118 STAT. 2191 PUBLIC LAW 108–375—OCT. 28, 2004 is not distinguishable through reliable documentation from a dose covered by subparagraph (A).’’. SEC. 3169. UPDATE OF REPORT ON RESIDUAL CONTAMINATION OF FACILITIES. (a) UPDATE OF REPORT.—Not later than December 31, 2006, the Director of the National Institute for Occupational Safety and Health shall submit to Congress an update to the report required by section 3151(b) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 42 U.S.C. 7384 note). (b) ELEMENTS.—The update shall— (1) for each facility for which such report found that insuffi cient information was available to determine whether signifi cant residual contamination was present, determine whether significant residual contamination was present; (2) for each facility for which such report found that signifi cant residual contamination remained present as of the date of the report, determine the date on which such contamination ceased to be present; (3) for each facility for which such report found that signifi cant residual contamination was present but for which the Director has been unable to determine the extent to which such contamination is attributable to atomic weapons related activities, identify the specific dates of coverage attributable to such activities and, in so identifying, presume that such contamination is attributable to such activities until there is evidence of decontamination of residual contamination identi fied with atomic weapons related activities; (4) for each facility for which such report found significant residual contamination, determine whether it is at least as likely as not that such contamination could have caused an employee who was employed at such facility only during the residual contamination period to contract a cancer or beryllium illness compensable under subtitle B of the Energy Employees Occupational Illness Compensation Program Act of 2000; and (5) if new information that pertains to the report has been made available to the Director since that report was submitted, identify and describe such information. (c) PUBLICATION.—The Director shall ensure that the report referred to in subsection (a) is published in the Federal Register not later than 15 days after being released. SEC. 3170. SENSE OF CONGRESS ON RESOURCE CENTER FOR ENERGY EMPLOYEES UNDER ENERGY EMPLOYEE OCCUPATIONAL ILLNESS COMPENSATION PROGRAM IN WESTERN NEW YORK AND WESTERN PENNSYLVANIA REGION. (a) FINDINGS.—Congress makes the following findings: (1) New York has 36 current or former Department of Energy facilities involved in nuclear weapons production related activities statewide, mostly atomic weapons employer facilities, and 14 such facilities in western New York. Despite having one of the greatest concentrations of such facilities in the United States, western New York, and abutting areas of Pennsylvania, continue to be severely underserved by the Energy Employees Occupational Illness Compensation Program under the Energy Employees Occupational Illness Compensation Program Act of 2000 (title XXXVI of the Floyd D. Spence National Defense Federal Register, publication. 42 USC 7384 note.
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