S.Amdt. 1458

1. Adds SEC. 3114. COMPENSATION OF ENERGY EMPLOYEES EXPOSED TO RESIDUAL BERYLLIUM CONTAMINATION on page 378, between lines 10 and 11

   Adds a sectionPrinted page

   Inserted: SEC. 3114. COMPENSATION OF ENERGY EMPLOYEES EXPOSED TO RESIDUAL BERYLLIUM CONTAMINATION.

   Inserted: (a) Amendments to Energy Employees Occupational Illness Program.--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)) is amended as follows:

   Inserted: (1) Employees covered under program.--Section 3621(7)(C) (42 U.S.C. 7384l(7)(C)) is amended by striking "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" and inserting the following: "during a period when--

   Inserted: "(i) the vendor was engaged in activities related to the production or processing of beryllium for sale to, or use by, the Department of Energy; or

   Inserted: "(ii) there existed a potential for significant residual beryllium contamination at a facility after the vendor ceased to be engaged in such activities, according to the Report on Residual Radioactive Contamination and Beryllium Contamination at Atomic Weapons Employer Facilities and Beryllium Vendors, published by the National Institute for Occupational Safety and Health in October 2003, or any update of such report, including updates required under section 3169 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 42 U.S.C. 7384 note).".

   Inserted: (2) Determination of beryllium exposure.--Section 3623(a) (42 U.S.C. 7384n(a)) is amended--

   Inserted: (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

   Inserted: (B) by striking "A covered beryllium employee" and inserting "(1) A covered beryllium employee";

   Inserted: (C) by inserting after "such facility" the following: "or significant residual beryllium remained after the termination at such facility of activities related to the production or processing of beryllium"; and

   Inserted: (D) by adding at the end the following new paragraph:

   Inserted: "(2) A covered beryllium employee exposed to residual beryllium while present in a facility that engaged in activities related to the production or processing of beryllium for sale to, or use by, the Department of Energy and one or more other entities shall be determined to have been exposed to beryllium in the performance of duty for the purposes of the compensation program regardless of whether the source of such exposure can be distinguished through reliable documentation.".

   Inserted: (3) Requirement to expand list of beryllium vendors.--Section 3622 (42 U.S.C. 7384m) is amended by striking "Not later than December 31, 2002, the President may" and inserting "Not later than December 31, 2005, and annually thereafter until December 31, 2008, the President shall".

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   Inserted: (b) Updates of Reports on Residual Contamination.--

   Inserted: (1) Updates required.--Subsection (a) of section 3169 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2191; 42 U.S.C. 7384 note) is amended to read as follows:

   Inserted: "(a) Updates of Report.--Not later than 14 days after a residual beryllium report is completed for a facility and the Director of the National Institute for Occupational Safety and Health completes an internal review of such report, the Director 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) that includes with respect to such facility the applicable elements described in subsection (b).".

   Inserted: (2) Conforming amendments.--Such section is further amended--

   Inserted: (A) in subsection (b), by striking "The update" and inserting "Each update submitted under subsection (a)";

   Inserted: (B) in subsection (c), by striking "the report" and inserting "each report"; and

   Inserted: (C) in the heading, by striking "update" and inserting "updates".

   Original wording

   On page 378, between lines 10 and 11, insert the following:

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As printed