I
118THCONGRESS
1
STSESSION H. R. 4426
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
JUNE30, 2023
Ms. L
EGERFERNANDEZ(for herself, Mr. MOYLAN, Ms. BARRAGA´N, Ms.
B
LUNTROCHESTER, Mr. CARSON, Ms. CHU, Mr. GARAMENDI, Mr. GRI-
JALVA, Mr. JOHNSONof Georgia, Mr. KILMER, Ms. LEEof California,
Ms. L
OFGREN, Mrs. MCBATH, Ms. OMAR, Ms. PETTERSEN, Ms. ROSS,
Ms. S
CANLON, Mr. SMITHof Washington, Ms. STANSBURY, Mr. STAN-
TON, Mr. TAKANO, Ms. TITUS, Ms. TLAIB, Mr. TONKO, Mr. WEBERof
Texas, Ms. W
ILLIAMSof Georgia, Mr. VASQUEZ, and Mr. FULCHER) in-
troduced the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committees on Energy and Commerce,
and Education and the Workforce, for a period to be subsequently deter-
mined 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-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Radiation Exposure 4
Compensation Act Amendments of 2023’’. 5
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SEC. 2. REFERENCES. 1
Except as otherwise specifically provided, whenever in 2
this Act an amendment or repeal is expressed in terms 3
of an amendment to or repeal of a section or other provi-4
sion of law, the reference shall be considered to be made 5
to a section or other provision of the Radiation Exposure 6
Compensation Act (Public Law 101–426; 42 U.S.C. 2210 7
note). 8
SEC. 3. EXTENSION OF FUND. 9
Section 3(d) is amended— 10
(1) by striking the first sentence and inserting 11
‘‘The Fund shall terminate 19 years after the date 12
of the enactment of the Radiation Exposure Com-13
pensation Act Amendments of 2023.’’; and 14
(2) by striking ‘‘2-year’’ and inserting ‘‘19- 15
year’’. 16
SEC. 4. CLAIMS RELATING TO ATMOSPHERIC TESTING. 17
(a) L
EUKEMIACLAIMSRELATING TOTRINITYTEST 18
INNEWMEXICO ANDTESTS AT THENEVADASITE AND 19
IN THEPACIFIC.—Section 4(a)(1)(A) is amended— 20
(1) in clause (i)— 21
(A) in subclause (I), by striking ‘‘October 22
31, 1958’’ and inserting ‘‘November 6, 1962’’; 23
(B) in subclause (II)— 24
(i) by striking ‘‘in the affected area’’ 25
and inserting ‘‘in an affected area’’; and 26
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(ii) by striking ‘‘or’’ after the semi-1
colon; 2
(C) by redesignating subclause (III) as 3
subclause (V); and 4
(D) by inserting after subclause (II) the 5
following: 6
‘‘(III) was physically present in an af-7
fected area for a period of at least 1 year 8
during the period beginning on September 9
24, 1944, and ending on November 6, 10
1962; 11
‘‘(IV) was physically present in an af-12
fected area— 13
‘‘(aa) for a period of at least 1 14
year during the period beginning on 15
July 1, 1946, and ending on Novem-16
ber 6, 1962; or 17
‘‘(bb) for the period beginning on 18
April 25, 1962, and ending on No-19
vember 6, 1962; or’’; and 20
(2) in clause (ii)(I), by striking ‘‘physical pres-21
ence described in subclause (I) or (II) of clause (i) 22
or onsite participation described in clause (i)(III)’’ 23
and inserting ‘‘physical presence described in sub-24
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clause (I), (II), (III), or (IV) of clause (i) or onsite 1
participation described in clause (i)(V)’’. 2
(b) A
MOUNTS FOR CLAIMSRELATED TO LEU-3
KEMIA.—Section 4(a)(1) is amended— 4
(1) in subparagraph (A), by striking ‘‘an 5
amount’’ and inserting ‘‘the amount’’; and 6
(2) by striking subparagraph (B) and inserting 7
the following: 8
‘‘(B) A
MOUNT.—If the conditions de-9
scribed in subparagraph (C) are met, an indi-10
vidual who is described in subparagraph (A) 11
shall receive $150,000.’’. 12
(c) C
ONDITIONS FOR CLAIMSRELATED TO LEU-13
KEMIA.—Section 4(a)(1)(C) is amended— 14
(1) by striking clause (i); and 15
(2) by redesignating clauses (ii) and (iii) as 16
clauses (i) and (ii), respectively. 17
(d) S
PECIFIEDDISEASESCLAIMSRELATING TO 18
T
RINITYTEST INNEWMEXICO ANDTESTS AT THENE-19
VADASITE AND IN THE PACIFIC.—Section 4(a)(2) is 20
amended— 21
(1) in subparagraph (A)— 22
(A) by striking ‘‘in the affected area’’ and 23
inserting ‘‘in an affected area’’; 24
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(B) by striking ‘‘2 years’’ and inserting ‘‘1 1
year’’; and 2
(C) by striking ‘‘October 31, 1958’’ and 3
inserting ‘‘November 6, 1962’’; 4
(2) in subparagraph (B)— 5
(A) by striking ‘‘in the affected area’’ and 6
inserting ‘‘in an affected area’’; and 7
(B) by striking ‘‘or’’ at the end; 8
(3) by redesignating subparagraph (C) as sub-9
paragraph (E); and 10
(4) by inserting after subparagraph (B) the fol-11
lowing: 12
‘‘(C) was physically present in an affected 13
area for a period of at least 1 year during the 14
period beginning on September 24, 1944, and 15
ending on November 6, 1962; 16
‘‘(D) was physically present in an affected 17
area— 18
‘‘(i) for a period of at least 1 year 19
during the period beginning on July 1, 20
1946, and ending on November 6, 1962; or 21
‘‘(ii) for the period beginning on April 22
25, 1962, and ending on November 6, 23
1962; or’’. 24
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(e) AMOUNTS FORCLAIMSRELATED TOSPECIFIED 1
D
ISEASES.—Section 4(a)(2) is amended in the matter fol-2
lowing subparagraph (E) (as redesignated by subsection 3
(d) of this section) by striking ‘‘$50,000 (in the case of 4
an individual described in subparagraph (A) or (B)) or 5
$75,000 (in the case of an individual described in subpara-6
graph (C)),’’ and inserting ‘‘$150,000’’. 7
(f) M
EDICALBENEFITS.—Section 4(a) is amended 8
by adding at the end the following: 9
‘‘(5) M
EDICAL BENEFITS.—An individual re-10
ceiving a payment under this section shall be eligible 11
to receive medical benefits in the same manner and 12
to the same extent as an individual eligible to receive 13
medical benefits under section 3629 of the Energy 14
Employees Occupational Illness Compensation Pro-15
gram Act of 2000 (42 U.S.C. 7384t).’’. 16
(g) D
OWNWINDSTATES.—Section 4(b)(1) is amend-17
ed to read as follows: 18
‘‘(1) ‘affected area’ means— 19
‘‘(A) except as provided under subpara-20
graphs (B) and (C), Arizona, Colorado, Idaho, 21
Montana, Nevada, New Mexico, Utah, and 22
Guam; 23
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‘‘(B) with respect to a claim by an indi-1
vidual under subsection (a)(1)(A)(i)(III) or sub-2
section (a)(2)(C), only New Mexico; and 3
‘‘(C) with respect to a claim by an indi-4
vidual under subsection (a)(1)(A)(i)(IV) or sub-5
section (a)(2)(D), only Guam.’’. 6
(h) C
HRONICLYMPHOCYTICLEUKEMIA AS ASPECI-7
FIEDDISEASE.—Section 4(b)(2) is amended by striking 8
‘‘other than chronic lymphocytic leukemia’’ and inserting 9
‘‘including chronic lymphocytic leukemia’’. 10
SEC. 5. CLAIMS RELATING TO URANIUM MINING. 11
(a) E
MPLOYEES OF MINES ANDMILLS.—Section 12
5(a)(1)(A)(i) is amended— 13
(1) by inserting ‘‘(I)’’ after ‘‘(i)’’; 14
(2) by striking ‘‘December 31, 1971; and’’ and 15
inserting ‘‘December 31, 1990; or’’; and 16
(3) by adding at the end the following: 17
‘‘(II) was employed as a core driller in 18
a State referred to in subclause (I) during 19
the period described in such subclause; 20
and’’. 21
(b) M
INERS.—Section 5(a)(1)(A)(ii)(I) is amended 22
by inserting ‘‘or renal cancer or any other chronic renal 23
disease, including nephritis and kidney tubal tissue in-24
jury’’ after ‘‘nonmalignant respiratory disease’’. 25
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(c) MILLERS, COREDRILLERS, ANDORETRANS-1
PORTERS.—Section 5(a)(1)(A)(ii)(II) is amended— 2
(1) by inserting ‘‘, core driller,’’ after ‘‘was a 3
miller’’; 4
(2) by inserting ‘‘, or was involved in remedi-5
ation efforts at such a uranium mine or uranium 6
mill,’’ after ‘‘ore transporter’’; 7
(3) by inserting ‘‘(I)’’ after ‘‘clause (i)’’; and 8
(4) by striking all that follows ‘‘nonmalignant 9
respiratory disease’’ and inserting ‘‘or renal cancer 10
or any other chronic renal disease, including nephri-11
tis and kidney tubal tissue injury; or’’. 12
(d) C
OMBINED WORK HISTORIES.—Section 13
5(a)(1)(A)(ii) is further amended— 14
(1) by striking ‘‘or’’ at the end of subclause (I); 15
and 16
(2) by adding at the end the following: 17
‘‘(III)(aa) does not meet the condi-18
tions of subclause (I) or (II); 19
‘‘(bb) worked, during the period de-20
scribed in clause (i)(I), in two or more of 21
the following positions: miner, miller, core 22
driller, and ore transporter; 23
‘‘(cc) meets the requirements of para-24
graph (4) or (5), or both; and 25
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‘‘(dd) submits written medical docu-1
mentation that the individual developed 2
lung cancer or a nonmalignant respiratory 3
disease or renal cancer or any other chron-4
ic renal disease, including nephritis and 5
kidney tubal tissue injury after exposure to 6
radiation through work in one or more of 7
the positions referred to in item (bb);’’. 8
(e) D
ATES OFOPERATION OFURANIUMMINE.—Sec-9
tion 5(a)(2)(A) is amended by striking ‘‘December 31, 10
1971’’ and inserting ‘‘December 31, 1990’’. 11
(f) S
PECIALRULESRELATING TOCOMBINEDWORK 12
H
ISTORIES.—Section 5(a) is amended by adding at the 13
end the following: 14
‘‘(4) S
PECIAL RULE RELATING TO COMBINED 15
WORK HISTORIES FOR INDIVIDUALS WITH AT LEAST 16
ONE YEAR OF EXPERIENCE .—An individual meets 17
the requirements of this paragraph if the individual 18
worked in one or more of the positions referred to 19
in paragraph (1)(A)(ii)(III)(bb) for a period of at 20
least one year during the period described in para-21
graph (1)(A)(i)(I). 22
‘‘(5) S
PECIAL RULE RELATING TO COMBINED 23
WORK HISTORIES FOR MINERS .—An individual 24
meets the requirements of this paragraph if the indi-25
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vidual, during the period described in paragraph 1
(1)(A)(i)(I), worked as a miner and was exposed to 2
such number of working level months that the Attor-3
ney General determines, when combined with the ex-4
posure of such individual to radiation through work 5
as a miller, core driller, or ore transporter during 6
the period described in paragraph (1)(A)(i)(I), re-7
sults in such individual being exposed to a total level 8
of radiation that is greater or equal to the level of 9
exposure of an individual described in paragraph 10
(4).’’. 11
(g) D
EFINITION OFCOREDRILLER.—Section 5(b) is 12
amended— 13
(1) by striking ‘‘and’’ at the end of paragraph 14
(7); 15
(2) by striking the period at the end of para-16
graph (8) and inserting ‘‘; and’’; and 17
(3) by adding at the end the following: 18
‘‘(9) the term ‘core driller’ means any indi-19
vidual employed to engage in the act or process of 20
obtaining cylindrical rock samples of uranium or va-21
nadium by means of a borehole drilling machine for 22
the purpose of mining uranium or vanadium.’’. 23
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SEC. 6. EXPANSION OF USE OF AFFIDAVITS IN DETERMINA-1
TION OF CLAIMS; REGULATIONS. 2
(a) A
FFIDAVITS.—Section 6(b) is amended by adding 3
at the end the following: 4
‘‘(3) A
FFIDAVITS.— 5
‘‘(A) E
MPLOYMENT HISTORY .—For pur-6
poses of this Act, the Attorney General shall ac-7
cept a written affidavit or declaration as evi-8
dence to substantiate the employment history of 9
an individual as a miner, miller, core driller, or 10
ore transporter if the affidavit— 11
‘‘(i) is provided in addition to other 12
material that may be used to substantiate 13
the employment history of the individual; 14
‘‘(ii) attests to the employment history 15
of the individual; 16
‘‘(iii) is made subject to penalty for 17
perjury; and 18
‘‘(iv) is made by a person other than 19
the individual filing the claim. 20
‘‘(B) P
HYSICAL PRESENCE IN AFFECTED 21
AREA.—For purposes of this Act, the Attorney 22
General shall accept a written affidavit or dec-23
laration as evidence to substantiate an individ-24
ual’s physical presence in an affected area dur-25
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ing a period described in section 4(a)(1)(A)(i) 1
or section 4(a)(2) if the affidavit— 2
‘‘(i) is provided in addition to other 3
material that may be used to substantiate 4
the individual’s presence in an affected 5
area during that time period; 6
‘‘(ii) attests to the individual’s pres-7
ence in an affected area during that pe-8
riod; 9
‘‘(iii) is made subject to penalty for 10
perjury; and 11
‘‘(iv) is made by a person other than 12
the individual filing the claim. 13
‘‘(C) P
ARTICIPATION AT TESTING SITE .— 14
For purposes of this Act, the Attorney General 15
shall accept a written affidavit or declaration as 16
evidence to substantiate an individual’s partici-17
pation onsite in a test involving the atmospheric 18
detonation of a nuclear device if the affidavit— 19
‘‘(i) is provided in addition to other 20
material that may be used to substantiate 21
the individual’s participation onsite in a 22
test involving the atmospheric detonation 23
of a nuclear device; 24
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‘‘(ii) attests to the individual’s partici-1
pation onsite in a test involving the atmos-2
pheric detonation of a nuclear device; 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) T
ECHNICAL ANDCONFORMINGAMENDMENTS.— 8
Section 6 is amended— 9
(1) in subsection (b)(2)(C), by striking ‘‘section 10
4(a)(2)(C)’’ and inserting ‘‘section 4(a)(2)(E)’’; 11
(2) in subsection (c)(2)— 12
(A) in subparagraph (A)— 13
(i) in the matter preceding clause (i), 14
by striking ‘‘subsection (a)(1), (a)(2)(A), 15
or (a)(2)(B) of section 4’’ and inserting 16
‘‘subsection (a)(1), (a)(2)(A), (a)(2)(B), 17
(a)(2)(C), or (a)(2)(D) of section 4’’; and 18
(ii) in clause (i), by striking ‘‘sub-19
section (a)(1), (a)(2)(A), or (a)(2)(B) of 20
section 4’’ and inserting ‘‘subsection 21
(a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or 22
(a)(2)(D) of section 4’’; and 23
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(B) in subparagraph (B), by striking ‘‘sec-1
tion 4(a)(2)(C)’’ and inserting ‘‘section 2
4(a)(2)(E)’’; and 3
(3) in subsection (e), by striking ‘‘subsection 4
(a)(1), (a)(2)(A), or (a)(2)(B) of section 4’’ and in-5
serting ‘‘subsection (a)(1), (a)(2)(A), (a)(2)(B), 6
(a)(2)(C), or (a)(2)(D) of section 4’’. 7
(c) R
EGULATIONS.— 8
(1) I
N GENERAL.—Section 6(k) is amended by 9
adding at the end the following: ‘‘Not later than 180 10
days after the date of enactment of the Radiation 11
Exposure Compensation Act Amendments of 2023, 12
the Attorney General shall issue revised regulations 13
to carry out this Act.’’. 14
(2) C
ONSIDERATIONS IN REVISIONS .—In 15
issuing revised regulations under section 6(k) of the 16
Radiation Exposure Compensation Act (Public Law 17
101–426; 42 U.S.C. 2210 note), as amended under 18
paragraph (1), the Attorney General shall ensure 19
that procedures with respect to the submission and 20
processing of claims under such Act take into ac-21
count and make allowances for the law, tradition, 22
and customs of Indian tribes, including by accepting 23
as a record of proof of physical presence for a claim-24
ant a grazing permit, a homesite lease, a record of 25
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being a holder of a post office box, a letter from an 1
elected leader of an Indian tribe, or a record of any 2
recognized tribal association or organization. 3
SEC. 7. LIMITATION ON CLAIMS. 4
(a) E
XTENSION OFFILINGTIME.—Section 8(a) is 5
amended— 6
(1) by striking ‘‘2 years’’ and inserting ‘‘19 7
years’’; and 8
(2) by striking ‘‘2022’’ and inserting ‘‘2023’’. 9
(b) R
ESUBMITTAL OF CLAIMS.—Section 8(b) is 10
amended to read as follows: 11
‘‘(b) R
ESUBMITTAL OFCLAIMS.— 12
‘‘(1) D
ENIED CLAIMS.—After the date of enact-13
ment of the Radiation Exposure Compensation Act 14
Amendments of 2023, any claimant who has been 15
denied compensation under this Act may resubmit a 16
claim for consideration by the Attorney General in 17
accordance with this Act not more than three times. 18
Any resubmittal made before the date of the enact-19
ment of the Radiation Exposure Compensation Act 20
Amendments of 2023 shall not be applied to the lim-21
itation under the preceding sentence. 22
‘‘(2) P
REVIOUSLY SUCCESSFUL CLAIMS .— 23
‘‘(A) I
N GENERAL.—After the date of en-24
actment of the Radiation Exposure Compensa-25
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tion Act Amendments of 2023, any claimant 1
who received compensation under this Act may 2
submit a request to the Attorney General for 3
additional compensation and benefits. Such re-4
quest shall contain— 5
‘‘(i) the claimant’s name, social secu-6
rity number, and date of birth; 7
‘‘(ii) the amount of award received 8
under this Act before the date of enact-9
ment of the Radiation Exposure Com-10
pensation Act Amendments of 2023; 11
‘‘(iii) any additional benefits and com-12
pensation sought through such request; 13
and 14
‘‘(iv) any additional information re-15
quired by the Attorney General. 16
‘‘(B) A
DDITIONAL COMPENSATION .—If the 17
claimant received compensation under this Act 18
before the date of enactment of the Radiation 19
Exposure Compensation Act Amendments of 20
2023 and submits a request under subpara-21
graph (A), the Attorney General shall— 22
‘‘(i) pay the claimant the amount that 23
is equal to any excess of— 24
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‘‘(I) the amount the claimant is 1
eligible to receive under this Act (as 2
amended by the Radiation Exposure 3
Compensation Act Amendments of 4
2023); minus 5
‘‘(II) the aggregate amount paid 6
to the claimant under this Act before 7
the date of enactment of the Radi-8
ation Exposure Compensation Act 9
Amendments of 2023; and 10
‘‘(ii) in any case in which the claimant 11
was compensated under section 4, provide 12
the claimant with medical benefits under 13
section 4(a)(5).’’. 14
SEC. 8. GRANT PROGRAM ON EPIDEMIOLOGICAL IMPACTS 15
OF URANIUM MINING AND MILLING. 16
(a) D
EFINITIONS.—In this section— 17
(1) the term ‘‘institution of higher education’’ 18
has the meaning given under section 101 of the 19
Higher Education Act of 1965 (20 U.S.C. 1001); 20
(2) the term ‘‘program’’ means the grant pro-21
gram established under subsection (b); and 22
(3) the term ‘‘Secretary’’ means the Secretary 23
of Health and Human Services. 24
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(b) ESTABLISHMENT.—The Secretary shall establish 1
a grant program relating to the epidemiological impacts 2
of uranium mining and milling. Grants awarded under the 3
program shall be used for the study of the epidemiological 4
impacts of uranium mining and milling among non-occu-5
pationally exposed individuals, including family members 6
of uranium miners and millers. 7
(c) A
DMINISTRATION.—The Secretary shall admin-8
ister the program through the National Institute of Envi-9
ronmental Health Sciences. 10
(d) E
LIGIBILITY ANDAPPLICATION.—Any institution 11
of higher education or nonprofit private entity shall be eli-12
gible to apply for a grant. To apply for a grant an eligible 13
institution or entity shall submit to the Secretary an appli-14
cation at such time, in such manner, and containing or 15
accompanied by such information as the Secretary may 16
reasonably require. 17
(e) A
UTHORIZATION OF APPROPRIATIONS.—There 18
are authorized to be appropriated to carry out this section 19
$3,000,000 for each of fiscal years 2024 through 2026. 20
SEC. 9. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 21
COMPENSATION PROGRAM. 22
(a) C
OVEREDEMPLOYEESWITHCANCER.—Section 23
3621(9) of the Energy Employees Occupational Illness 24
Compensation Program Act of 2000 (42 U.S.C. 7384l(9)) 25
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is amended by striking subparagraph (A) and inserting 1
the following: 2
‘‘(A) An individual with a specified cancer 3
who is a member of the Special Exposure Co-4
hort, if and only if— 5
‘‘(i) that individual contracted that 6
specified cancer after beginning employ-7
ment at a Department of Energy facility 8
(in the case of a Department of Energy 9
employee or Department of Energy con-10
tractor employee) or at an atomic weapons 11
employer facility (in the case of an atomic 12
weapons employee); or 13
‘‘(ii) that individual— 14
‘‘(I) contracted that specified 15
cancer after beginning employment in 16
a uranium mine or uranium mill de-17
scribed under section 5(a)(1)(A)(i) of 18
the Radiation Exposure Compensation 19
Act (42 U.S.C. 2210 note) (including 20
any individual who was employed in 21
core drilling or the transport of ura-22
nium ore or vanadium-uranium ore 23
from such mine or mill) located in 24
Colorado, New Mexico, Arizona, Wyo-25
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•HR 4426 IH
ming, South Dakota, Washington, 1
Utah, Idaho, North Dakota, Oregon, 2
Texas, or any State the Attorney Gen-3
eral makes a determination under sec-4
tion 5(a)(2) of that Act for inclusion 5
of eligibility under section 5(a)(1) of 6
that Act; and 7
‘‘(II) was employed in a uranium 8
mine or uranium mill described under 9
subclause (I) (including any individual 10
who was employed in core drilling or 11
the transport of uranium ore or vana-12
dium-uranium ore from such mine or 13
mill) at any time during the period 14
beginning on January 1, 1942, and 15
ending on December 31, 1990.’’. 16
(b) M
EMBERS OFSPECIALEXPOSURECOHORT.— 17
Section 3626 of the Energy Employees Occupational Ill-18
ness Compensation Program Act of 2000 (42 U.S.C. 19
7384q) is amended— 20
(1) in subsection (a), by striking paragraph (1) 21
and inserting the following: 22
‘‘(1) The Advisory Board on Radiation and 23
Worker Health under section 3624 shall advise the 24
President whether there is a class of employees— 25
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•HR 4426 IH
‘‘(A) at any Department of Energy facility 1
who likely were exposed to radiation at that fa-2
cility but for whom it is not feasible to estimate 3
with sufficient accuracy the radiation dose they 4
received; and 5
‘‘(B) employed in a uranium mine or ura-6
nium mill described under section 5(a)(1)(A)(i) 7
of the Radiation Exposure Compensation Act 8
(42 U.S.C. 2210 note) (including any individual 9
who was employed in core drilling or the trans-10
port of uranium ore or vanadium-uranium ore 11
from such mine or mill) located in Colorado, 12
New Mexico, Arizona, Wyoming, South Dakota, 13
Washington, Utah, Idaho, North Dakota, Or-14
egon, Texas, and any State the Attorney Gen-15
eral makes a determination under section 16
5(a)(2) of that Act for inclusion of eligibility 17
under section 5(a)(1) of that Act, at any time 18
during the period beginning on January 1, 19
1942, and ending on December 31, 1990, who 20
likely were exposed to radiation at that mine or 21
mill but for whom it is not feasible to estimate 22
with sufficient accuracy the radiation dose they 23
received.’’; and 24
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•HR 4426 IH
(2) by striking subsection (b) and inserting the 1
following: 2
‘‘(b) D
ESIGNATION OFADDITIONALMEMBERS.— 3
‘‘(1) Subject to the provisions of section 4
3621(14)(C), the members of a class of employees at 5
a Department of Energy facility, or at an atomic 6
weapons employer facility, may be treated as mem-7
bers of the Special Exposure Cohort for purposes of 8
the compensation program if the President, upon 9
recommendation of the Advisory Board on Radiation 10
and Worker Health, determines that— 11
‘‘(A) it is not feasible to estimate with suf-12
ficient accuracy the radiation dose that the 13
class received; and 14
‘‘(B) there is a reasonable likelihood that 15
such radiation dose may have endangered the 16
health of members of the class. 17
‘‘(2) Subject to the provisions of section 18
3621(14)(C), the members of a class of employees 19
employed in a uranium mine or uranium mill de-20
scribed under section 5(a)(1)(A)(i) of the Radiation 21
Exposure Compensation Act (42 U.S.C. 2210 note) 22
(including any individual who was employed in core 23
drilling or the transport of uranium ore or vana-24
dium-uranium ore from such mine or mill) located in 25
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•HR 4426 IH
Colorado, New Mexico, Arizona, Wyoming, South 1
Dakota, Washington, Utah, Idaho, North Dakota, 2
Oregon, Texas, and any State the Attorney General 3
makes a determination under section 5(a)(2) of that 4
Act for inclusion of eligibility under section 5(a)(1) 5
of that Act, at any time during the period beginning 6
on January 1, 1942, and ending on December 31, 7
1990, may be treated as members of the Special Ex-8
posure Cohort for purposes of the compensation pro-9
gram if the President, upon recommendation of the 10
Advisory Board on Radiation and Worker Health, 11
determines that— 12
‘‘(A) it is not feasible to estimate with suf-13
ficient accuracy the radiation dose that the 14
class received; and 15
‘‘(B) there is a reasonable likelihood that 16
such radiation dose may have endangered the 17
health of members of the class.’’. 18
Æ
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