I 

115TH CONGRESS 

1ST SESSION H. R. 2049 

To amend the Radiation Exposure Compensation Act to improve compensation 

for workers involved in uranium mining, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2017 

Mr. BEN RAY LUJA ́N of New Mexico (for himself, Ms. MICHELLE LUJAN

GRISHAM of New Mexico, Mr. PEARCE, Ms. BORDALLO, Mr. 

O’HALLERAN, Ms. TITUS, Ms. DEGETTE, Mr. PERLMUTTER, Mr. 

CA ́RDENAS, Mr. SOTO, Mr. SMITH of Washington, Mr. GRIJALVA, Mr. 

MCGOVERN, Mr. HECK, Ms. JAYAPAL, Mr. GALLEGO, Ms. SINEMA, Mr. 

DEFAZIO, Mr. HASTINGS, Mr. HIGGINS of New York, Ms. JACKSON LEE, 

Ms. DELBENE, Mr. KILMER, Mr. BLUMENAUER, Mr. DOGGETT, and Mr. 

SCHRADER) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education 

and the Workforce, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Radiation Exposure Compensation Act to improve compensation for workers involved in uranium mining, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Radiation Exposure 

5 Compensation Act Amendments of 2017’’. 


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1 SEC. 2. REFERENCES. 

2 Except as otherwise specifically provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to or repeal of a section or other provi5 sion of law, the reference shall be considered to be made 

6 to a section or other provision of the Radiation Exposure 

7 Compensation Act (Public Law 101–426; 42 U.S.C. 2210 

8 note). 

9 SEC. 3. EXTENSION OF FUND. 

10 Section 3(d) is amended— 

11 (1) by striking the first sentence and inserting 

12 ‘‘The Fund shall terminate 19 years after the date 

13 of the enactment of the Radiation Exposure Com14 pensation Act Amendments of 2017.’’; and 

15 (2) by striking ‘‘22-year’’ and inserting ‘‘19- 

16 year’’. 

17 SEC. 4. CLAIMS RELATING TO ATMOSPHERIC TESTING. 

18 (a) LEUKEMIA CLAIMS RELATING TO TRINITY TEST

19 IN NEW MEXICO AND TESTS IN THE PACIFIC.—Section 

20 4(a)(1)(A) is amended— 

21 (1) in clause (i)— 

22 (A) in subclause (II)— 

23 (i) by striking ‘‘in the affected area’’ 

24 and inserting ‘‘in an affected area’’; and 

25 (ii) by striking ‘‘or’’ after the semi26 colon; 


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1 (B) by redesignating subclause (III) as 

2 subclause (V); and 

3 (C) by inserting after subclause (II) the 

4 following: 

5 ‘‘(III) was physically present in an af6 fected area for the period beginning on 

7 June 30, 1945, and ending on July 31, 

8 1945; or 

9 ‘‘(IV) was physically present in an af10 fected area— 

11 ‘‘(aa) for a period of at least 1 

12 year during the period beginning on 

13 June 30, 1946, and ending on August 

14 19, 1958; or 

15 ‘‘(bb) for the period beginning on 

16 April 25, 1962, and ending on No17 vember 5, 1962; or’’; and 

18 (2) in clause (ii)(I), by striking ‘‘physical pres19 ence described in subclause (I) or (II) of clause (i) 

20 or onsite participation described in clause (i)(III)’’ 

21 and inserting ‘‘physical presence described in sub22 clause (I), (II), (III), or (IV) of clause (i) or onsite 

23 participation described in clause (i)(V)’’. 

24 (b) AMOUNTS FOR CLAIMS RELATED TO LEU25 KEMIA.—Section 4(a)(1) is amended— 


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1 (1) in subparagraph (A) by striking ‘‘an 

2 amount’’ and inserting ‘‘the amount’’; and 

3 (2) by striking subparagraph (B) and inserting 

4 the following: 

5 ‘‘(B) AMOUNT.—If the conditions de6 scribed in subparagraph (C) are met, an indi7 vidual who is described in subparagraph (A)(i) 

8 shall receive $150,000.’’. 

9 (c) SPECIFIED DISEASES CLAIMS RELATING TO

10 TRINITY TEST IN NEW MEXICO AND TESTS IN THE PA11 CIFIC.—Section 4(a)(2) is amended— 

12 (1) in subparagraph (A), by striking ‘‘in the af13 fected area’’ and inserting ‘‘in an affected area’’; 

14 (2) in subparagraph (B)— 

15 (A) by striking ‘‘in the affected area’’ and 

16 inserting ‘‘in an affected area’’; and 

17 (B) by striking ‘‘or’’ at the end; 

18 (3) by redesignating subparagraph (C) as sub19 paragraph (E); and 

20 (4) by inserting after subparagraph (B) the fol21 lowing: 

22 ‘‘(C) was physically present in an affected 

23 area for the period beginning on June 30, 

24 1945, and ending on July 31, 1945; 


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1 ‘‘(D) was physically present in an affected 

2 area— 

3 ‘‘(i) for a period of at least 2 years 

4 during the period beginning on June 30, 

5 1946, and ending on August 19, 1958; or 

6 ‘‘(ii) for the period beginning on April 

7 25, 1962, and ending on November 5, 

8 1962; or’’. 

9 (d) CLAIMS RELATED TO RADIATION EXPOSURE

10 DURING CLEANUP OF ENEWETAK ATOLL.—Subpara11 graph (E) of section 4(a)(2) (as redesignated by sub12 section (c) of this section) is amended by striking ‘‘a test 

13 involving the atmospheric detonation of a nuclear device,’’ 

14 and inserting the following: 

15 ‘‘(i) a test involving the atmospheric 

16 detonation of a nuclear device, or 

17 ‘‘(ii) the cleanup of Enewetak Atoll 

18 during the period beginning on January 1, 

19 1977, and ending on December 31, 

20 1980,’’. 

21 (e) AMOUNTS FOR CLAIMS RELATED TO SPECIFIED

22 DISEASES.—Section 4(a)(2) is amended in the matter fol23 lowing subparagraph (E) (as redesignated by subsection 

24 (c) of this section) by striking ‘‘$50,000 (in the case of 

25 an individual described in subparagraph (A) or (B)) or 


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1 $75,000 (in the case of an individual described in subpara2 graph (C)),’’ and inserting ‘‘$150,000’’. 

3 (f) MEDICAL BENEFITS.—Section 4(a) is amended 

4 by adding at the end the following: 

5 ‘‘(5) MEDICAL BENEFITS.—An individual re6 ceiving a payment under this section shall be eligible 

7 to receive medical benefits in the same manner and 

8 to the same extent as an individual eligible to receive 

9 medical benefits under section 3629 of the Energy 

10 Employees Occupational Illness Compensation Pro11 gram Act of 2000 (42 U.S.C. 7384t).’’. 

12 (g) DOWNWIND STATES.—Section 4(b)(1) is amend13 ed to read as follows: 

14 ‘‘(1) ‘affected area’ means— 

15 ‘‘(A) except as provided under subpara16 graphs (B) and (C), Arizona, Colorado, Idaho, 

17 Montana, Nevada, New Mexico, and Utah; 

18 ‘‘(B) with respect to a claim by an indi19 vidual under subsection (a)(1)(A)(i)(III) or 

20 (a)(2)(C), only New Mexico; and 

21 ‘‘(C) with respect to a claim by an indi22 vidual under subsection (a)(1)(A)(i)(IV) or 

23 (a)(2)(D), only Guam.’’. 


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1 SEC. 5. CLAIMS RELATING TO URANIUM MINING. 

2 (a) EMPLOYEES OF MINES AND MILLS.—Section 

3 5(a)(1)(A)(i) is amended— 

4 (1) by inserting ‘‘(I)’’ after ‘‘(i)’’; 

5 (2) by striking ‘‘December 31, 1971; and’’ and 

6 inserting ‘‘December 31, 1990; or’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(II) was employed as a core driller in 

9 a State referred to in subclause (I) during 

10 the period described in such subclause; 

11 and’’. 

12 (b) MINERS.—Section 5(a)(1)(A)(ii)(I) is amended 

13 by inserting ‘‘or renal cancer or any other chronic renal 

14 disease, including nephritis and kidney tubal tissue in15 jury’’ after ‘‘nonmalignant respiratory disease’’. 

16 (c) MILLERS, CORE DRILLERS, AND ORE TRANS17 PORTERS.—Section 5(a)(1)(A)(ii)(II) is amended— 

18 (1) by inserting ‘‘, core driller,’’ after ‘‘was a 

19 miller’’; 

20 (2) by inserting ‘‘(I)’’ after ‘‘clause (i)’’; and 

21 (3) by striking all that follows ‘‘nonmalignant 

22 respiratory disease’’ and inserting ‘‘or renal cancer 

23 or any other chronic renal disease, including nephri24 tis and kidney tubal tissue injury; or’’. 

25 (d) COMBINED WORK HISTORIES.—Section 

26 5(a)(1)(A)(ii) is further amended— 


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1 (1) by striking ‘‘or’’ at the end of subclause (I); 

2 and 

3 (2) by adding at the end the following: 

4 ‘‘(III)(aa) does not meet the condi5 tions of subclause (I) or (II); 

6 ‘‘(bb) worked, during the period de7 scribed in clause (i)(I), in two or more of 

8 the following positions: miner, miller, core 

9 driller, and ore transporter; 

10 ‘‘(cc) meets the requirements of para11 graph (4) or (5), or both; and 

12 ‘‘(dd) submits written medical docu13 mentation that the individual developed 

14 lung cancer or a nonmalignant respiratory 

15 disease or renal cancer or any other chron16 ic renal disease, including nephritis and 

17 kidney tubal tissue injury after exposure to 

18 radiation through work in one or more of 

19 the positions referred to in item (bb);’’. 

20 (e) DATES OF OPERATION OF URANIUM MINE.—Sec21 tion 5(a)(2)(A) is amended by striking ‘‘December 31, 

22 1971’’ and inserting ‘‘December 31, 1990’’. 

23 (f) SPECIAL RULES RELATING TO COMBINED WORK

24 HISTORIES.—Section 5(a) is amended by adding at the 

25 end the following: 


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1 ‘‘(4) SPECIAL RULE RELATING TO COMBINED

2 WORK HISTORIES FOR INDIVIDUALS WITH AT LEAST

3 ONE YEAR OF EXPERIENCE.—An individual meets 

4 the requirements of this paragraph if the individual 

5 worked in one or more of the positions referred to 

6 in paragraph (1)(A)(ii)(III)(bb) for a period of at 

7 least one year during the period described in para8 graph (1)(A)(i)(I). 

9 ‘‘(5) SPECIAL RULE RELATING TO COMBINED

10 WORK HISTORIES FOR MINERS.—An individual 

11 meets the requirements of this paragraph if the indi12 vidual, during the period described in paragraph 

13 (1)(A)(i)(I), worked as a miner and was exposed to 

14 such number of working level months of radiation 

15 that the Attorney General determines, when com16 bined with the exposure of such individual to radi17 ation through work as a miller, core driller, or ore 

18 transporter during the period described in paragraph 

19 (1)(A)(i)(I), results in such individual being exposed 

20 to a total level of radiation that is greater or equal 

21 to the level of exposure of an individual described in 

22 paragraph (4).’’. 

23 (g) DEFINITION OF CORE DRILLER.—Section 5(b) is 

24 amended— 


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1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (7); 

3 (2) by striking the period at the end of para4 graph (8) and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(9) the term ‘core driller’ means any indi7 vidual employed to engage in the act or process of 

8 obtaining cylindrical rock samples of uranium or va9 nadium by means of a borehole drilling machine for 

10 the purpose of mining uranium or vanadium.’’. 

11 SEC. 6. EXPANSION OF USE OF AFFIDAVITS IN DETERMINA12 TION OF CLAIMS; REGULATIONS. 

13 (a) AFFIDAVITS.—Section 6(b) is amended by adding 

14 at the end the following: 

15 ‘‘(3) AFFIDAVITS.— 

16 ‘‘(A) EMPLOYMENT HISTORY.—For pur17 poses of this Act, the Attorney General shall ac18 cept a written affidavit or declaration as evi19 dence to substantiate the employment history of 

20 an individual as a miner, miller, core driller, or 

21 ore transporter if the affidavit— 

22 ‘‘(i) is provided in addition to other 

23 material that may be used to substantiate 

24 the employment history of the individual; 


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1 ‘‘(ii) attests to the employment history 

2 of the individual; 

3 ‘‘(iii) is made subject to penalty for 

4 perjury; and 

5 ‘‘(iv) is made by a person other than 

6 the individual filing the claim. 

7 ‘‘(B) PHYSICAL PRESENCE IN AFFECTED

8 AREA.—For purposes of this Act, the Attorney 

9 General shall accept a written affidavit or dec10 laration as evidence to substantiate an individ11 ual’s physical presence in an affected area dur12 ing a period described in section 4(a)(1)(A)(i) 

13 or section 4(a)(2) if the affidavit— 

14 ‘‘(i) is provided in addition to other 

15 material that may be used to substantiate 

16 the individual’s presence in an affected 

17 area during that time period; 

18 ‘‘(ii) attests to the individual’s pres19 ence in an affected area during that pe20 riod; 

21 ‘‘(iii) is made subject to penalty for 

22 perjury; and 

23 ‘‘(iv) is made by a person other than 

24 the individual filing the claim. 


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1 ‘‘(C) PARTICIPATION AT TESTING SITE.— 

2 For purposes of this Act, the Attorney General 

3 shall accept a written affidavit or declaration as 

4 evidence to substantiate an individual’s partici5 pation onsite in a test involving the atmospheric 

6 detonation of a nuclear device if the affidavit— 

7 ‘‘(i) is provided in addition to other 

8 material that may be used to substantiate 

9 the individual’s participation onsite in a 

10 test involving the atmospheric detonation 

11 of a nuclear device; 

12 ‘‘(ii) attests to the individual’s partici13 pation onsite in a test involving the atmos14 pheric detonation of a nuclear device; 

15 ‘‘(iii) is made subject to penalty for 

16 perjury; and 

17 ‘‘(iv) is made by a person other than 

18 the individual filing the claim. 

19 ‘‘(D) PARTICIPATION IN CLEANUP.—For 

20 purposes of this Act, the Attorney General shall 

21 accept a written affidavit or declaration as evi22 dence to substantiate an individual’s participa23 tion onsite in the cleanup of Enewetak Atoll 

24 during the period beginning on January 1, 


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1 1977, and ending on December 31, 1980, if the 

2 affidavit— 

3 ‘‘(i) is provided in addition to other 

4 material that may be used to substantiate 

5 the individual’s participation onsite in the 

6 cleanup of Enewetak Atoll during such pe7 riod; 

8 ‘‘(ii) attests to the individual’s partici9 pation onsite in the cleanup of Enewetak 

10 Atoll during such period; 

11 ‘‘(iii) is made subject to penalty for 

12 perjury; and 

13 ‘‘(iv) is made by a person other than 

14 the individual filing the claim.’’. 

15 (b) GUIDELINES FOR ONSITE PARTICIPATION IN

16 CLEANUP OF ENEWETAK ATOLL.—Subparagraph (C) of 

17 section 6(b)(2) is amended by striking ‘‘under section 

18 4(a)(2)(C)’’ and inserting ‘‘, or in the cleanup of 

19 Enewetak Atoll, under section 4(a)(2)(E)’’. 

20 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

21 Section 6 is amended— 

22 (1) in subsection (c)(2)— 

23 (A) in subparagraph (A)— 

24 (i) in the first sentence, by striking 

25 ‘‘subsection (a)(1), (a)(2)(A), or (a)(2)(B) 


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1 of section 4’’ and inserting ‘‘subsection 

2 (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or 

3 (a)(2)(D) of section 4’’; and 

4 (ii) in clause (i), by striking ‘‘sub5 section (a)(1), (a)(2)(A), or (a)(2)(B) of 

6 section 4’’ and inserting ‘‘subsection 

7 (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or 

8 (a)(2)(D) of section 4’’; and 

9 (B) in subparagraph (B), by striking ‘‘sec10 tion 4(a)(2)(C)’’ and inserting ‘‘section 

11 4(a)(2)(E)’’; 

12 (C) by adding ‘‘or in the cleanup of 

13 Enewetak Atoll’’ after ‘‘detonation of a nuclear 

14 device’’; and 

15 (2) in subsection (e)— 

16 (A) by striking ‘‘subsection (a)(1), 

17 (a)(2)(A), or (a)(2)(B) of section 4’’ and insert18 ing ‘‘subsection (a)(1), (a)(2)(A), (a)(2)(B), 

19 (a)(2)(C), or (a)(2)(D) of section 4’’; and 

20 (B) by inserting ‘‘or in the cleanup of 

21 Enewetak Atoll’’ after ‘‘detonation of a nuclear 

22 device’’. 

23 (d) REGULATIONS.—Section 6(k) is amended by add24 ing at the end the following: ‘‘Not later than 180 days 

25 after the date of enactment of the Radiation Exposure 


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1 Compensation Act Amendments of 2017, the Attorney 

2 General shall issue revised regulations to carry out this 

3 Act.’’. 

4 SEC. 7. LIMITATION ON CLAIMS. 

5 (a) EXTENSION OF FILING TIME.—Section 8(a) is 

6 amended— 

7 (1) by striking ‘‘22 years’’ and inserting ‘‘19 

8 years’’; and 

9 (2) by striking ‘‘2000’’ and inserting ‘‘2017’’. 

10 (b) RESUBMITTAL OF CLAIMS.—Section 8(b) is 

11 amended to read as follows: 

12 ‘‘(b) RESUBMITTAL OF CLAIMS.— 

13 ‘‘(1) DENIED CLAIMS.—After the date of enact14 ment of the Radiation Exposure Compensation Act 

15 Amendments of 2017, any claimant who has been 

16 denied compensation under this Act may resubmit a 

17 claim for consideration by the Attorney General in 

18 accordance with this Act not more than three times. 

19 Any resubmittal made before the date of the enact20 ment of the Radiation Exposure Compensation Act 

21 Amendments of 2017 shall not be applied to the lim22 itation under the preceding sentence. 

23 ‘‘(2) PREVIOUSLY SUCCESSFUL CLAIMS.— 

24 ‘‘(A) IN GENERAL.—After the date of en25 actment of the Radiation Exposure CompensaVerDate Sep 11 2014 04:24 Apr 14, 2017 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2049.IH H2049

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1 tion Act Amendments of 2017, any claimant 

2 who received compensation under this Act may 

3 submit a request to the Attorney General for 

4 additional compensation and benefits. Such re5 quest shall contain— 

6 ‘‘(i) the claimant’s name, social secu7 rity number, and date of birth; 

8 ‘‘(ii) the amount of award received 

9 under this Act before the date of enact10 ment of the Radiation Exposure Com11 pensation Act Amendments of 2017; 

12 ‘‘(iii) any additional benefits and com13 pensation sought through such request; 

14 and 

15 ‘‘(iv) any additional information re16 quired by the Attorney General. 

17 ‘‘(B) ADDITIONAL COMPENSATION.—If the 

18 claimant received compensation under this Act 

19 before the date of enactment of the Radiation 

20 Exposure Compensation Act Amendments of 

21 2017 and submits a request under subpara22 graph (A), the Attorney General shall— 

23 ‘‘(i) pay the claimant the amount that 

24 is equal to any excess of— 


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1 ‘‘(I) the amount the claimant is 

2 eligible to receive under this Act (as 

3 amended by the Radiation Exposure 

4 Compensation Act Amendments of 

5 2017); minus 

6 ‘‘(II) the aggregate amount paid 

7 to the claimant under this Act before 

8 the date of enactment of the Radi9 ation Exposure Compensation Act 

10 Amendments of 2017; and 

11 ‘‘(ii) in any case in which the claimant 

12 was compensated under section 4, provide 

13 the claimant with medical benefits under 

14 section 4(a)(5).’’. 

15 SEC. 8. ATTORNEYS FEES. 

16 Section 9(b)(1) is amended by striking ‘‘2 percent’’ 

17 and inserting ‘‘10 percent’’. 

18 SEC. 9. GRANT PROGRAM ON EPIDEMIOLOGICAL IMPACTS 

19 OF URANIUM MINING AND MILLING. 

20 (a) DEFINITIONS.—In this section— 

21 (1) the term ‘‘institution of higher education’’ 

22 has the meaning given under section 101 of the 

23 Higher Education Act of 1965 (20 U.S.C. 1001); 

24 (2) the term ‘‘program’’ means the grant pro25 gram established under subsection (b); and 


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1 (3) the term ‘‘Secretary’’ means the Secretary 

2 of Health and Human Services. 

3 (b) ESTABLISHMENT.—The Secretary shall establish 

4 a grant program relating to the epidemiological impacts 

5 of uranium mining and milling. Grants awarded under the 

6 program shall be used for the study of the epidemiological 

7 impacts of uranium mining and milling among non-occu8 pationally exposed individuals, including family members 

9 of uranium miners and millers. 

10 (c) ADMINISTRATION.—The Secretary shall admin11 ister the program through the National Institute of Envi12 ronmental Health Sciences. 

13 (d) ELIGIBILITY AND APPLICATION.—Any institution 

14 of higher education or nonprofit private entity shall be eli15 gible to apply for a grant. To apply for a grant an eligible 

16 institution or entity shall submit to the Secretary an appli17 cation at such time, in such manner, and containing or 

18 accompanied by such information as the Secretary may 

19 reasonably require. 

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this section 

22 $3,000,000 for each of fiscal years 2017 through 2021. 


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1 SEC. 10. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 

2 COMPENSATION PROGRAM. 

3 (a) COVERED EMPLOYEES WITH CANCER.—Section 

4 3621(9) of the Energy Employees Occupational Illness 

5 Compensation Program Act of 2000 (42 U.S.C. 7384l(9)) 

6 is amended by striking subparagraph (A) and inserting 

7 the following: 

8 ‘‘(A) An individual with a specified cancer 

9 who is a member of the Special Exposure Co10 hort, if and only if— 

11 ‘‘(i) that individual contracted that 

12 specified cancer after beginning employ13 ment at a Department of Energy facility 

14 (in the case of a Department of Energy 

15 employee or Department of Energy con16 tractor employee) or at an atomic weapons 

17 employer facility (in the case of an atomic 

18 weapons employee); or 

19 ‘‘(ii) that individual— 

20 ‘‘(I) contracted that specified 

21 cancer after beginning employment in 

22 a uranium mine or uranium mill de23 scribed under section 5(a)(1)(A)(i) of 

24 the Radiation Exposure Compensation 

25 Act (42 U.S.C. 2210 note) (including 

26 any individual who was employed in 


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1 core drilling or the transport of ura2 nium ore or vanadium-uranium ore 

3 from such mine or mill) located in 

4 Colorado, New Mexico, Arizona, Wyo5 ming, South Dakota, Washington, 

6 Utah, Idaho, North Dakota, Oregon, 

7 Texas, or any State the Attorney Gen8 eral makes a determination under sec9 tion 5(a)(2) of that Act for inclusion 

10 of eligibility under section 5(a)(1) of 

11 that Act; and 

12 ‘‘(II) was employed in a uranium 

13 mine or uranium mill described under 

14 subclause (I) (including any individual 

15 who was employed in core drilling or 

16 the transport of uranium ore or vana17 dium-uranium ore from such mine or 

18 mill) at any time during the period 

19 beginning on January 1, 1942, and 

20 ending on December 31, 1990.’’. 

21 (b) MEMBERS OF SPECIAL EXPOSURE COHORT.— 

22 Section 3626 of the Energy Employees Occupational Ill23 ness Compensation Program Act of 2000 (42 U.S.C. 

24 7384q) is amended— 


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1 (1) in subsection (a), by striking paragraph (1) 

2 and inserting the following: 

3 ‘‘(1) The Advisory Board on Radiation and 

4 Worker Health under section 3624 shall advise the 

5 President whether there is a class of employees— 

6 ‘‘(A) at any Department of Energy facility 

7 who likely were exposed to radiation at that fa8 cility but for whom it is not feasible to estimate 

9 with sufficient accuracy the radiation dose they 

10 received; or 

11 ‘‘(B) employed in a uranium mine or ura12 nium mill described under section 5(a)(1)(A)(i) 

13 of the Radiation Exposure Compensation Act 

14 (42 U.S.C. 2210 note) (including any individual 

15 who was employed in core drilling or the trans16 port of uranium ore or vanadium-uranium ore 

17 from such mine or mill) located in Colorado, 

18 New Mexico, Arizona, Wyoming, South Dakota, 

19 Washington, Utah, Idaho, North Dakota, Or20 egon, Texas, and any State the Attorney Gen21 eral makes a determination under section 

22 5(a)(2) of that Act for inclusion of eligibility 

23 under section 5(a)(1) of that Act, at any time 

24 during the period beginning on January 1, 

25 1942, and ending on December 31, 1990, who 


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1 likely were exposed to radiation at that mine or 

2 mill but for whom it is not feasible to estimate 

3 with sufficient accuracy the radiation dose they 

4 received.’’; and 

5 (2) by striking subsection (b) and inserting the 

6 following: 

7 ‘‘(b) DESIGNATION OF ADDITIONAL MEMBERS.— 

8 ‘‘(1) Subject to the provisions of section 

9 3621(14)(C), the members of a class of employees at 

10 a Department of Energy facility, or at an atomic 

11 weapons employer facility, may be treated as mem12 bers of the Special Exposure Cohort for purposes of 

13 the compensation program if the President, upon 

14 recommendation of the Advisory Board on Radiation 

15 and Worker Health, determines that— 

16 ‘‘(A) it is not feasible to estimate with suf17 ficient accuracy the radiation dose that the 

18 class received; and 

19 ‘‘(B) there is a reasonable likelihood that 

20 such radiation dose may have endangered the 

21 health of members of the class. 

22 ‘‘(2) Subject to the provisions of section 

23 3621(14)(C), the members of a class of employees 

24 employed in a uranium mine or uranium mill de25 scribed under section 5(a)(1)(A)(i) of the Radiation 


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1 Exposure Compensation Act (42 U.S.C. 2210 note) 

2 (including any individual who was employed in core 

3 drilling or the transport of uranium ore or vana4 dium-uranium ore from such mine or mill) located in 

5 Colorado, New Mexico, Arizona, Wyoming, South 

6 Dakota, Washington, Utah, Idaho, North Dakota, 

7 Oregon, Texas, and any State the Attorney General 

8 makes a determination under section 5(a)(2) of that 

9 Act for inclusion of eligibility under section 5(a)(1) 

10 of that Act, at any time during the period beginning 

11 on January 1, 1942, and ending on December 31, 

12 1990, may be treated as members of the Special Ex13 posure Cohort for purposes of the compensation pro14 gram if the President, upon recommendation of the 

15 Advisory Board on Radiation and Worker Health, 

16 determines that— 

17 ‘‘(A) it is not feasible to estimate with suf18 ficient accuracy the radiation dose that the 

19 class received; and 

20 ‘‘(B) there is a reasonable likelihood that 

21 such radiation dose may have endangered the 

22 health of members of the class.’’. 

Æ 


lotter on DSK5VPTVN1PROD with BILLS