---
kind: "section"
citation: "42 U.S.C. § 7384n"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7384n"
heading: "Exposure in the performance of duty"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7384n"
units:
  - "Chapter 84 — Department of Energy"
  - "Subchapter XVI — Energy Employees Occupational Illness Compensation Program"
  - "Part B — Program Administration"
---

# §7384n. Exposure in the performance of duty

- (a) **Beryllium—** A [covered beryllium employee](/usc/42/7384l.md?p=7) 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](/usc/42/7384l.md?p=7) was—
  - (1) employed at a [Department of Energy facility](/usc/42/7384l.md?p=12); or
  - (2) present at a [Department of Energy facility](/usc/42/7384l.md?p=12), or a facility owned and operated by a [beryllium vendor](/usc/42/7384l.md?p=6), because of employment by the United States, a [beryllium vendor](/usc/42/7384l.md?p=6), or a contractor or subcontractor of the [Department of Energy](/usc/42/7384l.md?p=10),

  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)](/usc/42/7384l.md?p=9-B-ii-I), [(II)](/usc/42/7384l.md?p=9-B-ii-II), or [(III)](/usc/42/7384l.md?p=9-B-ii-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)](#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)](#b).
  - (2) The President shall establish such guidelines after technical review by the Advisory Board on [Radiation](/usc/42/7384l.md?p=16) and Worker Health under [section 7384o](/usc/42/7384o.md) of this title.
  - (3) Such guidelines shall—
    - (A) be based on the [radiation](/usc/42/7384l.md?p=16) 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](/usc/42/241.md) 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)](#d); and
    - (C) take into consideration the type of cancer, past health-related activities (such as smoking), information on the risk of developing a [radiation](/usc/42/7384l.md?p=16)-related cancer from workplace exposure, and other relevant factors.
  - (4) In the case of an [atomic weapons employee](/usc/42/7384l.md?p=3) described in [section 7384l(3)(B)](/usc/42/7384l.md?p=3-B) of this title, the following doses of [radiation](/usc/42/7384l.md?p=16) shall be treated, for purposes of paragraph (3)(A) of this subsection, as part of the [radiation](/usc/42/7384l.md?p=16) dose received by the employee at such facility:
    - (A) Any dose of ionizing [radiation](/usc/42/7384l.md?p=16) 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](/usc/42/7384l.md?p=10) (except for activities covered by Executive Order No. 12344, dated February 1, 1982 ([42 U.S.C. 7158](/usc/42/7158.md) note)[^1] pertaining to the Naval Nuclear Propulsion Program).
    - (B) Any dose of ionizing [radiation](/usc/42/7384l.md?p=16) received by that employee from a source not covered by [subparagraph (A)](#c-4-A) that is not distinguishable through reliable documentation from a dose covered by [subparagraph (A)](#c-4-A).
- (d) **Methods for radiation dose reconstructions—**
  - (1) The President shall, through any Federal [agency](/usc/42/8262.md?p=1) (other than the [Department of Energy](/usc/42/7384l.md?p=10)) or official (other than the [Secretary](/usc/42/7385s.md?p=3) of Energy or any other official within the [Department of Energy](/usc/42/7384l.md?p=10)) that the President may designate, establish by regulation methods for arriving at reasonable estimates of the [radiation](/usc/42/7384l.md?p=16) doses received by an individual specified in [subparagraph (B)](/usc/42/7384l.md?p=9-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](/usc/42/7384l.md?p=16) at such facility.
    - (B) An employee who was monitored inadequately for exposure to [radiation](/usc/42/7384l.md?p=16) at such facility.
    - (C) An employee whose records of exposure to [radiation](/usc/42/7384l.md?p=16) at such facility are missing or incomplete.
  - (2) The President shall establish an independent review process using the Advisory Board on [Radiation](/usc/42/7384l.md?p=16) and Worker Health to—
    - (A) assess the methods established under [paragraph (1)](#d-1); and
    - (B) verify a reasonable sample of the doses established under [paragraph (1)](#d-1).
- (e) **Information on radiation doses—**
  - (1) The [Secretary](/usc/42/7385s.md?p=3) of Energy shall provide, to each [covered employee with cancer](/usc/42/7384l.md?p=9) specified in [section 7384l(9)(B)](/usc/42/7384l.md?p=9-B) of this title, information specifying the estimated [radiation](/usc/42/7384l.md?p=16) dose of that employee during each employment specified in [section 7384l(9)(B)](/usc/42/7384l.md?p=9-B) of this title, whether established by a dosimetry reading, by a method established under [subsection (d)](#d), or by both a dosimetry reading and such method.
  - (2) The [Secretary](/usc/42/7385s.md?p=3) of Health and Human Services and the [Secretary](/usc/42/7385s.md?p=3) of Energy shall each make available to researchers and the general public information on the assumptions, methodology, and data used in establishing [radiation](/usc/42/7384l.md?p=16) doses under [subsection (d)](#d). The actions taken under this paragraph shall be consistent with the protection of private medical records.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3623], Oct. 30, 2000, 114 Stat. 1654, 1654A–502; Pub. L. 108–375, div. C, title XXXI, § 3168(b), Oct. 28, 2004, 118 Stat. 2190.)

## Notes

### Editorial Notes

### References in Text

Section 7(b) of the Orphan Drug Act, referred to in subsec. (c)(3)(A), is section 7(b) of Pub. L. 97–414, which is set out in a note under section 241 of this title.

Executive Order No. 12344, referred to in subsec. (c)(4)(A), is set out as a note under section 6102 of Title 10, Armed Forces.

### Amendments

2004—Subsec. (c)(4). Pub. L. 108–375 added par. (4).

### Executive Documents

### 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.