In this subchapter:
(1) The term “covered employee” means any of the following:
(C)
To the extent provided in section 7384r of this title, a covered employee with chronic silicosis (as defined in that section).
(3) The term “atomic weapons employee” means any of the following:
(A)
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.
(B) An individual employed—
(i)
at a facility with respect to which the National Institute for Occupational Safety and Health, in its report dated October 2003 and titled “Report on Residual Radioactive and Beryllium Contamination at Atomic Weapons Employer Facilities and Beryllium Vendor Facilities”, or any update to that report, found that there is a potential for significant residual contamination outside of the period in which weapons-related production occurred;
(ii)
by an atomic weapons employer or subsequent owner or operators of a facility described in clause (i); and
(4) The term “atomic weapons employer” means an entity, other than the United States, that—
(A)
processed or produced, for use by the United States, material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and milling; and
(B)
is designated by the Secretary of Energy as an atomic weapons employer for purposes of the compensation program.
(5)
The term “atomic weapons employer facility” means a facility, owned by an atomic weapons employer, that is or was used to process or produce, for use by the United States, material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining or milling.
(6) The term “beryllium vendor” means any of the following:
(E)
NGK Metals Corporation and its predecessors, Kawecki-Berylco, Cabot Corporation, BerylCo, and Beryllium Corporation of America.
(I)
Any other vendor, processor, or producer of beryllium or related products designated as a beryllium vendor for purposes of the compensation program under section 7384m of this title.
(7) The term “covered beryllium employee” means the following, if and only if the employee is determined to have been exposed to beryllium in the performance of duty in accordance with section 7384n(a) of this title:
(A)
A current or former employee (as that term is defined in section 8101(1) of title 5) who may have been exposed to beryllium at a Department of Energy facility or at a facility owned, operated, or occupied by a beryllium vendor.
(B) A current or former employee of—
(C)
A current or former employee of a beryllium vendor, or of a contractor or subcontractor of a beryllium vendor, during a period when the vendor was engaged in activities related to the production or processing of beryllium for sale to, or use by, the Department of Energy.
(8) The term “covered beryllium illness” means any of the following:
(A)
Beryllium sensitivity as established by an abnormal beryllium lymphocyte proliferation test performed on either blood or lung lavage cells.
(C)
Any injury, illness, impairment, or disability sustained as a consequence of a covered beryllium illness referred to in subparagraph (A) or (B).
(9) The term “covered employee with cancer” means any of the following:
(A)
An individual with a specified cancer who is a member of the Special Exposure Cohort, if and only if that individual contracted that specified cancer after beginning employment at a Department of Energy facility (in the case of a Department of Energy employee or Department of Energy contractor employee) or at an atomic weapons employer facility (in the case of an atomic weapons employee).
(B)
(i)
An individual with cancer specified in subclause (I), (II), or (III) of clause (ii), if and only if that individual is determined to have sustained that cancer in the performance of duty in accordance with section 7384n(b) of this title.
(ii) Clause (i) applies to any of the following:
(I)
A Department of Energy employee who contracted that cancer after beginning employment at a Department of Energy facility.
(II)
A Department of Energy contractor employee who contracted that cancer after beginning employment at a Department of Energy facility.
(III)
An atomic weapons employee who contracted that cancer after beginning employment at an atomic weapons employer facility.
(10)
The term “Department of Energy” includes the predecessor agencies of the Department of Energy, including the Manhattan Engineering District.
(11) The term “Department of Energy contractor employee” means any of the following:
(A)
An individual who is or was in residence at a Department of Energy facility as a researcher for one or more periods aggregating at least 24 months.
(12) The term “Department of Energy facility” means any building, structure, or premise, including the grounds upon which such building, structure, or premise is located—
(A)
in which operations are, or have been, conducted by, or on behalf of, the Department of Energy (except for buildings, structures, premises, grounds, or operations covered by Executive Order No. 12344, dated February 1, 1982, pertaining to the Naval Nuclear Propulsion Program); and
(13) The term “established chronic beryllium disease” means chronic beryllium disease as established by the following:
(A) For diagnoses on or after January 1, 1993, beryllium sensitivity (as established in accordance with paragraph (8)(A)), together with lung pathology consistent with chronic beryllium disease, including—
(i)
a lung biopsy showing granulomas or a lymphocytic process consistent with chronic beryllium disease;
(ii)
a computerized axial tomography scan showing changes consistent with chronic beryllium disease; or
(iii)
pulmonary function or exercise testing showing pulmonary deficits consistent with chronic beryllium disease.
(14) The term “member of the Special Exposure Cohort” means a Department of Energy employee, Department of Energy contractor employee, or atomic weapons employee who meets any of the following requirements:
(A) The employee was so employed for a number of work days aggregating at least 250 work days before February 1, 1992, at a gaseous diffusion plant located in Paducah, Kentucky, Portsmouth, Ohio, or Oak Ridge, Tennessee, and, during such employment—
(i)
was monitored through the use of dosimetry badges for exposure at the plant of the external parts of employee’s body to radiation; or
(B)
The employee was so employed before January 1, 1974, by the Department of Energy or a Department of Energy contractor or subcontractor on Amchitka Island, Alaska, and was exposed to ionizing radiation in the performance of duty related to the Long Shot, Milrow, or Cannikin underground nuclear tests.
(C)
(i)
Subject to clause (ii), the employee is an individual designated as a member of the Special Exposure Cohort by the President for purposes of the compensation program under section 7384q of this title.
(ii)
A designation under clause (i) shall, unless Congress otherwise provides, take effect on the date that is 30 days after the date on which the President submits to Congress a report identifying the individuals covered by the designation and describing the criteria used in designating those individuals.
(15)
The term “occupational illness” means a covered beryllium illness, cancer referred to in paragraph (9)(B), specified cancer, or chronic silicosis, as the case may be.
(17) The term “specified cancer” means any of the following:
(A)
A specified disease, as that term is defined in section 4(b)(2) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note).
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3621], Oct. 30, 2000, 114 Stat. 1654, 1654A–498; Pub. L. 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.)