Page:United States Statutes at Large Volume 118.djvu/2211

 118 STAT. 2181 PUBLIC LAW 108–375—OCT. 28, 2004 in equal shares to each covered child of the employee who is living at the time of payment. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered spouse’ means a spouse of the employee who was married to the employee for at least one year immediately before the employee’s death. ‘‘(2) The term ‘covered child’ means a child of the employee who, as of the employee’s death— ‘‘(A) had not attained the age of 18 years; ‘‘(B) had not attained the age of 23 years and was a full time student who had been continuously enrolled as a full time student in one or more educational institu tions since attaining the age of 18 years; or ‘‘(C) had been incapable of self support. ‘‘(3) The term ‘child’ includes a recognized natural child, a stepchild who lived with an individual in a regular parent child relationship, and an adopted child. ‘‘SEC. 3675. DETERMINATIONS REGARDING CONTRACTION OF COV ERED ILLNESSES. ‘‘(a) CASES DETERMINED UNDER SUBTITLE B.—A determination under subtitle B that a Department of Energy contractor employee is entitled to compensation under that subtitle for an occupational illness shall be treated for purposes of this subtitle as a determina tion that the employee contracted that illness through exposure at a Department of Energy facility. ‘‘(b) CASES DETERMINED UNDER FORMER SUBTITLE D.—In the case of a covered illness of an employee with respect to which a panel has made a positive determination under section 3661(d) and the Secretary of Energy has accepted that determination under section 3661(e)(2), or with respect to which a panel has made a negative determination under section 3661(d) and the Secretary of Energy has found significant evidence to the contrary under section 3661(e)(2), that determination shall be treated for purposes of this subtitle as a determination that the employee contracted the covered illness through exposure at a Department of Energy facility. ‘‘(c) OTHER CASES.—(1) In any other case, a Department of Energy contractor employee shall be determined for purposes of this subtitle to have contracted a covered illness through exposure at a Department of Energy facility if— ‘‘(A) it is at least as likely as not that exposure to a toxic substance at a Department of Energy facility was a signifi cant factor in aggravating, contributing to, or causing the ill ness; and ‘‘(B) it is at least as likely as not that the exposure to such toxic substance was related to employment at a Depart ment of Energy facility. ‘‘(2) A determination under paragraph (1) shall be made by the Secretary. ‘‘(d) APPLICATIONS BY SPOUSES AND CHILDREN.—If a spouse or child of a Department of Energy contractor employee applies for benefits under this subtitle, the Secretary shall make a deter mination under this section with respect to that employee without regard to whether the spouse is a ‘covered spouse’, or the child is a ‘covered child’, under this subtitle. 42 USC 7385s–4.

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