Sec. 5. CLAIMS RELATING TO URANIUM MINING
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## SEC. 5 CLAIMS RELATING TO URANIUM MINING ###
(a)Eligibility of Individuals ####
(1)In general An individual shall receive $100,000 for a claim made under this Act if— #####
(A)that individual— ######
(i)######
(I)was employed in a uranium mine or uranium mill (including any individual who was employed in 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, or Texas at any time during the period beginning on January 1, 1942, and ending on December 31, 1990; or ######
(II)was employed as a core driller in a State referred to in subclause
(I)during the period described in such subclause; and ######
(ii)######
(I)was a miner exposed to 40 or more working level months of radiation or worked for at least 1 year during the period described under clause
(i)and submits written medical documentation that the individual, after that exposure, developed lung cancer or a nonmalignant respiratory disease or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury; ######
(II)was a miller, core driller, or ore transporter, or was involved in remediation efforts at such a uranium mine or uranium mill, who worked for at least 1 year during the period described under clause (i)(I) and submits written medical documentation that the individual, after that exposure, developed lung cancer or a nonmalignant respiratory disease or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury; or ###### (III)3 ######
(aa)does not meet the conditions of subclause
(I)or (II); ######
(bb)worked, during the period described in clause (i)(I), in 2 or more of the following positions: miner, miller, core driller, and ore transporter; ######
(cc)meets the requirements under paragraph
(4)or (5); and ######
(dd)submits written medical documentation that the individual developed lung cancer, a nonmalignant respiratory disease, 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); 3Margin so in law. See amendment in section 100203(d)(2) of Public Law 119-21. #####
(B)the claim for that payment is filed with the Attorney General by or on behalf of that individual; and #####
(C)the Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act. ####
(2)Inclusion of additional states Paragraph (1)(A)(i) shall apply to a State, in addition to the States named under such clause, if— #####
(A)a uranium mine was operated in such State at any time during the period beginning on January 1, 1942, and ending on December 31, 1971; #####
(B)the State submits an application to the Department of Justice to include such State; and #####
(C)the Attorney General makes a determination to include such State. ####
(3)Payment requirement Each payment under this section may be made only in accordance with section 6. ####
(4)Special rule relating to combined work histories for individuals with at least one year of experience An individual meets the requirements under this paragraph if the individual worked in one or more of the positions referred to in paragraph (1)(A)(ii)(III)(bb) for a period of at least one year during the period described in paragraph (1)(A)(i)(I). ####
(5)Special rule relating to combined work histories for miners An individual meets the requirements of this paragraph if the individual, during the period described in paragraph (1)(A)(i)(I), worked as a miner and was exposed to such number of working level months 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). ###
(b)Definitions For purposes of this section— ####
(1)the term “**working level month of radiation**” means radiation exposure at the level of one working level every work day for a month, or an equivalent exposure over a greater or lesser amount of time; ####
(2)the term “**working level**” means the concentration of the short half-life daughters of radon that will release (1.3×105) million electron volts of alpha energy per liter of air; ####
(3)the term “**nonmalignant respiratory disease**” means fibrosis of the lung, pulmonary fibrosis, corpulmonale related to fibrosis of the lung, silicosis, and pneumoconiosis; ####
(4)the term “**Indian tribe**” means any Indian tribe, band, nation, pueblo, or other organized group or community, that is recognized as eligible for special programs and services provided by the United States to Indian tribes because of their status as Indians; ####
(5)the term “**written medical documentation**” for purposes of proving a nonmalignant respiratory disease means, in any case in which the claimant is living— #####
(A)######
(i)an arterial blood gas study; or ######
(ii)a written diagnosis by a physician meeting the requirements of subsection (c)(1); and #####
(B)######
(i)a chest x-ray administered in accordance with standard techniques and the interpretive reports of a maximum of two National Institute of Occupational Health and Safety certified “B” readers classifying the existence of the nonmalignant respiratory disease of category 1/0 or higher according to a 1989 report of the International Labor Office (known as the “ILO”), or subsequent revisions; ######
(ii)high resolution computed tomography scans (commonly known as “HRCT scans”) (including computer assisted tomography scans (commonly known as “CAT scans”), magnetic resonance imaging scans (commonly known as “MRI scans”), and positron emission tomography scans (commonly known as “PET scans”)) and interpretive reports of such scans; ######
(iii)pathology reports of tissue biopsies; or ######
(iv)pulmonary function tests indicating restrictive lung function, as defined by the American Thoracic Society; ####
(6)the term “**lung cancer**”— #####
(A)means any physiological condition of the lung, trachea, or bronchus that is recognized as lung cancer by the National Cancer Institute; and #####
(B)includes in situ lung cancers; ####
(7)the term “**uranium mine**” means any underground excavation, including “dog holes”, as well as open pit, strip, rim, surface, or other aboveground mines, where uranium ore or vanadium-uranium ore was mined or otherwise extracted; ####
(8)the term “**uranium mill**” includes milling operations involving the processing of uranium ore or vanadium-uranium ore, including both carbonate and acid leach plants; and ####
(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. ###
(c)Written Documentation ####
(1)Diagnosis alternative to arterial blood gas study #####
(A)In general For purposes of this Act, the written diagnosis and the accompanying interpretive reports described in subsection (b)(5)(A) shall— ######
(i)be considered to be conclusive; and ######
(ii)be subject to a fair and random audit procedure established by the Attorney General. #####
(B)Certain written diagnoses ######
(i)In general For purposes of this Act, a written diagnosis made by a physician described under clause
(ii)of a nonmalignant pulmonary disease of a claimant that is accompanied by written documentation shall be considered to be conclusive evidence of that disease. ######
(ii)Description of physicians A physician referred to under clause
(i)is a physician who— ######
(I)is employed by the Indian Health Service or the Department of Veterans Affairs; or ######
(II)is a board certified physician; and ######
(III)has a documented ongoing physician patient relationship with the claimant. ####
(2)Chest x-rays #####
(A)In general For purposes of this Act, a chest x-ray and the accompanying interpretive reports described in subsection (b)(5)(B) shall— ######
(i)be considered to be conclusive; and ######
(ii)be subject to a fair and random audit procedure established by the Attorney General. #####
(B)Certain written diagnoses ######
(i)In general For purposes of this Act, a written diagnosis made by a physician described in clause
(ii)of a nonmalignant pulmonary disease of a claimant that is accompanied by written documentation that meets the definition of that term under subsection (b)(5) shall be considered to be conclusive evidence of that disease. ######
(ii)Description of physicians A physician referred to under clause
(i)is a physician who— ######
(I)is employed by— ######
(aa)the Indian Health Service; or ######
(bb)the Department of Veterans Affairs; and ######
(II)has a documented ongoing physician patient relationship with the claimant.
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Sec. 5
CLAIMS RELATING TO URANIUM MINING
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