[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3539 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3539

To amend the Radiation Exposure Compensation Act to provide for payment 
 of compensation to individuals exposed to radiation as the result of 
 working in uranium mines and mills which provided uranium for the use 
  and benefit of the United States Government, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 1998

  Mr. Redmond (for himself, Mr. Skeen, and Mr. Schiff) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Radiation Exposure Compensation Act to provide for payment 
 of compensation to individuals exposed to radiation as the result of 
 working in uranium mines and mills which provided uranium for the use 
  and benefit of the United States Government, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Radiation Workers 
Justice Act of 1998''.
    (b) Reference.--Whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the Radiation Exposure Compensation Act.
    (c) Findings.--In amending the Radiation Exposure Compensation Act, 
the Congress finds that--
            (1) since the passage of the Radiation Exposure 
        Compensation Act in 1990, additional scientific information has 
        become available to support the view that criteria imposed upon 
        qualifications for compensation for uranium miners are too 
        restrictive and exclude individuals who have suffered injury as 
        a result of work performed for the use and benefit of the 
        United States Government;
            (2) documentation requirements to provide a reconstruction 
        of a uranium miner's work history and radiation exposure in 
        order to qualify for compensation have proved too burdensome 
        and unfair and are thus is in need of modification;
            (3) miners working in aboveground uranium mines and uranium 
        millers should be provided compensation similar to that for 
        underground uranium miners where such individuals have suffered 
        injury and death as a result of work performed for the primary 
        use and benefit of the United States Government; and
            (4) compensation should be provided to uranium miners whose 
        constitutional rights were violated as a result of their having 
        been, without their knowledge or consent, intentionally placed 
        at unnecessary risk and subsequently studied under false 
        pretenses by United States public health officials and other 
        agencies of the Federal Government.

SEC. 2. TRUST FUND.

    Section 3(d) is amended by striking ``of this Act'' and inserting 
``of the Radiation Workers Justice Act of 1998''.

SEC. 3. AFFECTED AREA.

    Section 4(b)(1) is amended by striking ``and'' at the end of 
subparagraph (B) and by adding after subparagraph (C) the following:
                    ``(D) those parts of Arizona, Utah, and New Mexico 
                comprising the Navajo Nation Reservation which were 
                subjected to fallout from nuclear weapons testing 
                conducted in Nevada; and''.

SEC. 4. URANIUM MINING AND MILLING.

    (a) Milling.--Section 5 is amended--
            (1) in the section heading by adding ``or milling'' after 
        ``uranium mining''; and
            (2) in subsection (a), by inserting after ``Utah'' the 
        following: ``or any other State in which uranium was mined or 
        milled''.
    (b) Mines.--Section 5(a) is amended by striking ``a uranium mine'' 
and inserting ``a uranium mine, including a mine located above ground 
and an open pit mine in which uranium miners worked, or a uranium 
mill''.
    (c) Dates.--Section 5(a) is amended by striking ``January 1, 1947, 
and ending on December 31, 1971'' and inserting ``January 1, 1942, and 
ending on December 31, 1990''.
    (d) Redefinition of Period of Exposure, Expansion of Coverage, 
Increase in Compensation Awards, and Removal of Smoking Distinction.--
Section 5(a) is amended by striking paragraph (1) and all that follows 
through clause (ii) and inserting:
            ``(1) was exposed to 40 or more working level months of 
        radiation or worked in such uranium mines or mills for a period 
        of at least one year and submits written medical documentation 
that such individual, after such exposure, developed lung cancer, or
            ``(2) was exposed to 40 or more working level months of 
        radiation or worked in such uranium mines or mills for a period 
        of at least one year and submits written medical documentation 
        that such individual, after such exposure, developed a 
        nonmalignant respiratory disease or other medical condition 
        associated with uranium mining or milling,
shall receive up to $200,000 if the claim for such payment is filed 
with the Attorney General by or on behalf of such individual and the 
Attorney General determines, in accordance with section 6, that the 
claim meets the requirements of this Act. Payments under made under 
this subsection may be made only in accordance with section 6.''.
    (e) Claims Related to Human Use Research, Other Work-Related Death 
Claims.--Section 5 is amended by redesignating subsection (b), as 
amended by subsection (a)(3), as subsection (d) and by inserting after 
subsection (a) the following:
    ``(b) Claims Relating to Human Use Research and Death Resulting 
From Nonradiological Causes.--Any individual who was employed in a 
uranium mine or mill located in any State referred to in subsection (a) 
at any time during the period referred to therein, and who--
            ``(1) in the course of such employment, without the 
        individual's knowledge or informed consent, was intentionally 
        exposed to radiation for purposes of testing, research, study, 
        or experimentation by the Federal Government or any agency 
        thereof to determine the effects of such exposure on the human 
        body, or
            ``(2) suffered death, not otherwise compensable under 
        subsection (a), arising out of or in the course of the 
        individual's employment,
shall receive $50,000, if the claim for such payment is filed with the 
Attorney General by or on behalf of such individual and the Attorney 
General determines, in accordance with section 6, that the claim meets 
the requirements of this Act. Payments under this subsection may be 
made only in accordance with section 6.''.
    (f) Other Injury or Disability.--Section 5 (as amended by 
subsection (e)) is amended by adding after subsection (b) the 
following:
    ``(c) Other Injury or Disability.--Any individual who was employed 
in a uranium mine or mill located in any State referred to in 
subsection (a) at any time during the period referred to therein, and 
who submits written medical documentation that such individual suffered 
injury or disability, not otherwise compensable under subsection (a), 
arising out of or in the course of the individual's employment, shall 
receive $20,000, if the claim for such payment is filed with the 
Attorney General by or on behalf of such individual and the Attorney 
General determines, in accordance with section 6, that the claim meets 
the requirements of this Act. Payments under this subsection may be 
made only in accordance with section 6.''.
    (g) Definitions.--Subsection (d) (as so redesignated) of section 5 
is amended--
            (1) in paragraph (1) by striking ``radiation exposure'' and 
        inserting ``exposure to radon and radon progeny'', and by 
        inserting after ``every work day for a month,'' the following: 
        ``based on a 6-day workweek,'';
            (2) paragraph (2) is amended to read as follows:
            ``(2) the term `working level' means the concentration of 
        the short half-life daughters (progeny) of radon that will 
        release (1.3 x 10<SUP>5</SUP>) million electron volts of alpha 
        energy per liter of air;'';
            (3) by striking paragraphs (3) and (4), and by adding after 
        paragraph (2) the following:
            ``(3) the term `nonmalignant respiratory disease' means 
        fibrosis of the lung, pulmonary fibrosis, corpulmonale related 
        to pulmonary fibrosis, or moderate or severe silicosis or 
        pneumoconiosis;
            ``(4) the term `affected 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 Native Americans, whose people 
        engaged in uranium mining or milling or where uranium mining or 
        milling was conducted;
            ``(5) the term `lung cancer' means any physiological 
        condition of the lung, trachea, and bronchus that is recognized 
        under that name or nomenclature by the National Cancer 
        Institute, including in situ cancers;
            ``(6) 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;
            ``(7) the term `uranium mill' includes milling operations 
        involving the processing of uranium ore or vanadium-uranium 
        ore, including both carbonate and acid leach plants;
            ``(8) the term `course of employment' means and shall 
        include any period of employment in either a uranium mine or 
        uranium mill either prior to or after December 31, 1971, or the 
        cumulative period of employment in both a uranium mine and mill 
        should the individual have been employed in both;
            ``(9) the term `written medical documentation' for purposes 
        of proving a nonmalignant respiratory disease means, where the 
        claimant is alive--
                    ``(A) a chest x-ray administered in accordance with 
                standard techniques and the interpretive reports 
                thereof by 2 certified `B' readers classifying the 
                existence of the nonmalignant respiratory disease of 
                category 1/0 or higher according to the ILO 1989, or 
                subsequent revisions;
                    ``(B) high resolution computed tomography scans and 
                interpretive reports thereof;
                    ``(C) pathology reports of tissue biopsies;
                    ``(D) pulmonary function tests indicating a 20 
                percent or more reduction in lung function as defined 
                by the American Thoracic Society; or
                    ``(E) an arterial blood gas study; and
            ``(10) the term `other medical condition associated with 
        uranium mining or milling' means any medical condition 
        associated with exposure to radiation, heavy metals, chemicals, 
        or other toxic substances to which miners and millers are 
        exposed in the mining and milling of uranium.''.

SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS.

    (a) Determination and Payment of Claims, Generally.--Section 6 is 
amended--
            (1) in subsection (b)(1), by adding at the end the 
        following: ``All reasonable doubt with regard to whether a 
        claim meets the requirements of this Act shall be resolved in 
        favor of the claimant.'';
            (2) by redesignating paragraph (2) of subsection (b) as 
        paragraph (5) and by inserting after paragraph (1) the 
        following:
            ``(2) Evidence.--In support of a claim for compensation 
        under section 5 of this Act, the Attorney General shall permit 
        the introduction of, and a claimant may use and rely upon, 
        affidavits and other documentary evidence, including medical 
        evidence, to the same extent as permitted by the Federal Rules 
        of Evidence.
            ``(3) Interpretation of radiographs.--Where radiographs are 
        required in support of a claim under section 5(a), the 
        submission by claimant of interpretive reports thereof by at 
        least 2 certified `B' readers shall be considered conclusive. 
        To ensure the proper interpretation of radiographs by `B' 
        readers, the Attorney General may establish a fair and random 
        audit procedure.'';
            (3) in subsection (c)(2)(A)(ii), by inserting after 
        ``uranium mine'' the following: ``or uranium mill'';
            (4) in subsection (c)(2)(B)(ii), by striking ``by the 
        Federal Government'' and inserting ``through the Department of 
        Veterans Affairs'';
            (5) in subsection (d), by inserting at the end the 
        following: ``For purposes of determining when the 12 month 
        period has run, a claim under this Act shall be deemed filed as 
        of the date of its receipt by the Attorney General. In the 
        event of the denial of a claim, the claimant shall be permitted 
        a reasonable period in which to seek administrative review of 
        the denial by the Attorney General. The Attorney General shall 
        make a final determination with respect to any administrative 
        review within 90 days of the receipt of the claimant's request 
        for such review. In the event the Attorney General fails to 
        render a determination within 12 months, the claim shall be 
        deemed awarded as a matter of law and paid.'';
            (6) in subsection (e), by inserting after ``uranium mine'' 
        the following: ``or uranium mill'';
            (7) in subsection (k), by inserting after ``this Act'' each 
        place it occurs the following: ``or any subsequent amendment to 
        this Act''; and
            (8) in subsection (l), by adding at the end the following: 
        ``In the event the reviewing court sets aside the denial of a 
        claim under this Act as unlawful, the court shall award 
        claimant reasonable attorney's fees and costs incurred with 
        respect to the court's review. In the event that claimant 
        subsequently prevails upon remand on the claimant's claim, 
        claimant shall be awarded 8 percent per annum on the claimant's 
        claim from the date of the original denial of the claim. 
        Attorney's fees, costs, and interest awarded pursuant to this 
        section shall be considered costs incurred by the Attorney 
        General and shall not be paid from the Fund, or set off 
        against, or otherwise deducted from, any payment under this 
        section to a claimant.''.
    (b) Furtherance of Special Trust Responsibility to Affected Indian 
Tribes; Self-Determination Program Election.--In furtherance of, and 
consistent with, the trust responsibility of the United States to 
Native American uranium workers recognized by the Congress upon 
adoption of the Radiation Exposure Compensation Act in 1990, section 6 
(as amended by subsection (a)) is amended--
            (1) in subsection (a), by adding at the end the following: 
        ``Any such procedures shall take into consideration and 
        incorporate, to the fullest extent feasible, Native American 
        law, tradition, and custom with respect to the submission and 
        processing of claims by Native Americans.'';
            (2) in subsection (b), by adding after paragraph (3) the 
        following:
            ``(4) Pulmonary function standards.--In determining the 
        pulmonary impairment of a claimant, the Attorney General shall 
        evaluate the degree of impairment based on ethnic-specific 
        pulmonary function standards.'';
            (3) in subsection (b)(5), by striking ``and'' at the end of 
        subparagraph (B), by striking the period at the end of 
        subparagraph (C) and inserting ``; and'', and by inserting 
        after subparagraph (C) the following:
                    ``(D) in consultation with any affected Indian 
                tribe, establish guidelines for the determination of 
                claims filed by Native American uranium miners and 
                millers pursuant to section 5.'';
            (4) by adding after paragraph (5) of subsection (b) the 
        following:
            ``(6) Self-determination program election.--
                    ``(A) The Attorney General is authorized, upon the 
                request of any affected Indian tribe by tribal 
                resolution, to enter into a self-determination contract 
                or contracts pursuant to the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450 et seq.) 
                with a tribal organization of any such Indian tribe to 
                plan, conduct, and administer the disposition and award 
                of claims under this Act insofar as members of the 
                affected Indian tribe are concerned.
                    ``(B) Upon request of an affected Indian tribe to 
                enter into such a self-determination contract, the 
                Attorney General shall approve or reject the request 
                pursuant to and consistent with section 102 of such Act 
                (25 U.S.C. 450f). Such Act shall govern in all respects 
                both as to the approval and subsequent implementation 
                of the self-determination contract or in the event the 
                request for such contract is rejected.
                    ``(C) Notwithstanding any other provision of law, 
                funds authorized for use by the Attorney General to 
                carry out the Attorney General's functions under 
                section 6(i) are eligible for the planning, training, 
                implementation, and administration of any self-
                determination contract entered into with an affected 
                Indian tribe pursuant to this section.''; and
            (5) in subsection (c)(4), by adding at the end the 
        following:
                    ``(D) Application of native american law.--In 
                determining those individuals eligible to receive 
                compensation by virtue of marriage, relationship, or 
                survivorship, such determination shall take into 
                consideration and give effect to established law, 
                tradition, and custom of the particular affected Indian 
                tribe.''.

SEC. 6. CHOICE OF REMEDIES.

    Section 7(b) is amended to read as follows:
    ``(b) Choice of Remedies.--Payment of an award under any provision 
of this Act does not preclude payment of an award under any other 
provision of this Act, except that no individual may receive more than 
1 award payment for any compensable cancer or other compensable 
disease.''.

SEC. 7. LIMITATION ON CLAIMS; RETROACTIVE APPLICATION OF AMENDMENTS.

    Section 8 is amended to read as follows:--

``SEC. 8. LIMITATION ON CLAIMS.

    ``(a) Bar.--A claim to which this Act applies shall be barred 
unless the claim is filed within 20 years of the date of the enactment 
of the Radiation Workers Justice Act of 1998.
    ``(b) Amendments.--The amendments made by the Radiation Workers 
Justice Act of 1998 shall be retroactive to October 5, 1990. The 
amendments shall apply to any claim filed under this Act, whether 
accrued before or after the date of enactment of such Act, regardless 
of whether such claim may have been previously awarded as the result of 
previous filing and prior payment under this Act.''.
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