Page:United States Statutes at Large Volume 114 Part 3.djvu/542

 114 STAT. 1654A-500 PUBLIC LAW 106-398—APPENDIX 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. (B) Established chronic beryllium disease. (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 3623(b). (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 employ- ment 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. (B) An individual who is or was employed at a Department of Energy facility by— (i) an entity that contracted with the Department of Energy to provide management and operating, management and integration, or environmental remediation at the facility; or (ii) a contractor or subcontractor that provided services, including construction and maintenance, at the facility. (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

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