42 U.S.C. § 7384l: Definitions for program administration

A covered beryllium employee. A covered employee with cancer. To the extent provided in section 7384r of this title , a covered employee with chronic silicosis (as defined in that section). The term “atomic weapon” has the meaning given that term in section 2014(d) of this title . 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. 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; by an atomic weapons employer or subsequent owner or operators of a facility described in clause (i); and during a period, as specified in such report or any update to such report, of potential for significant residual radioactive contamination at such facility. 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 is designated by the Secretary of Energy as an atomic weapons employer for purposes of the compensation program. 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. Atomics International. Brush Wellman, Incorporated, and its predecessor, Brush Beryllium Company. General Atomics. General Electric Company. NGK Metals Corporation and its predecessors, Kawecki-Berylco, Cabot Corporation, BerylCo, and Beryllium Corporation of America. Nuclear Materials and Equipment Corporation. StarMet Corporation and its predecessor, Nuclear Metals, Incorporated. Wyman Gordan, Incorporated. 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 . 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. any entity that contracted with the Department of Energy to provide management and operation, management and integration, or environmental remediation of a Department of Energy facility; or any contractor or subcontractor that provided services, including construction and maintenance, at such a facility. 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. an abnormal beryllium lymphocyte proliferation test performed on either blood or lung lavage cells; or three borderline beryllium lymphocyte proliferation tests performed on blood cells over a period of 3 years. Established chronic beryllium disease. Any injury, illness, impairment, or disability sustained as a consequence of a covered beryllium illness referred to in subparagraph (A) or (B). 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). 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 . A Department of Energy employee who contracted that cancer after beginning employment at a Department of Energy facility. A Department of Energy contractor employee who contracted that cancer after beginning employment at a Department of Energy facility. An atomic weapons employee who contracted that cancer after beginning employment at an atomic weapons employer facility. The term “Department of Energy” includes the predecessor agencies of the Department of Energy, including the Manhattan Engineering District. 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. an entity that contracted with the Department of Energy to provide management and operating, management and integration, or environmental remediation at the facility; or a contractor or subcontractor that provided services, including construction and maintenance, at the facility. 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 a proprietary interest; or entered into a contract with an entity to provide management and operation, management and integration, environmental remediation services, construction, or maintenance services. a lung biopsy showing granulomas or a lymphocytic process consistent with chronic beryllium disease; a computerized axial tomography scan showing changes consistent with chronic beryllium disease; or pulmonary function or exercise testing showing pulmonary deficits consistent with chronic beryllium disease. occupational or environmental history, or epidemiologic evidence of beryllium exposure; and Characteristic chest radiographic (or computed tomography (CT)) abnormalities. Restrictive or obstructive lung physiology testing or diffusing lung capacity defect. Lung pathology consistent with chronic beryllium disease. Clinical course consistent with a chronic respiratory disorder. Immunologic tests showing beryllium sensitivity (skin patch test or beryllium blood test preferred). was monitored through the use of dosimetry badges for exposure at the plant of the external parts of employee’s body to radiation; or worked in a job that had exposures comparable to a job that is or was monitored through the use of dosimetry badges. 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. 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 . 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. 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. alpha particles; beta particles; neutrons; gamma rays; or accelerated ions or subatomic particles from accelerator machines. 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). Bone cancer. Renal cancers. Leukemia (other than chronic lymphocytic leukemia), if initial occupational exposure occurred before 21 years of age and onset occurred more than two years after initial occupational exposure.