Page:United States Statutes at Large Volume 114 Part 3.djvu/545

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PUBLIC LAW 106-398 —APPENDIX 114 STAT. 1654A-503 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 3621(9)(B)(ii) 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). (c) GUIDELINES.—(1) For purposes of the compensation program, the President shall by regulation establish guidelines for making the determinations required by subsection (b). (2) The President shall establish such guidelines after technical review by the Advisory Board on Radiation and Worker Health under section 3624. (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); and (C) take into consideration the type of cancer, past healthrelated 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 3621(9) 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 3621(9)(B), information specifying the estimated radiation dose of that employee during each employment specified in section 3621(9)(B), whether established by a dosimetry reading, by a method established under subsection (d), or by both a dosimetry reading and such method. 79-194O-00 - 18:QL3Part3