Title 42 — The Public Health and Welfare

Part B · Chapter 84 — Department of Energy

§ 7384l. Definitions for program administration

Statutory text

In this subchapter:

The term “covered employee” means any of the following:

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.

The term “atomic weapons employee” means any of the following:

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.

An individual employed—

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.

The term “atomic weapons employer” means an entity, other than the United States, that—

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.

The term “beryllium vendor” means any of the following:

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.

The term “covered beryllium employee” means the following, if and only if the employee is determined to have been exposed to beryllium in the performance of duty in accordance with section 7384n(a) 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.

A current or former employee of—

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.

The term “covered beryllium illness” means any of the following:

Beryllium sensitivity as established by—

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).

The term “covered employee with cancer” means any of the following:

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.

Clause (i) applies to any of the following:

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.

The term “Department of Energy contractor employee” means any of the following:

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 individual who is or was employed at a Department of Energy facility by—

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.

The term “Department of Energy facility” means any building, structure, or premise, including the grounds upon which such building, structure, or premise is located—

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

with regard to which the Department of Energy has or had—

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.

The term “established chronic beryllium disease” means chronic beryllium disease as established by the following:

For diagnoses on or after January 1, 1993, beryllium sensitivity (as established in accordance with paragraph (8)(A)), together with lung pathology consistent with chronic beryllium disease, including—

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.

For diagnoses before January 1, 1993, the presence of—

occupational or environmental history, or epidemiologic evidence of beryllium exposure; and

any three of the following criteria:

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).

The term “member of the Special Exposure Cohort” means a Department of Energy employee, Department of Energy contractor employee, or atomic weapons employee who meets any of the following requirements:

The employee was so employed for a number of work days aggregating at least 250 work days before February 1, 1992, at a gaseous diffusion plant located in Paducah, Kentucky, Portsmouth, Ohio, or Oak Ridge, Tennessee, and, during such employment—

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.

The term “radiation” means ionizing radiation in the form of—

alpha particles;

beta particles;

neutrons;

gamma rays; or

accelerated ions or subatomic particles from accelerator machines.

The term “specified cancer” means any of the following:

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2000
Pub. L. 106–398 § 1(dC)(tXXXVI)(s3621) · 114 Stat. 1654
Enacted · 42 U.S.C. § 7384l
Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3621], Oct. 30, 2000, 114 Stat. 1654, 1654A–498
Source evidence
Code source credit
Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3621], Oct. 30, 2000, 114 Stat. 1654, 1654A–498
Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.
2001
Pub. L. 107–20 title II § 2403(a) · 115 Stat. 155
Added · 42 U.S.C. § 7384l(17)(C)
Pub. L. 107–20 added subpar. (C)
Source evidence
Code amendment note
Par. (17)(C). Pub. L. 107–20 added subpar. (C).
Enacted provision · exact public law section
(a) Section 3621(17) 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 by Public Law 106–398; 114 Stat. 1654A–502)) is amended by adding at the end the following 42 USC 7384l. new subparagraph: “(C) Renal cancers.”.
Effective date note
Pub. L. 107–107, div. C, title XXXI, § 3151(a)(4)(D), Dec. 28, 2001, 115 Stat. 1374, provided that: “The amendments made by this paragraph [amending this section and sections 7384s and 7384u of this title] shall take effect on July 1, 2001.” Pub. L. 107–20, title II, § 2403(b), July 24, 2001, 115 Stat. 175, provided that: “This section [amending this section] shall be effective on October 1, 2001.”
2001
National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 3151(a)(1) · 115 Stat. 1012
Added · 42 U.S.C. § 7384l(17)(D)
Pub. L. 107–107, § 3151(a)(1), added subpar. (D)
Source evidence
Code amendment note
Par. (17)(D). Pub. L. 107–107, § 3151(a)(1), added subpar. (D).
Enacted provision · exact public law section
(1) Certain leukemia as specified cancer.— Section 3621(17) (114 Stat. 1654A-502; 42 U.S.C. 73841(17)), as amended by section 2403 of the Supplemental Appropriations Act, 2001 (Public Law 107–20; 115 Stat. 175), is further amended by adding at the end the following new subparagraph: “(D) 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.”.
Effective date note
Pub. L. 107–107, div. C, title XXXI, § 3151(a)(4)(D), Dec. 28, 2001, 115 Stat. 1374, provided that: “The amendments made by this paragraph [amending this section and sections 7384s and 7384u of this title] shall take effect on July 1, 2001.” Pub. L. 107–20, title II, § 2403(b), July 24, 2001, 115 Stat. 175, provided that: “This section [amending this section] shall be effective on October 1, 2001.”
2001
National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 3151(a)(4)(C) · 115 Stat. 1012
Struck · 42 U.S.C. § 7384l(18)
Pub. L. 107–107, § 3151(a)(4)(C), struck out par. (18) which read as follows: “The term ‘survivor’ means any individual or individuals eligible to receive compensation pursuant to section 8133 of title 5.”
Source evidence
Code amendment note
Par. (18). Pub. L. 107–107, § 3151(a)(4)(C), struck out par. (18) which read as follows: “The term ‘survivor’ means any individual or individuals eligible to receive compensation pursuant to section 8133 of title 5.”
Enacted provision · exact public law section
(C) Paragraph (18) of section 3621 (114 Stat. 1654A-502; 42 U.S.C. 73841) is repealed.
Effective date note
Pub. L. 107–107, div. C, title XXXI, § 3151(a)(4)(D), Dec. 28, 2001, 115 Stat. 1374, provided that: “The amendments made by this paragraph [amending this section and sections 7384s and 7384u of this title] shall take effect on July 1, 2001.” Pub. L. 107–20, title II, § 2403(b), July 24, 2001, 115 Stat. 175, provided that: “This section [amending this section] shall be effective on October 1, 2001.”
2004
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 3168(a) · 118 Stat. 1811
Amended · 42 U.S.C. § 7384l(3)
Pub. L. 108–375, § 3168(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The term ‘atomic weapons employee’ means 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.”
Source evidence
Code amendment note
Par. (3). Pub. L. 108–375, § 3168(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The term ‘atomic weapons employee’ means 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.”
Enacted provision · exact public law section
(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 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. “(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.” .
2004
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 3166(b)(2) · 118 Stat. 1811
Substituted · 42 U.S.C. § 7384l(14)(C)(ii)
Pub. L. 108–375, § 3166(b)(2), substituted “30 days” for “180 days”
Source evidence
Code amendment note
Par. (14)(C)(ii). Pub. L. 108–375, § 3166(b)(2), substituted “30 days” for “180 days”.
Enacted provision · exact public law section
(2) Section 3621(14)(C)(ii) of that Act (42 U.S.C. 7384l(14)(C)(ii)) is amended by striking “180 days” and inserting “30 days”.
2023
Beryllium Testing Fairness Act
Pub. L. 118–31 div. E title LV § 5501(b) · 137 Stat. 136
1. Inserted · 42 U.S.C. § 7384l(8)(A)
  Pub. L. 118–31 inserted dash after “established by”
2. Amended · 42 U.S.C. § 7384l(8)(A)
  Pub. L. 118–31 designated remainder of existing provisions as cl. (i)
3. Added · 42 U.S.C. § 7384l(8)(A)
  Pub. L. 118–31 added cl. (ii)
Source evidence
Code amendment note
Par. (8)(A). Pub. L. 118–31 inserted dash after “established by”, designated remainder of existing provisions as cl. (i), and added cl. (ii).
Enacted provision · exact public law section
(b) Modification of Demonstration of Beryllium Sensitivity.— Section 3621(8)(A) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l(8)(A)) is amended— (1) by striking “established by an abnormal” and inserting the following: “established by— “(i) an abnormal” ; (2) by striking the period at the end and inserting “; or”; and (3) by adding at the end the following: “(ii) three borderline beryllium lymphocyte proliferation tests performed on blood cells over a period of 3 years.” .

9 of 9 references resolved to an enrolled provision

Editorial Notes

References in Text

Executive Order No. 12344, referred to in par. (12)(A), is set out as a note under section 6102 of Title 10, Armed Forces.

Section 4(b)(2) of the Radiation Exposure Compensation Act, referred to in par. (17)(A), is section 4(b)(2) of Pub. L. 101–426, which is set out in a note under section 2210 of this title.

Amendments2001–2023 · 3 rounds

2023

Par. (8)(A). Pub. L. 118–31 inserted dash after “established by”, designated remainder of existing provisions as cl. (i), and added cl. (ii).

2004

Par. (3). Pub. L. 108–375, § 3168(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The term ‘atomic weapons employee’ means 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.”

Par. (14)(C)(ii). Pub. L. 108–375, § 3166(b)(2), substituted “30 days” for “180 days”.

2001

Par. (17)(C). Pub. L. 107–20 added subpar. (C).

Par. (17)(D). Pub. L. 107–107, § 3151(a)(1), added subpar. (D).

Par. (18). Pub. L. 107–107, § 3151(a)(4)(C), struck out par. (18) which read as follows: “The term ‘survivor’ means any individual or individuals eligible to receive compensation pursuant to section 8133 of title 5.”

Statutory Notes and Related Subsidiaries

Effective Date of 2001 Amendments

Pub. L. 107–107, div. C, title XXXI, § 3151(a)(4)(D), Dec. 28, 2001, 115 Stat. 1374, provided that: “The amendments made by this paragraph [amending this section and sections 7384s and 7384u of this title] shall take effect on July 1, 2001.”

Pub. L. 107–20, title II, § 2403(b), July 24, 2001, 115 Stat. 175, provided that: “This section [amending this section] shall be effective on October 1, 2001.”

Credits

2000–2023 · 5 acts

2000Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3621], Oct. 30, 2000, 114 Stat. 1654, 1654A–498
2001Pub. L. 107–20, title II, § 2403(a), July 24, 2001, 115 Stat. 175
2001Pub. L. 107–107, div. C, title XXXI, § 3151(a)(1), (4)(C), Dec. 28, 2001, 115 Stat. 1371, 1374
2004Pub. L. 108–375, div. C, title XXXI, §§ 3166(b)(2), 3168(a), Oct. 28, 2004, 118 Stat. 2189, 2190
2023Pub. L. 118–31, div. E, title LV, § 5501(b), Dec. 22, 2023, 137 Stat. 956.

Show as published

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3621], Oct. 30, 2000, 114 Stat. 1654, 1654A–498; Pub. L. 107–20, title II, § 2403(a), July 24, 2001, 115 Stat. 175; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(1), (4)(C), Dec. 28, 2001, 115 Stat. 1371, 1374; Pub. L. 108–375, div. C, title XXXI, §§ 3166(b)(2), 3168(a), Oct. 28, 2004, 118 Stat. 2189, 2190; Pub. L. 118–31, div. E, title LV, § 5501(b), Dec. 22, 2023, 137 Stat. 956.)