Page:United States Statutes at Large Volume 114 Part 3.djvu/544

 114 STAT. 1654A-502 PUBLIC LAW 106-398—APPENDIX (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 3626. (ii) A designation under clause (i) shall, unless Congress otherwise provides, take effect on the date that is 180 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 section 3621(9)(B), specified cancer, or chronic silicosis, as the case may be. (16) The term "radiation" means ionizing radiation in the form of— (A) alpha particles; (B) beta particles; (C) neutrons; (D) gamma rays; or (E) accelerated ions or subatomic particles from accelerator machines. (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). (B) Bone cancer. (18) The term "survivor" means any individual or individuals eligible to receive compensation pursuant to section 8133 of title 5, United States Code. SEC. 3622. EXPANSION OF LIST OF BERYLLIUM VENDORS. Not later than December 31, 2002, the President may, in consultation with the Secretary of Energy, designate as a beryllium vendor for purposes of section 3621(6) any vendor, processor, or producer of beryllium or related products not previously listed under or designated for purposes of such section 3621(6) if the President finds that such vendor, processor, or producer has been engaged in activities related to the production or processing of beryllium for sale to, or use by, the Department of Energy in a manner similar to the entities listed in such section 3621(6). SEC. 3623. EXPOSURE IN THE PERFORMANCE OF DUTY. (a) BERYLLIUM. —^A covered beryllium employee 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 was— (1) employed at a Department of Energy facility; or (2) present at a Department of Energy facility, or a facility owned and operated by a beryllium vendor, because of employ- ment by the United States, a beryllium vendor, or a contractor or subcontractor of the Department of Energy,

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