[Congressional Record Volume 169, Number 129 (Wednesday, July 26, 2023)]
[Senate]
[Pages S3666-S3669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1058. Mr. HAWLEY (for himself, Mr. Lujan, and Mr. Crapo) submitted
an amendment intended to be proposed by him to the bill S. 2226, to
authorize appropriations for fiscal year 2024 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, insert the following:
Subtitle H--Radiation Exposure Compensation Act
PART I--MANHATTAN PROJECT WASTE
SEC. 10___. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.
(a) Short Title.--This section may be cited as the
``Radiation Exposure Compensation Expansion Act''.
(b) Claims Relating to Manhattan Project Waste.--The
Radiation Exposure Compensation Act (Public Law 101-426; 42
U.S.C. 2210 note) is amended by inserting after section 5 the
following:
``SEC. 5A. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.
``(a) In General.--A claimant shall receive compensation
for a claim made under this Act, as described in subsection
(b) or (c), if--
``(1) a claim for compensation is filed with the Attorney
General--
``(A) by an individual described in paragraph (2); or
``(B) on behalf of that individual by an authorized agent
of that individual, if the individual is deceased or
incapacitated, such as--
``(i) an executor of estate of that individual; or
``(ii) a legal guardian or conservator of that individual;
``(2) that individual, or if applicable, an authorized
agent of that individual, demonstrates that the individual--
``(A) was physically present in an affected area for a
period of at least 2 years after January 1, 1949; and
``(B) contracted a specified disease after such period of
physical presence;
``(3) the Attorney General certifies that the identity of
that individual, and if applicable, the authorized agent of
that individual, is not fraudulent or otherwise
misrepresented; and
``(4) the Attorney General determines that the claimant has
satisfied the applicable requirements of this Act.
``(b) Losses Available to Living Affected Individuals.--
``(1) In general.--In the event of a claim qualifying for
compensation under subsection (a) that is submitted to the
Attorney General to be eligible for compensation under this
section at a time when the individual described in subsection
(a)(2) is living, the amount of compensation under this
section shall be in an amount that is the greater of $50,000
or the total amount of compensation for which the individual
is eligible under paragraph (2).
``(2) Losses due to medical expenses.--A claimant described
in paragraph (1) shall be eligible to receive, upon
submission of contemporaneous written medical records,
reports, or billing statements created by or at the direction
of a licensed medical professional who provided
contemporaneous medical care to the claimant, additional
compensation in the amount of all documented out-of-pocket
medical expenses incurred as a result of the specified
disease suffered by that claimant, such as any medical
expenses not covered, paid for, or reimbursed through--
``(A) any public or private health insurance;
``(B) any employee health insurance;
``(C) any workers' compensation program; or
``(D) any other public, private, or employee health program
or benefit.
``(c) Payments to Beneficiaries of Deceased Individuals.--
In the event that an individual described in subsection
(a)(2) who qualifies for compensation under subsection (a) is
deceased at the time of submission of the claim--
``(1) a surviving spouse may, upon submission of a claim
and records sufficient to satisfy the requirements of
subsection (a) with respect to the deceased individual,
receive compensation in the amount of $25,000; or
``(2) in the event that there is no surviving spouse, the
surviving children, minor or otherwise, of the deceased
individual may, upon submission of a claim and records
sufficient to satisfy the requirements of subsection (a) with
respect to the deceased individual, receive compensation in
the total amount of $25,000, paid in equal shares to each
surviving child.
``(d) Affected Area.--For purposes of this section, the
term `affected area' means, in the State of Missouri, the ZIP
Codes of 63031, 63033, 63034, 63042, 63045, 63074, 63114,
63135, 63138, 63044, 63140, 63145, 63147, 63102, 63304,
63134, 63043, 63341, 63368, and 63367.
``(e) Specified Disease.--For purposes of this section, the
term `specified disease' means any of the following:
[[Page S3667]]
``(1) Any leukemia, other than chronic lymphocytic
leukemia, provided that the initial exposure occurred after
the age of 20 and the onset of the disease was at least 2
years after first exposure.
``(2) Any of the following diseases, provided that the
onset was at least 2 years after the initial exposure:
``(A) Multiple myeloma.
``(B) Lymphoma, other than Hodgkin's disease.
``(C) Type 1 or type 2 diabetes.
``(D) Systemic lupus erythematosus.
``(E) Multiple sclerosis.
``(F) Hashimoto's disease.
``(G) Primary cancer of the--
``(i) thyroid;
``(ii) male or female breast;
``(iii) esophagus;
``(iv) stomach;
``(v) pharynx;
``(vi) small intestine;
``(vii) pancreas;
``(viii) bile ducts;
``(ix) gall bladder;
``(x) salivary gland;
``(xi) urinary bladder;
``(xii) brain;
``(xiii) colon;
``(xiv) ovary;
``(xv) liver, except if cirrhosis or hepatitis B is
indicated;
``(xvi) lung;
``(xvii) bone; or
``(xviii) kidney.
``(f) Physical Presence.--For purposes of this section, the
Attorney General shall not determine that a claimant has
satisfied the requirements of subsection (a) unless
demonstrated by submission of contemporaneous written
residential documentation and at least one additional
employer-issued or government-issued document or record that
the claimant, for a period of at least 2 years after January
1, 1949, was physically present in an affected area.
``(g) Disease Contraction in Affected Areas.--For purposes
of this section, the Attorney General shall not determine
that a claimant has satisfied the requirements of subsection
(a) unless demonstrated by submission of contemporaneous
written medical records or reports created by or at the
direction of a licensed medical professional who provided
contemporaneous medical care to the claimant, that the
claimant, after such period of physical presence, contracted
a specified disease.''.
PART II--COMPENSATION FOR WORKERS INVOLVED IN URANIUM MINING
SEC. 10___. SHORT TITLE.
This part may be cited as the ``Radiation Exposure
Compensation Act Amendments of 2023''.
SEC. 10___. REFERENCES.
Except as otherwise specifically provided, whenever in this
part an amendment or repeal is expressed in terms of an
amendment to or repeal of a section or other provision 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. 10___. 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 Compensation Act Amendments of
2023.''; and
(2) by striking ``2-year'' and inserting ``19-year''.
SEC. 10__. 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
(ii) by striking ``or'' after the semicolon;
(C) by redesignating subclause (III) as subclause (V); and
(D) 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
September 24, 1944, and ending on November 6, 1962;
``(IV) was physically present in an affected area--
``(aa) for a period of at least 1 year during the period
beginning on July 1, 1946, and ending on November 6, 1962; or
``(bb) for the period beginning on April 25, 1962, and
ending on November 6, 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),
or (IV) of clause (i) or onsite participation described in
clause (i)(V)''.
(b) Amounts for Claims Related to Leukemia.--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 described in subparagraph
(C) are met, an individual who is described in subparagraph
(A) shall receive $150,000.''.
(c) Conditions for Claims Related to Leukemia.--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 Nevada 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'';
(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 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
September 24, 1944, and ending on November 6, 1962;
``(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''.
(e) Amounts for Claims Related to Specified Diseases.--
Section 4(a)(2) is amended in the matter following
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 subparagraph (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 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) 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, Utah,
and Guam;
``(B) with respect to a claim by an individual under
subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only
New Mexico; and
``(C) with respect to a claim by an individual under
subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only
Guam.''.
(h) Chronic Lymphocytic Leukemia as a Specified Disease.--
Section 4(b)(2) is amended by striking ``other than chronic
lymphocytic leukemia'' and inserting ``including chronic
lymphocytic leukemia''.
SEC. 10__. 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 injury''
after ``nonmalignant respiratory disease''.
(c) Millers, Core Drillers, and Ore Transporters.--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 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 or any other
chronic renal disease, including nephritis 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 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 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)
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
[[Page S3668]]
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 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) 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. 10__. EXPANSION OF USE OF AFFIDAVITS IN DETERMINATION OF
CLAIMS; REGULATIONS.
(a) Affidavits.--Section 6(b) 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.''.
(b) Technical and Conforming Amendments.--Section 6 is
amended--
(1) in subsection (b)(2)(C), by striking ``section
4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)'';
(2) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) in the matter preceding 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''; 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''; and
(B) in subparagraph (B), by striking ``section 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 inserting
``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 2023, 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. 10__. LIMITATION ON CLAIMS.
(a) Extension of Filing Time.--Section 8(a) is amended--
(1) by striking ``2 years'' and inserting ``19 years''; and
(2) by striking ``2022'' and inserting ``2023''.
(b) Resubmittal of Claims.--Section 8(b) 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 2023, 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 2023 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 2023, 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 2023;
``(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 2023
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 2023); 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 2023; 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. 10__. 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 2024 through 2026.
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
[[Page S3669]]
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; and
``(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.''.
______