o of this title. 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; incorporate the methods established under subsection (d); and 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. Any dose of ionizing radiation received by that employee from facilities, materials, devices, or byproducts used or generated in the research, development, production, dismantlement, transportation, or testing of nuclear weapons, or from any activities to research, produce, process, store, remediate, or dispose of radioactive materials by or on behalf of the Department of Energy (except for activities covered by Executive Order No. 12344, dated February 1, 1982 ( 42 U.S.C. 7158 note) 1 pertaining to the Naval Nuclear Propulsion Program). 1 See References in Text note below. Any dose of ionizing radiation received by that employee from a source not covered by subparagraph (A) that is not distinguishable through reliable documentation from a dose covered by subparagraph (A). An employee who was not monitored for exposure to radiation at such facility. An employee who was monitored inadequately for exposure to radiation at such facility. An employee whose records of exposure to radiation at such facility are missing or incomplete. assess the methods established under paragraph (1); and verify a reasonable sample of the doses established under paragraph (1). The Secretary of Energy shall provide, to each covered employee with cancer specified in section 7384 l (9)(B) of this title, information specifying the estimated radiation dose of that employee during each employment specified in section 7384 l (9)(B) of this title, whether established by a dosimetry reading, by a method established under subsection (d), or by both a dosimetry reading and such method. 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). The actions taken under this paragraph shall be consistent with the protection of private medical records.