[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3783 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 3783

      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

                             July 16, 2019

 Mr. Lujan (for himself, Mr. Gallego, Mr. Grijalva, Mrs. Kirkpatrick, 
 Mr. O'Halleran, Mr. Stanton, Mr. Cardenas, Ms. Matsui, Mr. Crow, Ms. 
   DeGette, Mr. Neguse, Ms. Norton, Mr. Hastings, Mr. Soto, Mr. San 
Nicolas, Mr. Kennedy, Mr. McGovern, Mr. Butterfield, Ms. Kuster of New 
Hampshire, Ms. Torres Small of New Mexico, Ms. Haaland, Ms. Titus, Mr. 
   Higgins of New York, Mr. Tonko, Mr. Blumenauer, Mr. DeFazio, Mr. 
Schrader, Mr. Michael F. Doyle of Pennsylvania, Mr. Cohen, Mr. Doggett, 
 Ms. Jackson Lee, Ms. DelBene, Mr. Heck, Ms. Jayapal, Mr. Kilmer, Mr. 
 Smith of Washington, Mrs. Napolitano, Mr. Perlmutter, and Ms. Johnson 
  of Texas) introduced 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 improve 
  compensation for workers involved in uranium mining, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives 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 2019''.

SEC. 2. FINDINGS, PURPOSE, AND APOLOGY.

    Section 2(a)(1) of the Radiation Exposure Compensation Act (Public 
Law 101-426; 42 U.S.C. 2210 note) is amended by inserting ``, including 
individuals in New Mexico, Idaho, Colorado, Arizona, Utah, Texas, 
Wyoming, Oregon, Washington, South Dakota, North Dakota, Nevada, Guam, 
and the Northern Mariana Islands,'' after ``tests exposed 
individuals''.

SEC. 3. EXTENSION OF FUND.

    Section 3(d) of the Radiation Exposure Compensation Act (Public Law 
101-426; 42 U.S.C. 2210 note) is amended--
            (1) by striking ``22 years'' and inserting ``45 years''; 
        and
            (2) by striking ``22-year'' and inserting ``45-year''.

SEC. 4. CLAIMS RELATING TO ATMOSPHERIC TESTING.

    (a) Leukemia Claims Relating to Trinity Test in New Mexico and 
Tests in the Pacific.--Section 4(a)(1)(A) of the Radiation Exposure 
Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is amended--
            (1) in clause (i)--
                    (A) in subclause (II)--
                            (i) by striking ``in the affected area'' 
                        and inserting ``in an affected area''; and
                            (ii) by striking ``or'' after the 
                        semicolon;
                    (B) by redesignating subclause (III) as subclause 
                (V); and
                    (C) by inserting after subclause (II) the 
                following:
                            ``(III) was physically present in an 
                        affected area for a period of at least 1 year 
                        during the period beginning on June 30, 1945, 
                        and ending on July 31, 1962;
                            ``(IV) was physically present in an 
                        affected area--
                                    ``(aa) for a period of at least 1 
                                year during the period beginning on 
                                June 30, 1946, and ending on August 19, 
                                1958; or
                                    ``(bb) for the period beginning on 
                                April 25, 1962, and ending on November 
                                5, 1962; or''; and
            (2) in clause (ii)(I), by striking ``physical presence 
        described in subclause (I) or (II) of clause (i) or onsite 
        participation described in clause (i)(III)'' and inserting 
        ``physical presence described in subclause (I), (II), (III), of 
        (IV) of clause (i) or onsite participation described in clause 
        (i)(V)''.
    (b) Amounts for Claims Related to Leukemia.--Section 4(a)(1) of the 
Radiation Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 
note) 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 described in 
                subparagraph (C) are met, an individual who is 
                described in subparagraph (A)(i) shall receive 
                $150,000.''.
    (c) Specified Diseases Claims Relating to Trinity Test in New 
Mexico and Tests in the Pacific.--Section 4(a)(2) of the Radiation 
Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is 
amended--
            (1) in subparagraph (A), by striking ``in the affected 
        area'' and inserting ``in an affected area'';
            (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 subparagraph (E); 
        and
            (4) by inserting after subparagraph (B) the following:
                    ``(C) was physically present in an affected area 
                for a period of at least 1 year during the period 
                beginning on June 30, 1945, and ending on July 31, 
                1962;
                    ``(D) was physically present in an affected area--
                            ``(i) for a period of at least 2 years 
                        during the period beginning on June 30, 1946, 
                        and ending on August 19, 1958; or
                            ``(ii) for the period beginning on April 
                        25, 1962, and ending on November 5, 1962; or''.
    (d) Claims Related to Radiation Exposure During Cleanup of Enewetak 
Atoll.--Subparagraph (E) of section 4(a)(2) of the Radiation Exposure 
Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) (as 
redesignated by subsection (c) of this section) is amended by striking 
``a test involving the atmospheric detonation of a nuclear device,'' 
and inserting the following:
                            ``(i) a test involving the atmospheric 
                        detonation of a nuclear device, or
                            ``(ii) the cleanup of Enewetak Atoll during 
                        the period beginning on January 1, 1977, and 
                        ending on December 31, 1980,''.
    (e) Amounts for Claims Related to Specified Diseases.--Section 
4(a)(2) of the Radiation Exposure Compensation Act (Public Law 101-426; 
42 U.S.C. 2210 note) is amended in the matter following subparagraph 
(E) (as redesignated by subsection (c) 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 
subparagraph (C)),'' and inserting ``$150,000''.
    (f) Medical Benefits.--Section 4(a) of the Radiation Exposure 
Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is amended 
by adding at the end the following:
            ``(5) Medical benefits.--An individual receiving 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 
        Program Act of 2000 (42 U.S.C. 7384t).''.
    (g) Downwind States.--Section 4(b)(1) of the Radiation Exposure 
Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is amended 
to read as follows:
            ``(1) `affected area' means--
                    ``(A) except as provided under subparagraphs (B) 
                and (C), Arizona, Colorado, Idaho, Montana, Nevada, New 
                Mexico, and Utah;
                    ``(B) with respect to a claim by an individual 
                under subsection (a)(1)(A)(i)(III) or (a)(2)(C), only 
                New Mexico; and
                    ``(C) with respect to a claim by an individual 
                under subsection (a)(1)(A)(i)(IV) or (a)(2)(D), only 
                Guam.''.

SEC. 5. CLAIMS RELATING TO URANIUM MINING.

    (a) Employees of Mines and Mills.--Section 5(a)(1)(A)(i) of the 
Radiation Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 
note) 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) of the Radiation Exposure 
Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is amended 
by inserting ``or renal cancer, renal failure, or any other chronic 
renal disease, including nephritis and kidney tubal tissue injury'' 
after ``nonmalignant respiratory disease''.
    (c) Millers, Core Drillers, Ore Transporters, and Remediation 
Workers.--Section 5(a)(1)(A)(ii)(II) of the Radiation Exposure 
Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is amended--
            (1) by inserting ``, core driller,'' after ``was a 
        miller'';
            (2) by inserting ``, or was involved in remediation 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, renal failure, or 
        any other chronic renal disease, including nephritis and kidney 
        tubal tissue injury; or''.
    (d) Combined Work Histories.--Section 5(a)(1)(A)(ii) of the 
Radiation Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 
note) 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 conditions of 
                        subclause (I) or (II);
                            ``(bb) worked, during the period described 
                        in clause (i)(I), in two or more of the 
                        following positions: miner, miller, core 
                        driller, and ore transporter;
                            ``(cc) meets the requirements of paragraph 
                        (4) or (5), or both; and
                            ``(dd) submits written medical 
                        documentation that the individual developed 
                        lung cancer or a nonmalignant respiratory 
                        disease or renal cancer, renal failure, or any 
                        other chronic 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.--Section 5(a)(2)(A) of the 
Radiation Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 
note) is amended by striking ``December 31, 1971'' and inserting 
``December 31, 1990''.
    (f) Special Rules Relating to Combined Work Histories.--Section 
5(a) of the Radiation Exposure Compensation Act (Public Law 101-426; 42 
U.S.C. 2210 note) 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 paragraph (1)(A)(i)(I).
            ``(5) Special rule relating to combined work histories for 
        miners.--An individual meets the requirements of this paragraph 
        if the individual, during the period described in paragraph 
        (1)(A)(i)(I), worked as a miner and was exposed to such number 
        of working level months of radiation that the Attorney General 
        determines, when combined with the exposure 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), results 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) of the Radiation 
Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is 
amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) the term `core driller' means any individual employed 
        to engage in the act or process of obtaining cylindrical rock 
        samples of uranium or vanadium by means of a borehole drilling 
        machine for the purpose of mining uranium or vanadium.''.

SEC. 6. EXPANSION OF USE OF AFFIDAVITS IN DETERMINATION OF CLAIMS; 
              REGULATIONS.

    (a) Affidavits.--Section 6(b) of the Radiation Exposure 
Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is amended 
by adding at the end the following:
            ``(3) Affidavits.--
                    ``(A) Employment history.--For purposes of this 
                Act, the Attorney General shall accept a written 
                affidavit or declaration as evidence 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 declaration as evidence to 
                substantiate an individual's physical presence in an 
                affected area during a period described in section 
                4(a)(1)(A)(i) or section 4(a)(2) if the affidavit--
                            ``(i) is provided in addition to other 
                        material that may be used to substantiate the 
                        individual's presence in an affected area 
                        during that time period;
                            ``(ii) attests to the individual's presence 
                        in an affected area during that period;
                            ``(iii) is made subject to penalty for 
                        perjury; and
                            ``(iv) is made by a person other than the 
                        individual filing the claim.
                    ``(C) Participation at testing site.--For purposes 
                of this Act, the Attorney General shall accept a 
                written affidavit or declaration as evidence to 
                substantiate an individual's participation onsite in a 
                test involving the atmospheric detonation of a nuclear 
                device if the affidavit--
                            ``(i) is provided in addition to other 
                        material that may be used to substantiate the 
                        individual's participation onsite in a test 
                        involving the atmospheric detonation of a 
                        nuclear device;
                            ``(ii) attests to the individual's 
                        participation onsite in a test involving the 
                        atmospheric detonation of a nuclear device;
                            ``(iii) is made subject to penalty for 
                        perjury; and
                            ``(iv) is made by a person other than the 
                        individual filing the claim.
                    ``(D) Participation in cleanup.--For purposes of 
                this Act, the Attorney General shall accept a written 
                affidavit or declaration as evidence to substantiate an 
                individual's participation onsite in the cleanup of 
                Enewetak Atoll during the period beginning on January 
                1, 1977, and ending on December 31, 1980, if the 
                affidavit--
                            ``(i) is provided in addition to other 
                        material that may be used to substantiate the 
                        individual's participation onsite in the 
                        cleanup of Enewetak Atoll during such period;
                            ``(ii) attests to the individual's 
                        participation onsite in the cleanup of Enewetak 
                        Atoll during such period;
                            ``(iii) is made subject to penalty for 
                        perjury; and
                            ``(iv) is made by a person other than the 
                        individual filing the claim.''.
    (b) Guidelines for Onsite Participation in Cleanup of Enewetak 
Atoll.--Subparagraph (C) of section 6(b)(2) of the Radiation Exposure 
Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is amended 
by striking ``under section 4(a)(2)(C)'' and inserting ``, or in the 
cleanup of Enewetak Atoll, under section 4(a)(2)(E)''.
    (c) Technical and Conforming Amendments.--Section 6 of the 
Radiation Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 
note) is amended--
            (1) in subsection (c)(2)--
                    (A) in subparagraph (A)--
                            (i) in the first sentence, by striking 
                        ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of 
                        section 4'' and inserting ``subsection (a)(1), 
                        (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) 
                        of section 4''; and
                            (ii) in clause (i), by striking 
                        ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of 
                        section 4'' and inserting ``subsection (a)(1), 
                        (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) 
                        of section 4'';
                    (B) in subparagraph (B), by striking ``section 
                4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)''; and
                    (C) by adding ``or in the cleanup of Enewetak 
                Atoll'' after ``detonation of a nuclear device''; and
            (2) in subsection (e)--
                    (A) by striking ``subsection (a)(1), (a)(2)(A), or 
                (a)(2)(B) of section 4'' and inserting ``subsection 
                (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) 
                of section 4''; and
                    (B) by inserting ``or in the cleanup of Enewetak 
                Atoll'' after ``detonation of a nuclear device''.
    (d) Regulations.--
            (1) In general.--Section 6(k) of the Radiation Exposure 
        Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) 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 2019, 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 account 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 
        claimant a grazing permit, a homesite lease, a record of 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) of the Radiation 
Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is 
amended by striking ``22 years'' and inserting ``45 years''.
    (b) Resubmittal of Claims.--Section 8(b) of the Radiation Exposure 
Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is amended 
to read as follows:
    ``(b) Resubmittal of Claims.--
            ``(1) Denied claims.--After the date of enactment of the 
        Radiation Exposure Compensation Act Amendments of 2019, 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 enactment of the 
        Radiation Exposure Compensation Act Amendments of 2019 shall 
        not be applied to the limitation under the preceding sentence.
            ``(2) Previously successful claims.--
                    ``(A) In general.--After the date of enactment of 
                the Radiation Exposure Compensation Act Amendments of 
                2019, any claimant who received compensation under this 
                Act may submit a request to the Attorney General for 
                additional compensation and benefits. Such request 
                shall contain--
                            ``(i) the claimant's name, social security 
                        number, and date of birth;
                            ``(ii) the amount of award received under 
                        this Act before the date of enactment of the 
                        Radiation Exposure Compensation Act Amendments 
                        of 2019;
                            ``(iii) any additional benefits and 
                        compensation sought through such request; and
                            ``(iv) any additional information required 
                        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 2019 and submits a request under 
                subparagraph (A), the Attorney General shall--
                            ``(i) pay the claimant the amount that is 
                        equal to any excess of--
                                    ``(I) the amount the claimant is 
                                eligible to receive under this Act (as 
                                amended by the Radiation Exposure 
                                Compensation Act Amendments of 2019); 
                                minus
                                    ``(II) the aggregate amount paid to 
                                the claimant under this Act before the 
                                date of enactment of the Radiation 
                                Exposure Compensation Act Amendments of 
                                2019; 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. ATTORNEYS FEES.

    Section 9(b)(1) of the Radiation Exposure Compensation Act (Public 
Law 101-426; 42 U.S.C. 2210 note) is amended by striking ``2 percent'' 
and inserting ``10 percent''.

SEC. 9. 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 program 
        established under subsection (b); and
            (3) the term ``Secretary'' means the Secretary of Health 
        and Human Services.
    (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-
occupationally exposed individuals, including family members of uranium 
miners and millers.
    (c) Administration.--The Secretary shall administer the program 
through the National Institute of Environmental Health Sciences.
    (d) Eligibility and Application.--Any institution of higher 
education or nonprofit private entity shall be eligible to apply for a 
grant. To apply for a grant an eligible institution or entity shall 
submit to the Secretary an application 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 2020 through 2024.

SEC. 10. 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)) 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 Cohort, if and only 
                if--
                            ``(i) that individual contracted that 
                        specified cancer after beginning employment at 
                        a Department of Energy facility (in the case of 
                        a Department of Energy employee or Department 
                        of Energy contractor 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 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 transport 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, 
                                Oregon, Texas, or 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; 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 
                                vanadium-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 Illness 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--
                    ``(A) at any Department of Energy facility who 
                likely were exposed to radiation at that facility but 
                for whom it is not feasible to estimate with sufficient 
                accuracy the radiation dose they received; or
                    ``(B) employed in a uranium mine or uranium 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 transport 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, 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, 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
            (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 members 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 
                sufficient 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 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 transport 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, 
        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 
        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 
                sufficient 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.''.
                                 <all>