Page:United States Statutes at Large Volume 114 Part 3.djvu/543

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PUBLIC LAW 106-398 —APPENDIX 114 STAT. 1654A-501 for buildings, structures, premises, grounds, or operations covered by Executive Order No. 12344, dated February 1, 1982 (42 U.S.C. 7158 note), pertaining to the Naval Nuclear Propulsion Program); and (B) with regard to which the Department of Energy has or had— (i) a proprietary interest; or (ii) entered into a contract with an entity to provide management and operation, management and integration, environmental remediation services, construction, or maintenance services. (13) The term "established chronic beryllium disease" means chronic beryllium disease as established by the following: (A) 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— (i) a lung biopsy showing granulomas or a lymphocytic process consistent with chronic beryllium disease; (ii) a computerized axial tomography scan showing changes consistent with chronic beryllium disease; or (iii) pulmonary function or exercise testing showing pulmonary deficits consistent with chronic beryllium disease. (B) For diagnoses before January 1, 1993, the presence of— (i) occupational or environmental history, or epidemiologic evidence of beryllium exposure; and (ii) any three of the following criteria: (I) Characteristic chest radiographic (or computed tomography (CT)) abnormalities. (II) Restrictive or obstructive lung physiology testing or diffusing lung capacity defect. (III) Lung pathology consistent with chronic beryllium disease. (IV) Clinical course consistent with a chronic respiratory disorder. (V) Immunologic tests showing beryllium sensitivity (skin patch test or beryllium blood test preferred). (14) 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: (A) 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 emplo5niient— (i) was monitored through the use of dosimetry badges for exposure at the plant of the external parts of employee's body to radiation; or (ii) worked in a job that had exposures comparable to a job that is or was monitored through the use of dosimetry badges.