[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.''.
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