TH ST CONGRESS SESSION H. R. 2049 · 2017. 5. 3. · I 115TH CONGRESS 1ST SESSION H. R. 2049 To...

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115TH CONGRESS 1ST SESSION H. R. 2049

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

APRIL 6, 2017 Mr. BEN RAY LUJÁN of New Mexico (for himself, Ms. MICHELLE LUJAN

GRISHAM of New Mexico, Mr. PEARCE, Ms. BORDALLO, Mr. O’HALLERAN, Ms. TITUS, Ms. DEGETTE, Mr. PERLMUTTER, Mr. CÁRDENAS, Mr. SOTO, Mr. SMITH of Washington, Mr. GRIJALVA, Mr. MCGOVERN, Mr. HECK, Ms. JAYAPAL, Mr. GALLEGO, Ms. SINEMA, Mr. DEFAZIO, Mr. HASTINGS, Mr. HIGGINS of New York, Ms. JACKSON LEE, Ms. DELBENE, Mr. KILMER, Mr. BLUMENAUER, Mr. DOGGETT, and Mr. SCHRADER) introduced the following bill; which was referred to the Com-mittee on the Judiciary, and in addition to the Committees on Education and the Workforce, and Energy and Commerce, for a period to be subse-quently 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 im-

prove compensation for workers involved in uranium min-ing, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE. 3

This Act may be cited as the ‘‘Radiation Exposure 4

Compensation Act Amendments of 2017’’. 5

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SEC. 2. REFERENCES. 1

Except as otherwise specifically provided, whenever in 2

this Act an amendment or repeal is expressed in terms 3

of an amendment to or repeal of a section or other provi-4

sion of law, the reference shall be considered to be made 5

to a section or other provision of the Radiation Exposure 6

Compensation Act (Public Law 101–426; 42 U.S.C. 2210 7

note). 8

SEC. 3. EXTENSION OF FUND. 9

Section 3(d) is amended— 10

(1) by striking the first sentence and inserting 11

‘‘The Fund shall terminate 19 years after the date 12

of the enactment of the Radiation Exposure Com-13

pensation Act Amendments of 2017.’’; and 14

(2) by striking ‘‘22-year’’ and inserting ‘‘19- 15

year’’. 16

SEC. 4. CLAIMS RELATING TO ATMOSPHERIC TESTING. 17

(a) LEUKEMIA CLAIMS RELATING TO TRINITY TEST 18

IN NEW MEXICO AND TESTS IN THE PACIFIC.—Section 19

4(a)(1)(A) is amended— 20

(1) in clause (i)— 21

(A) in subclause (II)— 22

(i) by striking ‘‘in the affected area’’ 23

and inserting ‘‘in an affected area’’; and 24

(ii) by striking ‘‘or’’ after the semi-25

colon; 26


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(B) by redesignating subclause (III) as 1

subclause (V); and 2

(C) by inserting after subclause (II) the 3

following: 4

‘‘(III) was physically present in an af-5

fected area for the period beginning on 6

June 30, 1945, and ending on July 31, 7

1945; or 8

‘‘(IV) was physically present in an af-9

fected area— 10

‘‘(aa) for a period of at least 1 11

year during the period beginning on 12

June 30, 1946, and ending on August 13

19, 1958; or 14

‘‘(bb) for the period beginning on 15

April 25, 1962, and ending on No-16

vember 5, 1962; or’’; and 17

(2) in clause (ii)(I), by striking ‘‘physical pres-18

ence described in subclause (I) or (II) of clause (i) 19

or onsite participation described in clause (i)(III)’’ 20

and inserting ‘‘physical presence described in sub-21

clause (I), (II), (III), or (IV) of clause (i) or onsite 22

participation described in clause (i)(V)’’. 23

(b) AMOUNTS FOR CLAIMS RELATED TO LEU-24

KEMIA.—Section 4(a)(1) is amended— 25


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(1) in subparagraph (A) by striking ‘‘an 1

amount’’ and inserting ‘‘the amount’’; and 2

(2) by striking subparagraph (B) and inserting 3

the following: 4

‘‘(B) AMOUNT.—If the conditions de-5

scribed in subparagraph (C) are met, an indi-6

vidual who is described in subparagraph (A)(i) 7

shall receive $150,000.’’. 8

(c) SPECIFIED DISEASES CLAIMS RELATING TO 9

TRINITY TEST IN NEW MEXICO AND TESTS IN THE PA-10

CIFIC.—Section 4(a)(2) is amended— 11

(1) in subparagraph (A), by striking ‘‘in the af-12

fected area’’ and inserting ‘‘in an affected area’’; 13

(2) in subparagraph (B)— 14

(A) by striking ‘‘in the affected area’’ and 15

inserting ‘‘in an affected area’’; and 16

(B) by striking ‘‘or’’ at the end; 17

(3) by redesignating subparagraph (C) as sub-18

paragraph (E); and 19

(4) by inserting after subparagraph (B) the fol-20

lowing: 21

‘‘(C) was physically present in an affected 22

area for the period beginning on June 30, 23

1945, and ending on July 31, 1945; 24


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‘‘(D) was physically present in an affected 1

area— 2

‘‘(i) for a period of at least 2 years 3

during the period beginning on June 30, 4

1946, and ending on August 19, 1958; or 5

‘‘(ii) for the period beginning on April 6

25, 1962, and ending on November 5, 7

1962; or’’. 8

(d) CLAIMS RELATED TO RADIATION EXPOSURE 9

DURING CLEANUP OF ENEWETAK ATOLL.—Subpara-10

graph (E) of section 4(a)(2) (as redesignated by sub-11

section (c) of this section) is amended by striking ‘‘a test 12

involving the atmospheric detonation of a nuclear device,’’ 13

and inserting the following: 14

‘‘(i) a test involving the atmospheric 15

detonation of a nuclear device, or 16

‘‘(ii) the cleanup of Enewetak Atoll 17

during the period beginning on January 1, 18

1977, and ending on December 31, 19

1980,’’. 20

(e) AMOUNTS FOR CLAIMS RELATED TO SPECIFIED 21

DISEASES.—Section 4(a)(2) is amended in the matter fol-22

lowing subparagraph (E) (as redesignated by subsection 23

(c) of this section) by striking ‘‘$50,000 (in the case of 24

an individual described in subparagraph (A) or (B)) or 25


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$75,000 (in the case of an individual described in subpara-1

graph (C)),’’ and inserting ‘‘$150,000’’. 2

(f) MEDICAL BENEFITS.—Section 4(a) is amended 3

by adding at the end the following: 4

‘‘(5) MEDICAL BENEFITS.—An individual re-5

ceiving a payment under this section shall be eligible 6

to receive medical benefits in the same manner and 7

to the same extent as an individual eligible to receive 8

medical benefits under section 3629 of the Energy 9

Employees Occupational Illness Compensation Pro-10

gram Act of 2000 (42 U.S.C. 7384t).’’. 11

(g) DOWNWIND STATES.—Section 4(b)(1) is amend-12

ed to read as follows: 13

‘‘(1) ‘affected area’ means— 14

‘‘(A) except as provided under subpara-15

graphs (B) and (C), Arizona, Colorado, Idaho, 16

Montana, Nevada, New Mexico, and Utah; 17

‘‘(B) with respect to a claim by an indi-18

vidual under subsection (a)(1)(A)(i)(III) or 19

(a)(2)(C), only New Mexico; and 20

‘‘(C) with respect to a claim by an indi-21

vidual under subsection (a)(1)(A)(i)(IV) or 22

(a)(2)(D), only Guam.’’. 23


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SEC. 5. CLAIMS RELATING TO URANIUM MINING. 1

(a) EMPLOYEES OF MINES AND MILLS.—Section 2

5(a)(1)(A)(i) is amended— 3

(1) by inserting ‘‘(I)’’ after ‘‘(i)’’; 4

(2) by striking ‘‘December 31, 1971; and’’ and 5

inserting ‘‘December 31, 1990; or’’; and 6

(3) by adding at the end the following: 7

‘‘(II) was employed as a core driller in 8

a State referred to in subclause (I) during 9

the period described in such subclause; 10

and’’. 11

(b) MINERS.—Section 5(a)(1)(A)(ii)(I) is amended 12

by inserting ‘‘or renal cancer or any other chronic renal 13

disease, including nephritis and kidney tubal tissue in-14

jury’’ after ‘‘nonmalignant respiratory disease’’. 15

(c) MILLERS, CORE DRILLERS, AND ORE TRANS-16

PORTERS.—Section 5(a)(1)(A)(ii)(II) is amended— 17

(1) by inserting ‘‘, core driller,’’ after ‘‘was a 18

miller’’; 19

(2) by inserting ‘‘(I)’’ after ‘‘clause (i)’’; and 20

(3) by striking all that follows ‘‘nonmalignant 21

respiratory disease’’ and inserting ‘‘or renal cancer 22

or any other chronic renal disease, including nephri-23

tis and kidney tubal tissue injury; or’’. 24

(d) COMBINED WORK HISTORIES.—Section 25

5(a)(1)(A)(ii) is further amended— 26


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(1) by striking ‘‘or’’ at the end of subclause (I); 1

and 2


‘‘(III)(aa) does not meet the condi-4

tions of subclause (I) or (II); 5

‘‘(bb) worked, during the period de-6

scribed in clause (i)(I), in two or more of 7

the following positions: miner, miller, core 8

driller, and ore transporter; 9

‘‘(cc) meets the requirements of para-10

graph (4) or (5), or both; and 11

‘‘(dd) submits written medical docu-12

mentation that the individual developed 13

lung cancer or a nonmalignant respiratory 14

disease or renal cancer or any other chron-15

ic renal disease, including nephritis and 16

kidney tubal tissue injury after exposure to 17

radiation through work in one or more of 18

the positions referred to in item (bb);’’. 19

(e) DATES OF OPERATION OF URANIUM MINE.—Sec-20

tion 5(a)(2)(A) is amended by striking ‘‘December 31, 21

1971’’ and inserting ‘‘December 31, 1990’’. 22

(f) SPECIAL RULES RELATING TO COMBINED WORK 23

HISTORIES.—Section 5(a) is amended by adding at the 24

end the following: 25


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‘‘(4) SPECIAL RULE RELATING TO COMBINED 1

WORK HISTORIES FOR INDIVIDUALS WITH AT LEAST 2

ONE YEAR OF EXPERIENCE.—An individual meets 3

the requirements of this paragraph if the individual 4

worked in one or more of the positions referred to 5

in paragraph (1)(A)(ii)(III)(bb) for a period of at 6

least one year during the period described in para-7

graph (1)(A)(i)(I). 8

‘‘(5) SPECIAL RULE RELATING TO COMBINED 9

WORK HISTORIES FOR MINERS.—An individual 10

meets the requirements of this paragraph if the indi-11

vidual, during the period described in paragraph 12

(1)(A)(i)(I), worked as a miner and was exposed to 13

such number of working level months of radiation 14

that the Attorney General determines, when com-15

bined with the exposure of such individual to radi-16

ation through work as a miller, core driller, or ore 17

transporter during the period described in paragraph 18

(1)(A)(i)(I), results in such individual being exposed 19

to a total level of radiation that is greater or equal 20

to the level of exposure of an individual described in 21

paragraph (4).’’. 22

(g) DEFINITION OF CORE DRILLER.—Section 5(b) is 23

amended— 24


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(1) by striking ‘‘and’’ at the end of paragraph 1

(7); 2

(2) by striking the period at the end of para-3

graph (8) and inserting ‘‘; and’’; and 4


‘‘(9) the term ‘core driller’ means any indi-6

vidual employed to engage in the act or process of 7

obtaining cylindrical rock samples of uranium or va-8

nadium by means of a borehole drilling machine for 9

the purpose of mining uranium or vanadium.’’. 10

SEC. 6. EXPANSION OF USE OF AFFIDAVITS IN DETERMINA-11

TION OF CLAIMS; REGULATIONS. 12

(a) AFFIDAVITS.—Section 6(b) is amended by adding 13

at the end the following: 14

‘‘(3) AFFIDAVITS.— 15

‘‘(A) EMPLOYMENT HISTORY.—For pur-16

poses of this Act, the Attorney General shall ac-17

cept a written affidavit or declaration as evi-18

dence to substantiate the employment history of 19

an individual as a miner, miller, core driller, or 20

ore transporter if the affidavit— 21

‘‘(i) is provided in addition to other 22

material that may be used to substantiate 23

the employment history of the individual; 24


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‘‘(ii) attests to the employment history 1

of the individual; 2

‘‘(iii) is made subject to penalty for 3

perjury; and 4

‘‘(iv) is made by a person other than 5

the individual filing the claim. 6

‘‘(B) PHYSICAL PRESENCE IN AFFECTED 7

AREA.—For purposes of this Act, the Attorney 8

General shall accept a written affidavit or dec-9

laration as evidence to substantiate an individ-10

ual’s physical presence in an affected area dur-11

ing a period described in section 4(a)(1)(A)(i) 12

or section 4(a)(2) if the affidavit— 13



the individual’s presence in an affected 16

area during that time period; 17

‘‘(ii) attests to the individual’s pres-18

ence in an affected area during that pe-19

riod; 20


perjury; and 22




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‘‘(C) PARTICIPATION AT TESTING SITE.— 1

For purposes of this Act, the Attorney General 2

shall accept a written affidavit or declaration as 3

evidence to substantiate an individual’s partici-4

pation onsite in a test involving the atmospheric 5

detonation of a nuclear device if the affidavit— 6



the individual’s participation onsite in a 9

test involving the atmospheric detonation 10

of a nuclear device; 11

‘‘(ii) attests to the individual’s partici-12

pation onsite in a test involving the atmos-13

pheric detonation of a nuclear device; 14


perjury; and 16



‘‘(D) PARTICIPATION IN CLEANUP.—For 19

purposes of this Act, the Attorney General shall 20

accept a written affidavit or declaration as evi-21

dence to substantiate an individual’s participa-22

tion onsite in the cleanup of Enewetak Atoll 23



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1977, and ending on December 31, 1980, if the 1

affidavit— 2



the individual’s participation onsite in the 5

cleanup of Enewetak Atoll during such pe-6

riod; 7

‘‘(ii) attests to the individual’s partici-8

pation onsite in the cleanup of Enewetak 9

Atoll during such period; 10


perjury; and 12


the individual filing the claim.’’. 14

(b) GUIDELINES FOR ONSITE PARTICIPATION IN 15

CLEANUP OF ENEWETAK ATOLL.—Subparagraph (C) of 16

section 6(b)(2) is amended by striking ‘‘under section 17

4(a)(2)(C)’’ and inserting ‘‘, or in the cleanup of 18

Enewetak Atoll, under section 4(a)(2)(E)’’. 19

(c) TECHNICAL AND CONFORMING AMENDMENTS.— 20

Section 6 is amended— 21

(1) in subsection (c)(2)— 22

(A) in subparagraph (A)— 23

(i) in the first sentence, by striking 24

‘‘subsection (a)(1), (a)(2)(A), or (a)(2)(B) 25


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of section 4’’ and inserting ‘‘subsection 1

(a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or 2

(a)(2)(D) of section 4’’; and 3

(ii) in clause (i), by striking ‘‘sub-4

section (a)(1), (a)(2)(A), or (a)(2)(B) of 5

section 4’’ and inserting ‘‘subsection 6

(a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or 7

(a)(2)(D) of section 4’’; and 8

(B) in subparagraph (B), by striking ‘‘sec-9

tion 4(a)(2)(C)’’ and inserting ‘‘section 10

4(a)(2)(E)’’; 11

(C) by adding ‘‘or in the cleanup of 12

Enewetak Atoll’’ after ‘‘detonation of a nuclear 13

device’’; and 14

(2) in subsection (e)— 15

(A) by striking ‘‘subsection (a)(1), 16

(a)(2)(A), or (a)(2)(B) of section 4’’ and insert-17

ing ‘‘subsection (a)(1), (a)(2)(A), (a)(2)(B), 18

(a)(2)(C), or (a)(2)(D) of section 4’’; and 19

(B) by inserting ‘‘or in the cleanup of 20

Enewetak Atoll’’ after ‘‘detonation of a nuclear 21

device’’. 22

(d) REGULATIONS.—Section 6(k) is amended by add-23

ing at the end the following: ‘‘Not later than 180 days 24

after the date of enactment of the Radiation Exposure 25


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Compensation Act Amendments of 2017, the Attorney 1

General shall issue revised regulations to carry out this 2

Act.’’. 3

SEC. 7. LIMITATION ON CLAIMS. 4

(a) EXTENSION OF FILING TIME.—Section 8(a) is 5

amended— 6

(1) by striking ‘‘22 years’’ and inserting ‘‘19 7

years’’; and 8

(2) by striking ‘‘2000’’ and inserting ‘‘2017’’. 9

(b) RESUBMITTAL OF CLAIMS.—Section 8(b) is 10

amended to read as follows: 11

‘‘(b) RESUBMITTAL OF CLAIMS.— 12

‘‘(1) DENIED CLAIMS.—After the date of enact-13

ment of the Radiation Exposure Compensation Act 14

Amendments of 2017, any claimant who has been 15

denied compensation under this Act may resubmit a 16

claim for consideration by the Attorney General in 17

accordance with this Act not more than three times. 18

Any resubmittal made before the date of the enact-19

ment of the Radiation Exposure Compensation Act 20

Amendments of 2017 shall not be applied to the lim-21

itation under the preceding sentence. 22

‘‘(2) PREVIOUSLY SUCCESSFUL CLAIMS.— 23

‘‘(A) IN GENERAL.—After the date of en-24

actment of the Radiation Exposure Compensa-25


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tion Act Amendments of 2017, any claimant 1

who received compensation under this Act may 2

submit a request to the Attorney General for 3

additional compensation and benefits. Such re-4

quest shall contain— 5

‘‘(i) the claimant’s name, social secu-6

rity number, and date of birth; 7

‘‘(ii) the amount of award received 8

under this Act before the date of enact-9

ment of the Radiation Exposure Com-10

pensation Act Amendments of 2017; 11

‘‘(iii) any additional benefits and com-12

pensation sought through such request; 13

and 14

‘‘(iv) any additional information re-15

quired by the Attorney General. 16

‘‘(B) ADDITIONAL COMPENSATION.—If the 17

claimant received compensation under this Act 18

before the date of enactment of the Radiation 19

Exposure Compensation Act Amendments of 20

2017 and submits a request under subpara-21

graph (A), the Attorney General shall— 22

‘‘(i) pay the claimant the amount that 23

is equal to any excess of— 24


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‘‘(I) the amount the claimant is 1

eligible to receive under this Act (as 2

amended by the Radiation Exposure 3

Compensation Act Amendments of 4

2017); minus 5

‘‘(II) the aggregate amount paid 6

to the claimant under this Act before 7

the date of enactment of the Radi-8

ation Exposure Compensation Act 9

Amendments of 2017; and 10

‘‘(ii) in any case in which the claimant 11

was compensated under section 4, provide 12

the claimant with medical benefits under 13

section 4(a)(5).’’. 14

SEC. 8. ATTORNEYS FEES. 15

Section 9(b)(1) is amended by striking ‘‘2 percent’’ 16

and inserting ‘‘10 percent’’. 17

SEC. 9. GRANT PROGRAM ON EPIDEMIOLOGICAL IMPACTS 18

OF URANIUM MINING AND MILLING. 19

(a) DEFINITIONS.—In this section— 20

(1) the term ‘‘institution of higher education’’ 21

has the meaning given under section 101 of the 22

Higher Education Act of 1965 (20 U.S.C. 1001); 23

(2) the term ‘‘program’’ means the grant pro-24

gram established under subsection (b); and 25


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(3) the term ‘‘Secretary’’ means the Secretary 1

of Health and Human Services. 2

(b) ESTABLISHMENT.—The Secretary shall establish 3

a grant program relating to the epidemiological impacts 4

of uranium mining and milling. Grants awarded under the 5

program shall be used for the study of the epidemiological 6

impacts of uranium mining and milling among non-occu-7

pationally exposed individuals, including family members 8

of uranium miners and millers. 9

(c) ADMINISTRATION.—The Secretary shall admin-10

ister the program through the National Institute of Envi-11

ronmental Health Sciences. 12

(d) ELIGIBILITY AND APPLICATION.—Any institution 13

of higher education or nonprofit private entity shall be eli-14

gible to apply for a grant. To apply for a grant an eligible 15

institution or entity shall submit to the Secretary an appli-16

cation at such time, in such manner, and containing or 17

accompanied by such information as the Secretary may 18

reasonably require. 19

(e) AUTHORIZATION OF APPROPRIATIONS.—There 20

are authorized to be appropriated to carry out this section 21

$3,000,000 for each of fiscal years 2017 through 2021. 22


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SEC. 10. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 1

COMPENSATION PROGRAM. 2

(a) COVERED EMPLOYEES WITH CANCER.—Section 3

3621(9) of the Energy Employees Occupational Illness 4

Compensation Program Act of 2000 (42 U.S.C. 7384l(9)) 5

is amended by striking subparagraph (A) and inserting 6

the following: 7

‘‘(A) An individual with a specified cancer 8

who is a member of the Special Exposure Co-9

hort, if and only if— 10

‘‘(i) that individual contracted that 11

specified cancer after beginning employ-12

ment at a Department of Energy facility 13

(in the case of a Department of Energy 14

employee or Department of Energy con-15

tractor employee) or at an atomic weapons 16

employer facility (in the case of an atomic 17

weapons employee); or 18

‘‘(ii) that individual— 19

‘‘(I) contracted that specified 20

cancer after beginning employment in 21

a uranium mine or uranium mill de-22

scribed under section 5(a)(1)(A)(i) of 23

the Radiation Exposure Compensation 24

Act (42 U.S.C. 2210 note) (including 25

any individual who was employed in 26


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core drilling or the transport of ura-1

nium ore or vanadium-uranium ore 2

from such mine or mill) located in 3

Colorado, New Mexico, Arizona, Wyo-4

ming, South Dakota, Washington, 5

Utah, Idaho, North Dakota, Oregon, 6

Texas, or any State the Attorney Gen-7

eral makes a determination under sec-8

tion 5(a)(2) of that Act for inclusion 9

of eligibility under section 5(a)(1) of 10

that Act; and 11

‘‘(II) was employed in a uranium 12

mine or uranium mill described under 13

subclause (I) (including any individual 14

who was employed in core drilling or 15

the transport of uranium ore or vana-16

dium-uranium ore from such mine or 17

mill) at any time during the period 18

beginning on January 1, 1942, and 19

ending on December 31, 1990.’’. 20

(b) MEMBERS OF SPECIAL EXPOSURE COHORT.— 21

Section 3626 of the Energy Employees Occupational Ill-22

ness Compensation Program Act of 2000 (42 U.S.C. 23

7384q) is amended— 24


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(1) in subsection (a), by striking paragraph (1) 1

and inserting the following: 2

‘‘(1) The Advisory Board on Radiation and 3

Worker Health under section 3624 shall advise the 4

President whether there is a class of employees— 5

‘‘(A) at any Department of Energy facility 6

who likely were exposed to radiation at that fa-7

cility but for whom it is not feasible to estimate 8

with sufficient accuracy the radiation dose they 9

received; or 10

‘‘(B) employed in a uranium mine or ura-11

nium mill described under section 5(a)(1)(A)(i) 12

of the Radiation Exposure Compensation Act 13

(42 U.S.C. 2210 note) (including any individual 14

who was employed in core drilling or the trans-15

port of uranium ore or vanadium-uranium ore 16

from such mine or mill) located in Colorado, 17

New Mexico, Arizona, Wyoming, South Dakota, 18

Washington, Utah, Idaho, North Dakota, Or-19

egon, Texas, and any State the Attorney Gen-20

eral makes a determination under section 21

5(a)(2) of that Act for inclusion of eligibility 22

under section 5(a)(1) of that Act, at any time 23


1942, and ending on December 31, 1990, who 25


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•HR 2049 IH

likely were exposed to radiation at that mine or 1

mill but for whom it is not feasible to estimate 2

with sufficient accuracy the radiation dose they 3

received.’’; and 4

(2) by striking subsection (b) and inserting the 5

following: 6

‘‘(b) DESIGNATION OF ADDITIONAL MEMBERS.— 7

‘‘(1) Subject to the provisions of section 8

3621(14)(C), the members of a class of employees at 9

a Department of Energy facility, or at an atomic 10

weapons employer facility, may be treated as mem-11

bers of the Special Exposure Cohort for purposes of 12

the compensation program if the President, upon 13

recommendation of the Advisory Board on Radiation 14

and Worker Health, determines that— 15

‘‘(A) it is not feasible to estimate with suf-16

ficient accuracy the radiation dose that the 17

class received; and 18

‘‘(B) there is a reasonable likelihood that 19

such radiation dose may have endangered the 20

health of members of the class. 21

‘‘(2) Subject to the provisions of section 22

3621(14)(C), the members of a class of employees 23

employed in a uranium mine or uranium mill de-24

scribed under section 5(a)(1)(A)(i) of the Radiation 25


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•HR 2049 IH

Exposure Compensation Act (42 U.S.C. 2210 note) 1

(including any individual who was employed in core 2

drilling or the transport of uranium ore or vana-3

dium-uranium ore from such mine or mill) located in 4

Colorado, New Mexico, Arizona, Wyoming, South 5

Dakota, Washington, Utah, Idaho, North Dakota, 6

Oregon, Texas, and any State the Attorney General 7

makes a determination under section 5(a)(2) of that 8

Act for inclusion of eligibility under section 5(a)(1) 9

of that Act, at any time during the period beginning 10

on January 1, 1942, and ending on December 31, 11

1990, may be treated as members of the Special Ex-12

posure Cohort for purposes of the compensation pro-13

gram if the President, upon recommendation of the 14

Advisory Board on Radiation and Worker Health, 15

determines that— 16

‘‘(A) it is not feasible to estimate with suf-17

ficient accuracy the radiation dose that the 18

class received; and 19

‘‘(B) there is a reasonable likelihood that 20

such radiation dose may have endangered the 21

health of members of the class.’’. 22

Æ


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TH ST CONGRESS SESSION H. R. 2049 · 2017. 5. 3. · I 115TH CONGRESS 1ST SESSION H. R. 2049 To...

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