ML18176A027
| ML18176A027 | |
| Person / Time | |
|---|---|
| Site: | HI-STORE |
| Issue date: | 05/03/2018 |
| From: | - No Known Affiliation |
| To: | Rules, Announcements, and Directives Branch |
| References | |
| 83FR13802 00171, NRC-2018-0052 | |
| Download: ML18176A027 (22) | |
Text
AUTHliNTICATED9' U.S. COVEANMENT INFORMATION GPO
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114TH CONGRESS 1ST SESSION Nee-- ioi~-oisr2, H.R.994 I
To amend. the Radiation Exposure Compensation Act to improYe compensation for workers inYolved in uranium mining, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES FEBRUARY 13, 2015 i1r. BEN RAY LUJAN of New Mexico (for himself, Mr. GRIJALVA, Ms.
MICHELLE LUJAN GRISHAl\\1 of New Mexico, Mrs. KIRKPATRICK, Mr.
PERLl\\IUTTER, Ms. TITUS, Hm1 Mr. PEARCE) introduced the following-bill; which was referred to the Commit.tee on the.Judiciary, am! in addition to the Committees on Education and the,*~lorkforce 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 juris-diction of the committee concerned A BILL To amen<l the Radiation Exposure Compensation Act to im-prove eompcnsation for workers involved in uranium min-ing, and for other purposes.
1 Be it enacted by the ffonate nnd House of Representn.-
2 fives of the Un*ited States of Auierica,£-n Congress asse,mbled, 3 SECTION 1. SHORT TITLE.
4 This Aet may be eite<l as the "Radiation Exposure 5 Compensation Act.Amendments of 2015".
SUNS! Review Complete Template= ADM-013 E-RIDS=ADM-03 ADD= Antoinette Walker-Smith, Jill Caverly (JSCl)
COMMENT (171)
PUBLICATION DATE: 3/30/2018 CITATION# 83 FR 13802
2 1 SEC. 2. REFERENCES.
2 Except as othervvise specifically provided, wheneYer in 3 this Act an amernlment or repeal is expresse<l in terms 4 of au amendment to or repeal of a section or other provi-5 sion of law, the reference shall he considered to he made 6. to a section or other provision of the Radiation Exposure 7 Compensation Act (Public Lmv 101-426; 42 U.S.C. 2210 8 note).
9 SEC. 3. EXTENSION OF FUND.
10 Scetion 3 ( d) is amcudccl-11 (1) hy striking the first scutcncc and inserting 12
"'I1he Fund shall terminate 19 yearn after the date 13 of the enactment of the Radiation Exposure Com-14 pensation Act Amendments of 2015."; and 15 (2) by striking "22-year" and inserting "19-16 year.
17 SEC. 4. CLAIMS RELATING TO ATMOSPHERIC TESTING.
18 (a) LEUKEMIA CLAIMS RELATING TO TRINITY TEST 19 IX NEW MEXICO AND TESTS IN. THE P ACIFIC.-Section 20 4(a)(l)(A) is amenclecl-21 (1) in clause (i)-
22 (A) in subclausc (II)-
23 24 25 26
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(B) by redesignating subclause (III) as subclause (V); and
( C) by inserting after subelause (II) the following:
"(III) vva s physically present. in an affected area for the period begin-ning on June 30, 1945, and. ending on July 31, 1945; or
(IV) was physieally present m au aff ecte<l area-
" ( aa) for a period of at least 1 year during the period begin-ning* on June 30, 1946, and end-ing on August 19, 1958; or
"(bb) for the period begin-ning on April 25, 19(i2, and end-mg ou November 5, 1962; or"* '
18 and
- 19 (2) in clause (ii)(I), by striking* "physical pres-20 ence described in subclause (I) or (II) of clause (i) 21 or onsite partieipation deseribed in elause (i)(Ill)"
22 and inserting "physieal presence described in sub-23 clause (1), (II), (Ill), or (IV) of clause (i) or onsite 24
. participation described in clause (i)(V)".
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(b) AMOUNTS FOR CLAIMS RELATED TO LEU-2 KEl\\1IA.-Section 4(a)(l) is amended-3 (1) in subparagTaph (A) by striking "an 4
amount" and inserting "the a.mount"; and 5
(2) hy striking subparagraph (B) and inse1t.ing 6
the following*:
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"{B) Al\\:IOUNT.-If the conditions de-scribed in subparagraph (C) are met, an imli-Yi<lnal who is described in subparagraph (A) (i) 10 shall receive $150,000.".
11 (c) SPECIFIED DISEASES CLAIMS RELATING TO 12 TRINITY TEST IX NEW MEXICO Ai'\\JD TESTS IN THE PA-13 CIFIC.-Section 4(a)(2) is amended-14 (1) iu subparagTaph (A), by striking "in the af-15 feeted area" and inserting "in an affeete<l area";
16 (2) in subparagraph (B)-
17 (A) hy striking "i11 the affected area" and 18 irn~erting "in an affected area"; and 19 (B) by striking "or" at the end; 20 (3) by redesigna.tiug snbparagTaph (C) as sub-21 paragraph (E); an<l 22
( 4) by iuscrtiug after subparagraph (B) the fol-23 lowing*:
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"(C) was physically present in an affected area for the period beg*inniug on June 30, 1945, and en<ling on July 31, 1945;
"(D) 'Was physieally present in an affceted area-
"(i) for a period of at lea.Rt 2 yeari:;
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 NoYember 5, 11 1962; or".
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( d) Al\\IOUNTS FOR CLAIMS RELATED TO SPECIFIED 13 DISEASES.-Section 4(a)(2) is amended in the matter fol-14 lowing subparagraph (E) (as redesignated by subsection 15 (c) of this seetiou) by striking "$50,000 (in the (~ase of 16 an iudividual described in subparagraph (A) or (B)) or 17 $75,000 (in the case of an individual described in suhpara-18 gTaph (C))," and im;erting "$150,000".
19 (e) MEDICAL BENEFITS.-Section 4(a) 1s amended 20 by adding at the encl the following:
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" ( 5) MEDICAL BENEFITS.-An individnal re-22 ceiving a payment under this section shall be eligible 23 to receive medical benefits in the same manner and 24 to the same e::,,._'tent as an individual. eligible to receive 25 medical beuefits under section 3G29 of the Energy.
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Employees Occupational Illness Compensation Pro-2 gTam Act (as enacted into law by Public Law 106-3 398; 114 Stat. 165A-507).".
4 (f) DOW1'Pi\\'IND' STATES.-Scctiou 4(b)(l) is amended 5 to read as follows:
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"(1) 'affected area' means-
" (A) except as provided under subpara-graphs (B) and (C), Arizona, Colorado, Idaho, Montana, Nevada, Nevv Mexieo, an<l Utah;
"(B) with rcspeet to a elaim by an indi-Yidual under suhsection (a)(l)(A)(i)(III) or (2)(C), only New Mexico; and
" ( C) with respect to a claim by an indi ~
Yidual under subsection (a)(l)(A)(i)(IV) or (2)(D), only Guam.".
16 SEC. 5. CLAIMS RELATING TO URANIUM MINING.
17 (a) EMPLOYEES OF MINES AND 1VIILLS.-Scction 18 5(a)(l)(A)(i) iR amended-19 (l) by inserting "(I)" after "(i)";.
20 (2) by striking "December 31, 1971; and" and 21 inserting "Deeember 31, 1990; or"; and 22
( 3) by adding-at the encl the following:
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"(II) was employed as a core driller in 24 a State referred to in subclause (I) during
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the period described m such subclause; 2
and".
3 (b) MINERS.-Seetiou 5(a)(l)(A)(ii)(I) is amended 4 by inserting* "or renal cancer or any other chronic renal 5 cliscase, including nephritis and kidney tubal tissue in-6 jury" after "nonmalignant respiratory disease".
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( c) MILLERS, CORE DRILLERS, AND ORE TRANS-8 PORTERS.-Section 5(a)(l)(A)(ii)(II) is amended-9 (1) by im;erting ", eore <lriller," after "was a 10 miller";
11 (2) by inserting "(I)" after "clause (i)"; and 12 (3) by striking all that follows "nonmalignant 13 respiratory disease" and inserting "or renal cancer 14 or any other chronic renal disease, including nephri-15 tis an<l kidney tubal tissue injury; or"_.
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( d)
COMBINED
\\V ORK HISTORIES.-Section 17 5(a)(l)(A)(ii) is further amendcd-18 (1) by striking "or" at the end of subclarn;;e (I);
19 and 20 (2) by adding at the end the following:.
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"(IIl)(aa) does not meet the condi-tions of subclausc (I) or (II);
"(hh) worked, dnring the period de-scribed in clam:;e (i)(I), in nvo or more of
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the following positions: mmer, miller, core driller and ore transporter*
"(ee) meets the requirements of para-graph (4) or (5),.or both; and
"(dd) submits vvrittcn medical docu-mentation that the individual developed lung cancer or a nonmalignant respiratory disease or renal cancer or any other chron-ie renal disease, ineln<ling nephritis and kidney tubal tissue injury after C}...l)Osurc to radiation through work iu one or more of the positions referred to in item (a.a).".
(e) DATES OF OPERATION OF URA.l\\JIUM l\\i1INE.-Sec-5(a)(2)(A) is amended by striking "December 31, 15 1971" and inserting "Deeember 31, 1990".
13 14 tion 16 (f) SPECIAL RULES RELATING TO COi\\IBINED "\\\\TORK 17 HISTORIES.-Scction 5(a) is amended by adding at the 18 end the follo-wing:
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"(4) SPECIAL RULE RELATING TO CO:.VIBINED.
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\\VORK HISTORIES FOR INDIVIDUALS \\VITH AT LEAST 21 ONE YEA.I{ OF EXPERIENCE.-An individnal meets 22 the requirements of this paragraph if the individnal 23 worked in one or more of the positions referred to 24 in paragn1.ph (l)(A)(ii)(III)(bb) for a period of at
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least one year during the period described in para-2 graph (l)(A)(i)(l).
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"(5) SPECIAL RULE RELATING TO COMBINED 4
WORK HISTORIES
!<,OR l\\1INERS.-An individual 5
meets the requirements of this paragraph if the indi-6 vidual, during ti1e period deRcribed in paragraph 7
(l)(A)(i)(I), worked as a miner and was exposed to 8
such uumber of working level months that the J\\..ttor-9 ney General <letermines, *wheu combine<l with the ex-IO posurc of such individual to radiation through,vork 11 as a miller, core driller, or ore transp01t.cr during 12 the period described in paragTaph (l)(A)(i)(I), re-13 sults in such individual being* exposed to a total level 14 of radiation that is greater or eqnal to the level of 15 eA1)osure of an in<lividnal described in paragraph 16 (4).".
17 (g*) DEFINITION OF CORE DRILLER.-Section 5 (h) is
-18 amended-19 (1) by striking "and" at the end of paragTaph 20 (7);
21 (2) by striking the period at the end of para-
. 22 graph (8) and inserting"; and"; and 23
( 3) by adding at the end the following:
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"(9) the term 'core driller' means any indi-25 vidual employed to engage in the act or process of
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obtaining cylindrical rock samples of uranium or va-2 nadinm by means of a borehole drilling machine for 3
the pnrpm,e of mining uranium or vanadium.".
4 SEC. 6. EXPANSION OF USE OF AFFIDAVITS IN DETERMINA-5 TION OF CLAIMS; REGULATIONS.
6 (a) AFFIDAVITS.-Section 6(b) is amended by adding 7 at the end the following:
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"(3) AFFIDAVITS.-
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"(A) El\\IPLOYl\\'.lEXT HISTORY.-For pnr-10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 poses of this Act, the Attorney General shall ac-cept a written affidavit or declaration as evi-dence to substantiate the employment history of an individual as a miner, miller, core driller, or ore transporter if the affidavit-
" (i) is provided in addition to other material that may be used to substantiate the employment. history of the individual;
"(ii) attests to the employ111ent history of the individual;
"(iii) is made subject to penalty for pe1:jn.ry; aml
"(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
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 General shall accept a ViTitten affidavit or dec-laration as eYi<lence to substantiate an individ-ual\\; physical presence in an affected area <lur-ing a period described in seetion 4(a)(l)(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 dul'ing that time periocl;
"(ii) attests to the individual's pres-ence in an affected area during that pe-riod;
"(iii) 1s made subject to penalty for perjury; and
"(iv) is mac.le by a person other than the individual filing the elaim.
"(C) PARTICIPATION AT TESTING SITE.-
For purposes of this Act, the Attorney General shall accept a written affidavit or. declaration as evideuce to substantiate an individual's partici-pation onsite in a test involving the atmosphe1*ie detonation of a nuclear device if the affidavit-
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" (i) is provided in addition to other material that may be m;ed to imbstantia.te the individual's participation onsite in* a
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test involving the atmospheric detonation 2
of a nuclear device; 3
"(ii) attests to the irnlividnal's partiei-4 pation onsitc in a. test involving the atmos-5 phcric detonation of a nuclear device; 6 *
"(iii) is ma.de ~mbject to penalty for 7
perjury; and 8
"(iv) is made by a person other than 9
the imlivi<lual filing the elaim. ".
10 (b) TECHXIC.AL.A...,D CONFORl\\'.lING AMENDMENTS.-
I I Section 6 is amcn<le<l-12 (l) in subsection (b)(2)(C), by striking "section 13 4(a)(2)(C)" and inserting "section 4(a)(2)(E)";
'14 (2) in snbsectiou (c)(2)-
I5 (A) in subpa.ragTaph (.A)-
16 (i) iu the first sentence, by striking 17 "subsection (a)(l), (a)(2)(.A), or (a)(2)(B) 18 of section 4" and inserting: "subsection 19 (a)(l), (a.)(2)(.A), (a)(2)(B), (a)(2)(C), or 20 (a)(2)(D) of section 4"; and 21 (ii) in dause (i), by striking "sub-22 section (a)(l), (a)(2)(.A), or (a)(2)(B) of 23 24 25
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ann lllSCl'.mg SU )SCC,1011 (a)(l), (a.)(2)(.A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4"; and
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(B) in subparagraph (B), by striking "sec-2 tion 4(a)(2)(C)"
and inserting "section 3
4(a)(2)(E)"; aml 4
(3) in subscetion (c), by striking "subseetion 5
(a.)(1), (a)(2)(A), or (a)(2)(B) of section 4" and in-6 serting "subsection (a)(l), (a.)(2)(A), (a)(2)(B), or 7
(a.)(2)(C) of section 4".
8 (c) REGULATIONS.-Section 6(k) is amended by add-9 ing at the end the following: "Not later than 180 days 10 after the date of enactment of the Radiation Exposure 11 Compensation Act Amendments of 2015, the Attorney 12 General shall issue revised regulations to carry out this 13 Act.".
14 SEC. 7. LIMITATION ON CLAIMS.
15 (a) EXTENSION OF FILING TIME.-Seetion 8(a) IS 16 amcndcd-17 (1) by striking "22 years" and inserting "HJ 18 yea.rs"; and 19 (2) by striking "2000" and inserting "2015".
20 (b) RESUBMITTAL OF CLAIMS.-Sectiou 8 (b) is 21 amended to read as f'olluws:
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"(b) RESUBl\\IITTAL OF CLAil\\IS.-
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( 1) DENIED CLAil\\1S.-After the date of enact-24 ment of the Radiation Exposure Compensation Act 25 Amendments of 2015, any claimant who has been
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denied compensation under this Act may resubmit a 2
claim for consideration by the Attorney General in 3
aeeordanee with this Aet not more than three times.
4 Any resubmittal made before the date of the enaet-5 ment of the Radiation EJ1..11osure Compensation Act 6
Amendments of 2015 shall not be applied to the lim-7 itation under the preceding sentence.
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"(2) PREVIOUSLY SUCCESSFUL CLAIMS.-
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"(A) IN GENERAL.-After the date of en-10 actrneut of the Radiation E:,q)osm*c Compensa-11 tiou Act Amendments of 2015, any claimant 12
- who received compensation under this Act may 13 submit a request to the Attorney General for 14 additional compensation and benefits. Such re-15 qnest shall eontain-16
"(i) the claimant's name, Social Secu-17 rit.y number, and date of birth; 18
"(ii) the a.mount of mva.rd received 19 under this Act before the date of enact-20 ment of the Radiation Exposure Com-21 pensation Aet Amendments of 2015; 22
"(iii) any additional benefits and com-23 pcnsation sought through such request; 24 and
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"(iv) any additional information re-quired by the Attorney General.
"(B) ADDITIONAL COMPENSATION.-If the claimant received compensation under this Act before the date of cuactmeut of the Radiation E).l)Osure Compernmtion Act Amendments of 2015 and submits a request under subpara-gTaph (A), the Attorney General shall-
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" (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 2015); mimrn
"(II) the aggregate amount paid to the claimant uudcr this Act before the date of enactment of the Radi-ation E).'l)Osure Compensation Act Amendments of 2015; and
"(ii) in any ease in whieh the claimant
,vas co1ppcnsatcd under section 4, provide the clainrnnt with medical benefits under section 4(a)(5).".
16 1 SEC. 8. ATTORNEY FEES.
2 Section 9(b)(l) is amended by striking "2 percent" 3 and irn;erting* "10 percent".
4 SEC. 9. GRANT PROGRAM ON EPIDEMIOLOGICAL IMPACTS 5
OF URANIUM MINING AND MILLING.
6 (a) DEFINITIOXS.-In thi8 8ection-7 (1) the term "institution of higher education" 8
has the meaning given such term under ser.tion 101 9
of the Higher Education Act of 1965 (20 U.S.C.
10 1001);
11 (2) the term "program" means the grant pro-12 gram e8tahli8lied under 8Uh8ection (b); and 13 (3) the term "Secretary" means the Secretary 14 of Health aud Human Services.
15 (b) ESTABLISHMEXT.-The Secretary shall establish 16 a grant. program relating to t.he epidemiological impacts 17 of uranium mining and milling. Grants ~nvarded under t.he 18 program Rhall be 1rned for the Rtudy of the epiderniolog'ical 19 impacts of uranium mining and milling among non-occu-20 patioually e.:,qJose<l in<livi<lnals, inclncling family members 21 of m*animn miners an<l millers.
22 (c) ADMINISTRATION.-The Secretary shall admin-23 ist.er the program through the National Institute of Envi-.
24 ronmental Health ScienceR.
25 (d) ELIGIBILITY AXD APPLICATIOX.-Any institution 26 of higher education 01* nonprofit private entity shall be eli-
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17 1 gible to apply for a gTant. To apply for a grant an eligible 2 institution or entity shall submit to the Secretary an appli-3 eation at sueh time in such manner and containing* or 4 aeeompanie<l by such informatio11 as the Secretary may 5 reasouahly require.
6 (e) AUTHORIZATION OF APPROPRIATIONS.-There 7 are authorized to be appropriated to carry out this section 8 $3,000,000 for each of fiscal years 2016 through 2020.
9 SEC. 10. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 10 COMPENSATION PROGRAM.
11 (a) COVERED EMPLOYEES "\\VITH CANCER.-Section 12 3621(9) of the Energy Employees Occupational Illness 13 Compensation ProgTam Act of 2000 (42 U.S.C. 73841(9))
14 is amended by striking subparagTaph (A) and inserting 15 the following:
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(A) Au individual v,rith a specified cancer who is a member of the Special E:*q)Osurc Co-hort, if and only if-
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" (i) that individual contracted that specified cancer after beginning employ-ment at a Department of Energy facility (in the case of a Department of Energy employee or Department of Energy con-tractor employee) or at an atomic weapom;
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- weapons employee); or
"(ii) that in<liviclnal-* -
" (I) eontraetcd that spceificd ca.ucer aner beginning employment in a uranium mine or uranium mill de-scribed under section 5(a)(l)(A)(i) of the Radiation E:~qJosure Compensation Aet (42 U.S.C. 2210 note) (ineln<ling any individual ViTho was employed iu core drilling or the transport of ura-murn ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona,,vyo-
- mmg, South Dakota, V\\T ashington, Utah, Idaho, North Dakota, Oregon, Texas, or any State the Attorney Gen-eral makes a determination under sec-tion 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(l) of that Act; and
"(II) was employed in a uranium mine or uranium mill described under suhclause (I) (including any individual who was employed in core drilling or
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the transport of uranium ore or vana-2 dium-uranium ore from such mine or 3
mill) at any time during the period 4
beginning on January 1, 1942, and 5
ending on December 31, 1990.".
6 (b) MEMBERS OF SPECIAL EXPOSURE COHORT.-
7 Section 3626 of the Energy Employees Occupational Ill-8 ness Compensation Program Act of 2000 (42 U.S.C.
9 7384q) is amended-10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) in subsection (a), by striking paragraph (1) and inserting the following:
" ( 1) The AdYisory Board on Radiation and
"\\Vorker Health under section 3 624 shall advise the President v.rhether there is a class of employees-
" (A) at any Department of Energy faeility who likely were mqJosed to radiation at that fa-cility hut for whom it is not feasible to estimate with sufficient accuracy the radiation dm;;e they received* and
"(B) employed in a uranium mine or nra-ninm mill described under section 5(a)(l)(A)(i) of the Radiation E}qJosurc Compensation Aet (42 U.S.C. 2210 note) (including auy individual v,rlrn *was employed in core drilling 01* the trans-port of uranium ore or vanadium-uranium ore
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 20 from such mme or mill) located in Colorado, New Mexico, Arizona,,vyoming, South Dakota, V{a:::;hingtou Utah I<laho North Dakota Or-egon, Texas, and any State the Attorney Gen-eral makes a determination under sect.ion 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(l) of that Act, at any time during the period beginning on January 1, 1942, aml ending on December 31, 1990, who likely were mq)osed to radiation at that mine or mill but for *whom it is not feasible to estimate
,;,,rith sufficient accuracy the l'adiation dose they received."; and (2) by striking subsection (b) and inserting the following:
"(b) DESIGNATION OF ADDITIOXAL MEMBERS.-
"(l) Subject to the provisions of sect.ion 3621 (14)(C), the members of a class of employees at a Department of Energy facility, or at an atomic weapons employer facility, may be treated as mem-bers of the Special Exposure Cohort for purposes of the eompcnsation program if the President, upon recommendation of the Advisory Board on Radiation and V{ orker Health, determines that-
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"(A) it is not feasible to estimate,vith suf-ficient accuracy the radiation dose that the class received; and
"(B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class.
"(2) Subject to the provisions of section 3621(14)(C), the members of a. class of employees employed in a uranium mine or uranium mill de-scribed nuder section 5(a)(l)(A)(i) of tlw Radiation EJq)Osurc Compensation Act (42 U.S.C. 2210 note)
(including any individual who was employed in core drilling or the transport of uranium ore or va.na-climn-uranium ore from such mine or mill) located in Colorado New Mexico Arizona vVyoming* South Dakota, \\Vashington, Utah, Idaho,. North Dakota, Oregon, Texas, and any State the Attorney General makes a determination under sect.ion 5(a)(2) of that Act for inclusion of eligibility t~nder section 5(a)(l) of that Act, at any time during the period beginning on,January 1, 1942, and ending on December 31, 1990, may be treated as members of the Special Ex-posure Cohort for purposes of the compensation pro-gram if the President, upon recommendation of the
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Advisory Board on Radiation and "\\Vorker Health, 2
determines that-3
"(A) it i8 not fea8ible to e8timate with 8Uf-4 fieicnt aeeuraey the radiation dose that the 5
class received; and 6
(B) there is a reasonable likelihood that 7
such radiation dose may have endangered the 8
health of members of the class.".
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