I 
117TH CONGRESS 
1ST SESSION H. R. 5338 
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 
SEPTEMBER 22, 2021 
Ms. LEGER FERNANDEZ (for herself, Mr. OWENS, Mr. MCGOVERN, Mr. 
VARGAS, Ms. NORTON, Mr. HORSFORD, Mr. O’HALLERAN, Ms. TITUS, 
Mr. STANTON, Ms. LEE of California, Ms. WILD, Ms. DELBENE, Mr. 
BLUMENAUER, Ms. HERRELL, Mr. SAN NICOLAS, and Mr. KILMER) in-
troduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committees on Education and Labor, 
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 im-
prove compensation for workers involved in uranium min-
ing, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Radiation Exposure 
Compensation Act Amendments of 2021’’. 
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SEC. 2. REFERENCES. 
Except as otherwise specifically provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to or repeal of a section or other provi-
sion of law, the reference shall be considered to be made 
to a section or other provision of the Radiation Exposure 
Compensation Act (Public Law 101–426; 42 U.S.C. 2210 
note). 
SEC. 3. EXTENSION OF FUND. 
Section 3(d) is amended— 
(1) by striking the first sentence and inserting 
‘‘The Fund shall terminate 19 years after the date 
of the enactment of the Radiation Exposure Com-
pensation Act Amendments of 2021.’’; and 
(2) by striking ‘‘22-year’’ and inserting ‘‘19- 
year’’. 
SEC. 4. CLAIMS RELATING TO ATMOSPHERIC TESTING. 
(a) LEUKEMIA CLAIMS RELATING TO TRINITY TEST 
IN NEW MEXICO AND TESTS AT THE NEVADA SITE AND 
IN THE PACIFIC.—Section 4(a)(1)(A) is amended— 
(1) in clause (i)— 
(A) in subclause (I), by striking ‘‘October 
31, 1958’’ and inserting ‘‘November 6, 1962’’; 
(B) in subclause (II)— 
(i) by striking ‘‘in the affected area’’ 
and inserting ‘‘in an affected area’’; and 
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(ii) by striking ‘‘or’’ after the semi-
colon; 
(C) by redesignating subclause (III) as 
subclause (V); and 
(D) by inserting after subclause (II) the 
following: 
‘‘(III) was physically present in an af-
fected area for a period of at least 1 year 
during the period beginning on September 
24, 1944, and ending on November 6, 
1962; or 
‘‘(IV) was physically present in an af-
fected area— 
‘‘(aa) for a period of at least 1 
year during the period beginning on 
July 1, 1946, and ending on Novem-
ber 6, 1962; or 
‘‘(bb) for the period beginning on 
April 25, 1962, and ending on No-
vember 6, 1962; or’’; and 
(2) in clause (ii)(I), by striking ‘‘physical pres-
ence described in subclause (I) or (II) of clause (i) 
or onsite participation described in clause (i)(III)’’ 
and inserting ‘‘physical presence described in sub-
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clause (I), (II), (III), or (IV) of clause (i) or onsite 
participation described in clause (i)(V)’’. 
(b) AMOUNTS
FOR CLAIMS RELATED
TO LEU-
KEMIA.—Section 4(a)(1) is amended— 
(1) in subparagraph (A), by striking ‘‘an 
amount’’ and inserting ‘‘the amount’’; and 
(2) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) AMOUNT.—If the conditions de-
scribed in subparagraph (C) are met, an indi-
vidual who is described in subparagraph (A) 
shall receive $150,000.’’. 
(c) CONDITIONS
FOR CLAIMS RELATED
TO LEU-
KEMIA.—Section 4(a)(1)(C) is amended— 
(1) by striking clause (i); and 
(2) by redesignating clauses (ii) and (iii) as 
clauses (i) and (ii), respectively. 
(d) SPECIFIED DISEASES CLAIMS RELATING
TO 
TRINITY TEST IN NEW MEXICO AND TESTS AT THE NE-
VADA SITE AND IN THE PACIFIC.—Section 4(a)(2) is 
amended— 
(1) in subparagraph (A)— 
(A) by striking ‘‘in the affected area’’ and 
inserting ‘‘in an affected area’’; 
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(B) by striking ‘‘2 years’’ and inserting ‘‘1 
year’’; and 
(C) by striking ‘‘October 31, 1958’’ and 
inserting ‘‘November 6, 1962’’; 
(2) in subparagraph (B)— 
(A) by striking ‘‘in the affected area’’ and 
inserting ‘‘in an affected area’’; and 
(B) by striking ‘‘or’’ at the end; 
(3) by redesignating subparagraph (C) as sub-
paragraph (E); and 
(4) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) was physically present in an affected 
area for a period of at least 1 year during the 
period beginning on September 24, 1944, and 
ending on November 6, 1962; or 
‘‘(D) was physically present in an affected 
area— 
‘‘(i) for a period of at least 1 year 
during the period beginning on July 1, 
1946, and ending on November 6, 1962; or 
‘‘(ii) for the period beginning on April 
25, 1962, and ending on November 6, 
1962; or’’. 
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(e) AMOUNTS FOR CLAIMS RELATED TO SPECIFIED 
DISEASES.—Section 4(a)(2) is amended in the matter fol-
lowing subparagraph (E) (as redesignated by subsection 
(d) of this section) by striking ‘‘$50,000 (in the case of 
an individual described in subparagraph (A) or (B)) or 
$75,000 (in the case of an individual described in subpara-
graph (C)),’’ and inserting ‘‘$150,000’’. 
(f) MEDICAL BENEFITS.—Section 4(a) is amended 
by adding at the end the following: 
‘‘(5) MEDICAL
BENEFITS.—An individual re-
ceiving a payment under this section shall be eligible 
to receive medical benefits in the same manner and 
to the same extent as an individual eligible to receive 
medical benefits under section 3629 of the Energy 
Employees Occupational Illness Compensation Pro-
gram Act of 2000 (42 U.S.C. 7384t).’’. 
(g) DOWNWIND STATES.—Section 4(b)(1) is amend-
ed to read as follows: 
‘‘(1) ‘affected area’ means— 
‘‘(A) except as provided under subpara-
graphs (B) and (C), Arizona, Colorado, Idaho, 
Montana, Nevada, New Mexico, Utah, and 
Guam; 
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‘‘(B) with respect to a claim by an indi-
vidual under subsection (a)(1)(A)(i)(III) or sub-
section (a)(2)(C), only New Mexico; and 
‘‘(C) with respect to a claim by an indi-
vidual under subsection (a)(1)(A)(i)(IV) or sub-
section (a)(2)(D), only Guam.’’. 
(h) CHRONIC LYMPHOCYTIC LEUKEMIA AS A SPECI-
FIED DISEASE.—Section 4(b)(2) is amended by striking 
‘‘other than chronic lymphocytic leukemia’’ and inserting 
‘‘including chronic lymphocytic leukemia’’. 
SEC. 5. CLAIMS RELATING TO URANIUM MINING. 
(a) EMPLOYEES
OF MINES
AND MILLS.—Section 
5(a)(1)(A)(i) is amended— 
(1) by inserting ‘‘(I)’’ after ‘‘(i)’’; 
(2) by striking ‘‘December 31, 1971; and’’ and 
inserting ‘‘December 31, 1990; or’’; and 
(3) by adding at the end the following: 
‘‘(II) was employed as a core driller in 
a State referred to in subclause (I) during 
the period described in such subclause; 
and’’. 
(b) MINERS.—Section 5(a)(1)(A)(ii)(I) is amended 
by inserting ‘‘or renal cancer or any other chronic renal 
disease, including nephritis and kidney tubal tissue in-
jury’’ after ‘‘nonmalignant respiratory disease’’. 
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(c) MILLERS, CORE DRILLERS, AND ORE TRANS-
PORTERS.—Section 5(a)(1)(A)(ii)(II) is amended— 
(1) by inserting ‘‘, core driller,’’ after ‘‘was a 
miller’’; 
(2) by inserting ‘‘, or was involved in remedi-
ation efforts at such a uranium mine or uranium 
mill,’’ after ‘‘ore transporter’’; 
(3) by inserting ‘‘(I)’’ after ‘‘clause (i)’’; and 
(4) by striking all that follows ‘‘nonmalignant 
respiratory disease’’ and inserting ‘‘or renal cancer 
or any other chronic renal disease, including nephri-
tis and kidney tubal tissue injury; or’’. 
(d) 
COMBINED
WORK
HISTORIES.—Section 
5(a)(1)(A)(ii) is further amended— 
(1) by striking ‘‘or’’ at the end of subclause (I); 
and 
(2) by adding at the end the following: 
‘‘(III)(aa) does not meet the condi-
tions of subclause (I) or (II); 
‘‘(bb) worked, during the period de-
scribed in clause (i)(I), in two or more of 
the following positions: miner, miller, core 
driller, and ore transporter; 
‘‘(cc) meets the requirements of para-
graph (4) or (5), or both; and 
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‘‘(dd) submits written medical docu-
mentation that the individual developed 
lung cancer or a nonmalignant respiratory 
disease or renal cancer or any other chron-
ic renal disease, including nephritis and 
kidney tubal tissue injury after exposure to 
radiation through work in one or more of 
the positions referred to in item (bb);’’. 
(e) DATES OF OPERATION OF URANIUM MINE.—Sec-
tion 5(a)(2)(A) is amended by striking ‘‘December 31, 
1971’’ and inserting ‘‘December 31, 1990’’. 
(f) SPECIAL RULES RELATING TO COMBINED WORK 
HISTORIES.—Section 5(a) is amended by adding at the 
end the following: 
‘‘(4) SPECIAL RULE RELATING TO COMBINED 
WORK HISTORIES FOR INDIVIDUALS WITH AT LEAST 
ONE YEAR OF EXPERIENCE.—An individual meets 
the requirements of this paragraph if the individual 
worked in one or more of the positions referred to 
in paragraph (1)(A)(ii)(III)(bb) for a period of at 
least one year during the period described in para-
graph (1)(A)(i)(I). 
‘‘(5) SPECIAL RULE RELATING TO COMBINED 
WORK
HISTORIES
FOR
MINERS.—An individual 
meets the requirements of this paragraph if the indi-
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vidual, during the period described in paragraph 
(1)(A)(i)(I), worked as a miner and was exposed to 
such number of working level months that the Attor-
ney General determines, when combined with the ex-
posure of such individual to radiation through work 
as a miller, core driller, or ore transporter during 
the period described in paragraph (1)(A)(i)(I), re-
sults in such individual being exposed to a total level 
of radiation that is greater or equal to the level of 
exposure of an individual described in paragraph 
(4).’’. 
(g) DEFINITION OF CORE DRILLER.—Section 5(b) is 
amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(7); 
(2) by striking the period at the end of para-
graph (8) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(9) the term ‘core driller’ means any indi-
vidual employed to engage in the act or process of 
obtaining cylindrical rock samples of uranium or va-
nadium by means of a borehole drilling machine for 
the purpose of mining uranium or vanadium.’’. 
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SEC. 6. EXPANSION OF USE OF AFFIDAVITS IN DETERMINA-
TION OF CLAIMS; REGULATIONS. 
(a) AFFIDAVITS.—Section 6(b) is amended by adding 
at the end the following: 
‘‘(3) AFFIDAVITS.— 
‘‘(A) EMPLOYMENT
HISTORY.—For pur-
poses of this Act, the Attorney General shall ac-
cept a written affidavit or declaration as evi-
dence to substantiate the employment history of 
an individual as a miner, miller, core driller, or 
ore transporter if the affidavit— 
‘‘(i) is provided in addition to other 
material that may be used to substantiate 
the employment history of the individual; 
‘‘(ii) attests to the employment history 
of the individual; 
‘‘(iii) is made subject to penalty for 
perjury; and 
‘‘(iv) is made by a person other than 
the individual filing the claim. 
‘‘(B) PHYSICAL PRESENCE IN AFFECTED 
AREA.—For purposes of this Act, the Attorney 
General shall accept a written affidavit or dec-
laration as evidence to substantiate an individ-
ual’s physical presence in an affected area dur-
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(B) in subparagraph (B), by striking ‘‘sec-
tion 
4(a)(2)(C)’’ 
and 
inserting 
‘‘section 
4(a)(2)(E)’’; and 
(3) in subsection (e), by striking ‘‘subsection 
(a)(1), (a)(2)(A), or (a)(2)(B) of section 4’’ and in-
serting ‘‘subsection (a)(1), (a)(2)(A), (a)(2)(B), 
(a)(2)(C), or (a)(2)(D) of section 4’’. 
(c) REGULATIONS.— 
(1) IN GENERAL.—Section 6(k) is amended by 
adding at the end the following: ‘‘Not later than 180 
days after the date of enactment of the Radiation 
Exposure Compensation Act Amendments of 2021, 
the Attorney General shall issue revised regulations 
to carry out this Act.’’. 
(2) 
CONSIDERATIONS
IN
REVISIONS.—In 
issuing revised regulations under section 6(k) of the 
Radiation Exposure Compensation Act (Public Law 
101–426; 42 U.S.C. 2210 note), as amended under 
paragraph (1), the Attorney General shall ensure 
that procedures with respect to the submission and 
processing of claims under such Act take into ac-
count and make allowances for the law, tradition, 
and customs of Indian tribes, including by accepting 
as a record of proof of physical presence for a claim-
ant a grazing permit, a homesite lease, a record of 
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being a holder of a post office box, a letter from an 
elected leader of an Indian tribe, or a record of any 
recognized tribal association or organization. 
SEC. 7. LIMITATION ON CLAIMS. 
(a) EXTENSION OF FILING TIME.—Section 8(a) is 
amended— 
(1) by striking ‘‘22 years’’ and inserting ‘‘19 
years’’; and 
(2) by striking ‘‘2000’’ and inserting ‘‘2021’’. 
(b) RESUBMITTAL
OF CLAIMS.—Section 8(b) is 
amended to read as follows: 
‘‘(b) RESUBMITTAL OF CLAIMS.— 
‘‘(1) DENIED CLAIMS.—After the date of enact-
ment of the Radiation Exposure Compensation Act 
Amendments of 2021, any claimant who has been 
denied compensation under this Act may resubmit a 
claim for consideration by the Attorney General in 
accordance with this Act not more than three times. 
Any resubmittal made before the date of the enact-
ment of the Radiation Exposure Compensation Act 
Amendments of 2021 shall not be applied to the lim-
itation under the preceding sentence. 
‘‘(2) PREVIOUSLY SUCCESSFUL CLAIMS.— 
‘‘(A) IN GENERAL.—After the date of en-
actment of the Radiation Exposure Compensa-
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tion Act Amendments of 2021, any claimant 
who received compensation under this Act may 
submit a request to the Attorney General for 
additional compensation and benefits. Such re-
quest shall contain— 
‘‘(i) the claimant’s name, social secu-
rity number, and date of birth; 
‘‘(ii) the amount of award received 
under this Act before the date of enact-
ment of the Radiation Exposure Com-
pensation Act Amendments of 2021; 
‘‘(iii) any additional benefits and com-
pensation sought through such request; 
and 
‘‘(iv) any additional information re-
quired by the Attorney General. 
‘‘(B) ADDITIONAL COMPENSATION.—If the 
claimant received compensation under this Act 
before the date of enactment of the Radiation 
Exposure Compensation Act Amendments of 
2021 and submits a request under subpara-
graph (A), the Attorney General shall— 
‘‘(i) pay the claimant the amount that 
is equal to any excess of— 
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‘‘(I) the amount the claimant is 
eligible to receive under this Act (as 
amended by the Radiation Exposure 
Compensation Act Amendments of 
2021); minus 
‘‘(II) the aggregate amount paid 
to the claimant under this Act before 
the date of enactment of the Radi-
ation Exposure Compensation Act 
Amendments of 2021; and 
‘‘(ii) in any case in which the claimant 
was compensated under section 4, provide 
the claimant with medical benefits under 
section 4(a)(5).’’. 
SEC. 8. GRANT PROGRAM ON EPIDEMIOLOGICAL IMPACTS 
OF URANIUM MINING AND MILLING. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘institution of higher education’’ 
has the meaning given under section 101 of the 
Higher Education Act of 1965 (20 U.S.C. 1001); 
(2) the term ‘‘program’’ means the grant pro-
gram established under subsection (b); and 
(3) the term ‘‘Secretary’’ means the Secretary 
of Health and Human Services. 
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(b) ESTABLISHMENT.—The Secretary shall establish 
a grant program relating to the epidemiological impacts 
of uranium mining and milling. Grants awarded under the 
program shall be used for the study of the epidemiological 
impacts of uranium mining and milling among non-occu-
pationally exposed individuals, including family members 
of uranium miners and millers. 
(c) ADMINISTRATION.—The Secretary shall admin-
ister the program through the National Institute of Envi-
ronmental Health Sciences. 
(d) ELIGIBILITY AND APPLICATION.—Any institution 
of higher education or nonprofit private entity shall be eli-
gible to apply for a grant. To apply for a grant an eligible 
institution or entity shall submit to the Secretary an appli-
cation at such time, in such manner, and containing or 
accompanied by such information as the Secretary may 
reasonably require. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$3,000,000 for each of fiscal years 2022 through 2024. 
SEC. 9. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
COMPENSATION PROGRAM. 
(a) COVERED EMPLOYEES WITH CANCER.—Section 
3621(9) of the Energy Employees Occupational Illness 
Compensation Program Act of 2000 (42 U.S.C. 7384l(9)) 
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is amended by striking subparagraph (A) and inserting 
the following: 
‘‘(A) An individual with a specified cancer 
who is a member of the Special Exposure Co-
hort, if and only if— 
‘‘(i) that individual contracted that 
specified cancer after beginning employ-
ment at a Department of Energy facility 
(in the case of a Department of Energy 
employee or Department of Energy con-
tractor employee) or at an atomic weapons 
employer facility (in the case of an atomic 
weapons employee); or 
‘‘(ii) that individual— 
‘‘(I) contracted that specified 
cancer after beginning employment in 
a uranium mine or uranium mill de-
scribed under section 5(a)(1)(A)(i) of 
the Radiation Exposure Compensation 
Act (42 U.S.C. 2210 note) (including 
any individual who was employed in 
core drilling or the transport of ura-
nium ore or vanadium-uranium ore 
from such mine or mill) located in 
Colorado, New Mexico, Arizona, Wyo-
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ming, South Dakota, Washington, 
Utah, Idaho, North Dakota, Oregon, 
Texas, or any State the Attorney Gen-
eral makes a determination under sec-
tion 5(a)(2) of that Act for inclusion 
of eligibility under section 5(a)(1) of 
that Act; and 
‘‘(II) was employed in a uranium 
mine or uranium mill described under 
subclause (I) (including any individual 
who was employed in core drilling or 
the transport of uranium ore or vana-
dium-uranium ore from such mine or 
mill) at any time during the period 
beginning on January 1, 1942, and 
ending on December 31, 1990.’’. 
(b) MEMBERS OF SPECIAL EXPOSURE COHORT.— 
Section 3626 of the Energy Employees Occupational Ill-
ness Compensation Program Act of 2000 (42 U.S.C. 
7384q) is amended— 
(1) in subsection (a), by striking paragraph (1) 
and inserting the following: 
‘‘(1) The Advisory Board on Radiation and 
Worker Health under section 3624 shall advise the 
President whether there is a class of employees— 
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‘‘(A) at any Department of Energy facility 
who likely were exposed to radiation at that fa-
cility but for whom it is not feasible to estimate 
with sufficient accuracy the radiation dose they 
received; and 
‘‘(B) employed in a uranium mine or ura-
nium mill described under section 5(a)(1)(A)(i) 
of the Radiation Exposure Compensation Act 
(42 U.S.C. 2210 note) (including any individual 
who was employed in core drilling or the trans-
port of uranium ore or vanadium-uranium ore 
from such mine or mill) located in Colorado, 
New Mexico, Arizona, Wyoming, South Dakota, 
Washington, Utah, Idaho, North Dakota, Or-
egon, Texas, and any State the Attorney Gen-
eral makes a determination under section 
5(a)(2) of that Act for inclusion of eligibility 
under section 5(a)(1) of that Act, at any time 
during the period beginning on January 1, 
1942, and ending on December 31, 1990, who 
likely were exposed to radiation at that mine or 
mill but for whom it is not feasible to estimate 
with sufficient accuracy the radiation dose they 
received.’’; and 
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(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) DESIGNATION OF ADDITIONAL MEMBERS.— 
‘‘(1) Subject to the provisions of section 
3621(14)(C), the members of a class of employees at 
a Department of Energy facility, or at an atomic 
weapons employer facility, may be treated as mem-
bers of the Special Exposure Cohort for purposes of 
the compensation program if the President, upon 
recommendation of the Advisory Board on Radiation 
and Worker Health, determines that— 
‘‘(A) it is not feasible to estimate with suf-
ficient accuracy the radiation dose that the 
class received; and 
‘‘(B) there is a reasonable likelihood that 
such radiation dose may have endangered the 
health of members of the class. 
‘‘(2) Subject to the provisions of section 
3621(14)(C), the members of a class of employees 
employed in a uranium mine or uranium mill de-
scribed under section 5(a)(1)(A)(i) of the Radiation 
Exposure Compensation Act (42 U.S.C. 2210 note) 
(including any individual who was employed in core 
drilling or the transport of uranium ore or vana-
dium-uranium ore from such mine or mill) located in 
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Colorado, New Mexico, Arizona, Wyoming, South 
Dakota, Washington, Utah, Idaho, North Dakota, 
Oregon, Texas, and any State the Attorney General 
makes a determination under section 5(a)(2) of that 
Act for inclusion of eligibility under section 5(a)(1) 
of that Act, at any time during the period beginning 
on January 1, 1942, and ending on December 31, 
1990, may be treated as members of the Special Ex-
posure Cohort for purposes of the compensation pro-
gram if the President, upon recommendation of the 
Advisory Board on Radiation and Worker Health, 
determines that— 
‘‘(A) it is not feasible to estimate with suf-
ficient accuracy the radiation dose that the 
class received; and 
‘‘(B) there is a reasonable likelihood that 
such radiation dose may have endangered the 
health of members of the class.’’. 
Æ 
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H5338
kjohnson on DSK79L0C42PROD with BILLS