Page:United States Statutes at Large Volume 118.djvu/2220

 118 STAT. 2190 PUBLIC LAW 108–375—OCT. 28, 2004 of the petitions referred to in subsection (a). The report shall include, for each petition, the estimated time to complete the consid eration of that petition and any anticipated actions or circumstances that could preclude the Board from acting upon that petition before the end of fiscal year 2005. SEC. 3168. COVERAGE OF INDIVIDUALS EMPLOYED AT ATOMIC WEAPONS EMPLOYER FACILITIES DURING PERIODS OF RESIDUAL CONTAMINATION. (a) COVERAGE.—Paragraph (3) of section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (title XXXVI of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106– 398); 42 U.S.C. 7384l) is amended to read as follows: ‘‘(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 proc essing or producing, for the use by the United States, material that emitted radiation and was used in the produc tion 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 ‘‘(iii) during a period, as specified in such report or any update to such report, of potential for significant residual radioactive contamination at such facility.’’. (b) RADIATION DOSE FOR CERTAIN ATOMIC WEAPONS EMPLOYEES.—Section 3623 of that Act (42 U.S.C. 7384n) is amended by adding at the end of subsection (c) the following new paragraph: ‘‘(4) In the case of an atomic weapons employee described in section 3621(3)(B), the following doses of radiation shall be treated, for purposes of paragraph (3)(A) of this subsection, as part of the radiation dose received by the employee at such facility: ‘‘(A) Any dose of ionizing radiation received by that employee from facilities, materials, devices, or byproducts used or generated in the research, development, production, dis mantlement, transportation, or testing of nuclear weapons, or from any activities to research, produce, process, store, reme diate, or dispose of radioactive materials by or on behalf of the Department of Energy (except for activities covered by Executive Order No. 12344, dated February 1, 1982 (42 U.S.C. 7158 note) pertaining to the Naval Nuclear Propulsion Pro gram). ‘‘(B) Any dose of ionizing radiation received by that employee from a source not covered by subparagraph (A) that

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