42 U.S.C. § 7384m — Expansion of list of beryllium vendors

Page 7141 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7384n 107–20, title II, § 2403(a), July 24, 2001, 115 Stat. 175; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(1), (4)(C), Dec. 28, 2001, 115 Stat. 1371, 1374; Pub. L. 108–375, div. C, title XXXI, §§ 3166(b)(2), 3168(a), Oct. 28, 2004, 118 Stat. 2189, 2190; Pub. L. 118–31, div. E, title LV, § 5501(b), Dec. 22, 2023, 137 Stat. 956.) Editorial Notes REFERENCES IN TEXT Executive Order No. 12344, referred to in par. (12)(A), is set out as a note under section 2511 of Title 50, War and National Defense. Section 4(b)(2) of the Radiation Exposure Compensa- tion Act, referred to in par. (17)(A), is section 4(b)(2) of Pub. L. 101–426, which is set out in a note under section 2210 of this title. AMENDMENTS 2023—Par. (8)(A). Pub. L. 118–31 inserted dash after ‘‘established by’’, designated remainder of existing pro- visions as cl. (i), and added cl. (ii). 2004—Par. (3). Pub. L. 108–375, § 3168(a), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘The term ‘atomic weapons employee’ means an individual employed by an atomic weapons employer during a period when the employer was processing or producing, for the use by the United States, material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and milling.’’ Par. (14)(C)(ii). Pub. L. 108–375, § 3166(b)(2), substituted ‘‘30 days’’ for ‘‘180 days’’. 2001—Par. (17)(C). Pub. L. 107–20 added subpar. (C). Par. (17)(D). Pub. L. 107–107, § 3151(a)(1), added subpar. (D). Par. (18). Pub. L. 107–107, § 3151(a)(4)(C), struck out par. (18) which read as follows: ‘‘The term ‘survivor’ means any individual or individuals eligible to receive compensation pursuant to section 8133 of title 5.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENTS Pub. L. 107–107, div. C, title XXXI, § 3151(a)(4)(D), Dec. 28, 2001, 115 Stat. 1374, provided that: ‘‘The amendments made by this paragraph [amending this section and sec- tions 7384s and 7384u of this title] shall take effect on July 1, 2001.’’ Pub. L. 107–20, title II, § 2403(b), July 24, 2001, 115 Stat. 175, provided that: ‘‘This section [amending this sec- tion] shall be effective on October 1, 2001.’’ § 7384m. Expansion of list of beryllium vendors Not later than December 31, 2002, the Presi- dent may, in consultation with the Secretary of Energy, designate as a beryllium vendor for pur- poses of section 7384l(6) of this title any vendor, processor, or producer of beryllium or related products not previously listed under or des- ignated for purposes of such section 7384l(6) of this title if the President finds that such vendor, processor, or producer has been engaged in ac- tivities related to the production or processing of beryllium for sale to, or use by, the Depart- ment of Energy in a manner similar to the enti- ties listed in such section 7384l(6) of this title. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3622], Oct. 30, 2000, 114 Stat. 1654, 1654A–502.) 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. § 7384n. Exposure in the performance of duty (a) Beryllium A covered beryllium employee shall, in the ab- sence 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 cov- ered beryllium employee was— (1) employed at a Department of Energy fa- cility; or (2) present at a Department of Energy facil- ity, or a facility owned and operated by a be- ryllium vendor, because of employment by the United States, a beryllium vendor, or a con- tractor 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 sub- clause (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 pur- poses 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 deter- mined in accordance with the guidelines estab- lished under subsection (c). (c) Guidelines (1) For purposes of the compensation program, the President shall by regulation establish guidelines for making the determinations re- quired by subsection (b). (2) The President shall establish such guide- lines 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 per- forming 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 can- cer, past health-related activities (such as smoking), information on the risk of devel- oping a radiation-related cancer from work- place exposure, and other relevant factors. (4) In the case of an atomic weapons employee described in section 7384l(3)(B) of this title, the following doses of radiation shall be treated, for purposes of paragraph (3)(A) of this subsection, as part of the radiation dose received by the em- ployee at such facility: (A) Any dose of ionizing radiation received by that employee from facilities, materials, devices, or byproducts used or generated in the research, development, production, dis-