[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2343 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2343

To amend the Radiation Exposure Compensation Act to provide for partial 
   restitution to individuals who worked in uranium mines, mills, or 
transport which provided uranium for the use and benefit of the United 
               States Government, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 1998

 Mr. Bingaman introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Radiation Exposure Compensation Act to provide for partial 
   restitution to individuals who worked in uranium mines, mills, or 
transport 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; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Radiation Exposure 
Compensation Improvement Act''.
    (b) Findings.--Congress finds the following:
            (1) The intent of the Radiation Exposure Compensation Act 
        (42 U.S.C. 2210 note), enacted in 1990, was to apologize to 
        victims of the weapons program of the Federal Government, but 
        uranium workers who have applied for compensation under the Act 
        have faced a disturbing number of challenges.
            (2) The congressional oversight hearing conducted by the 
        Committee on Labor and Human Resources of the Senate has shown 
        that since passage of the Radiation Exposure Compensation Act, 
        former uranium workers and their families have not received 
        prompt and efficient compensation.
            (3) There is no plausible justification for the Federal 
        Government's failure to warn and protect the lives and health 
        of uranium workers.
            (4) Progress on implementing the Radiation Exposure 
        Compensation Act has been impeded by criteria for compensation 
        that is far more stringent than for other groups for which 
        compensation is provided.
            (5) The President's Advisory Committee on Human Radiation 
        Experiments recommended that amendments to the Radiation 
        Exposure Compensation should be made.
            (6) Uranium millers, aboveground miners, and individuals 
        who transported uranium ore should be provided compensation 
        that is similar to that provided for underground uranium miners 
        in cases in which those individuals suffered disease or 
        resultant death as a result of the failure of the Federal 
        Government to warn of health hazards.

SEC. 2. TRUST FUND.

    Section 3(d) of the Radiation Exposure Compensation Act (42 U.S.C. 
2210 note) is amended by striking ``of this Act'' and inserting ``of 
the Radiation Exposure Compensation Improvement Act''.

SEC. 3. AFFECTED AREA; CLAIMS RELATING TO SPECIFIED DISEASES.

    (a) Affected Area.--Section 4(b)(1) of the Radiation Exposure 
Compensation Act (42 U.S.C. 2210 note) is amended--
            (1) by striking ``and'' at the end of subparagraph (B); and
            (2) by adding at the end the following:
                    ``(D) those parts of Arizona, Utah, and New Mexico 
                comprising the Navajo Nation Reservation that were 
                subjected to fallout from nuclear weapons testing 
                conducted in Nevada; and''.
    (b) Claims Relating to Specified Diseases.--Section 4(b)(2) of the 
Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended--
            (1) by striking ``the onset of the disease was between 2 
        and 30 years of first exposure,'' and inserting ``the onset of 
        the disease was at least 2 years after first exposure, lung 
        cancer (other than in situ lung cancer that is discovered 
        during or after a post-mortem exam),'';
            (2) by striking ``(provided initial exposure occurred by 
        the age of 20)'' after ``thyroid'';
            (3) by inserting ``male or'' before ``female breast'';
            (4) by striking ``(provided initial exposure occurred prior 
        to age 40)'' after ``female breast'';
            (5) by striking ``(provided low alcohol consumption and not 
        a heavy smoker)'' after ``esophagus'';
            (6) by striking ``(provided initial exposure occurred 
        before age 30)'' after ``stomach'';
            (7) by striking ``(provided not a heavy smoker)'' after 
        ``pharynx'';
            (8) by striking ``(provided not a heavy smoker and low 
        coffee consumption)'' after ``pancreas'';
            (9) by inserting ``salivary gland, urinary bladder, brain, 
        colon, ovary,'' after ``gall bladder,''; and
            (10) by inserting before the period at the end the 
        following: ``, and chronic lymphocytic leukemia''.

SEC. 4. URANIUM MINING AND MILLING AND TRANSPORT.

    (a) Amendment to Heading.--Section 5 of the Radiation Exposure 
Compensation Act (42 U.S.C. 2210 note) is amended by striking the 
section heading and inserting the following:

``SEC. 5. CLAIMS RELATING TO URANIUM MINING OR MILLING OR TRANSPORT.''.

    (b) Milling.--Section 5(a) of the Radiation Exposure Compensation 
Act (42 U.S.C. 2210 note) is amended--
            (1) by striking ``Any'' and inserting ``Any individual who 
        was employed to transport or handle uranium ore or any''; and
            (2) by inserting ``or in any other State in which uranium 
        was mined, milled, or transported'' after ``Utah''.
    (c) Mines.--Section 5(a) of the Radiation Exposure Compensation Act 
(42 U.S.C. 2210 note), as amended by subsection (a) of this section, is 
amended by striking ``a uranium mine'' and inserting ``a uranium mine 
(including a mine located aboveground or an open pit mine in which 
uranium miners worked, or a uranium mill)''.
    (d) Dates.--Section 5(a) of the Radiation Exposure Compensation Act 
(42 U.S.C. 2210 note), as amended by subsections (b) and (c) of this 
section, is amended by striking ``January 1, 1947, and ending on 
December 31, 1971'' and inserting ``January 1, 1942, and ending on 
December 31, 1990''.
    (e) Amendment of Period of Exposure; Expansion of Coverage; 
Increase in Compensation Awards; and Removal of Smoking Distinction.--
Section 5(a) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 
note), as amended by subsections (b) through (d) of this section, is 
amended--
            (1) by striking paragraph (1) and all that follows through 
        the end of the subsection and inserting the following:
            ``(2) Compensation.--Any individual shall receive $200,000 
        for a claim made under this Act if--
                    ``(A) that individual--
                            ``(i) was exposed to 40 or more working 
                        level months of radiation and submits written 
                        medical documentation that the individual, 
                        after exposure developed--
                                    ``(I) lung cancer,
                                    ``(II) a nonmalignant respiratory 
                                disease, or
                                    ``(III) any other medical condition 
                                associated with uranium mining or 
                                milling, or
                            ``(ii) worked in uranium mining, milling, 
                        or transport for a period of at least 1 year 
                        and submits written medical documentation that 
                        the individual, after exposure, developed--
                                    ``(I) lung cancer,
                                    ``(II) a nonmalignant respiratory 
                                disease, or
                                    ``(III) any other medical condition 
                                associated with uranium mining, 
                                milling, or transport,
                    ``(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) by striking ``(a) Eligibility of Individuals.--Any'' 
        and inserting the following: ``(a) Eligibility.--
            ``(1) In general.--Any''; and
            (3) in paragraph (1), as so designated, by striking the 
        dash at the end and inserting a period.
    (f) Claims Related to Human Radiation Experimentation and Death 
Resulting From Cause Other Than Radiation.--Section 5 of the Radiation 
Exposure Compensation Act (42 U.S.C. 2210 note) is amended--
            (1) by redesignating subsection (b) as subsection (d); and
            (2) by inserting after subsection (a) the following:
    ``(b) Claims Relating to Human Use Research and Death Resulting 
From Nonradiological Causes.--
            ``(1) In general.--
                    ``(A) Payment.--Any individual described in 
                subparagraph (B) shall receive $50,000 if--
                            ``(i) a claim for that payment is filed 
                        with the Attorney General by or on behalf of 
                        that individual; and
                            ``(ii) the Attorney General determines, in 
                        accordance with section 6, that the claim meets 
                        the requirements of this Act.
                    ``(B) Description of individuals.--An individual 
                described in this subparagraph is an individual who--
                            ``(i) was employed in a uranium mining, 
                        milling, or transport within any State referred 
                        to in subsection (a) at any time during the 
                        period referred to in that subsection, and
                            ``(ii)(I) in the course of that 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 
                        (including any agency of the Federal 
                        Government) to determine the effects of that 
                        exposure on the human body; or
                            ``(II) in the course of or arising out of 
                        the individual's employment, suffered death, 
                        that, because the individual or the estate of 
                        the individual was barred from pursuing 
                        recovery under a worker's compensation system 
                        or civil action available to similarly situated 
                        employees of mines or mills that are not 
                        uranium mines or mills, is not otherwise--
                                    ``(aa) compensable under subsection 
                                (a); or
                                    ``(bb) redressable.
            ``(2) Payments.--Payments under this subsection may be made 
        only in accordance with section 6.''.
    (g) Other Injury or Disability.--Section 5 of the Radiation 
Exposure Compensation Act (42 U.S.C. 2210 note), as amended by 
subsection (f) of this section, is amended by adding after subsection 
(b) the following:
    ``(c) Other Injury or Disability.--
            ``(1) In general.--
                    ``(A) Payment.--Any individual described in 
                subparagraph (B) shall receive $20,000 if--
                            ``(i) a claim for that payment is filed 
                        with the Attorney General by or on behalf of 
                        that individual; and
                            ``(ii) the Attorney General determines, in 
                        accordance with section 6, that the claim meets 
                        the requirements of this Act.
                    ``(B) Description of individuals.--An individual 
                described in this subparagraph is an individual who--
                            ``(i) was employed in a uranium mine or 
                        mill or transported uranium ore within any 
                        State referred to in subsection (a) at any time 
                        during the period referred to in that 
                        subsection; and
                            ``(ii) submits written medical 
                        documentation that individual suffered injury 
                        or disability, arising out of or in the course 
                        of the individual's employment that, because 
                        the individual or the estate of the individual 
                        was barred from pursuing recovery under a 
                        worker's compensation system or civil action 
                        available to similarly situated employees of 
                        mines or mills that are not uranium mines or 
                        mills, is not otherwise--
                                    ``(I) compensable under subsection 
                                (a); or
                                    ``(II) redressable.
            ``(2) Payments.--Payments under this subsection may be made 
        only in accordance with section 6.''.
    (h) Definitions.--Subsection (d) of section 5 of the Radiation 
Exposure Compensation Act (42 U.S.C. 2210 note), as redesignated by 
subsection (f) of this section, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``radiation exposure'' and 
                inserting ``exposure to radon and radon progeny''; and
                    (B) by inserting ``based on a 6-day workweek,'' 
                after ``every work day for a month,'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) 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 were employed where 
        uranium mining or milling was conducted;'';
            (3) by striking paragraphs (3) and (4); and
            (4) by adding at the end the following:
            ``(3) the term `course of employment' means--
                    ``(A) any period of employment in a uranium mine or 
                uranium mill before or after December 31, 1971, or
                    ``(B) the cumulative period of employment in both a 
                uranium mine and uranium mill in any case in which an 
                individual was employed in both a uranium mine and a 
                uranium mill;
            ``(4) 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 any in situ cancer;
            ``(5) the term `nonmalignant respiratory disease' means 
        fibrosis of the lung, pulmonary fibrosis, corpulmonale related 
        to pulmonary fibrosis, or moderate or severe silicosis or 
        pneumoconiosis;
            ``(6) the term `other medical condition associated with 
        uranium mining, milling, or uranium transport' 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;
            ``(7) the term `uranium mill' includes milling operations 
        involving the processing of uranium ore or vanadium-uranium 
        ore, including carbonate and acid leach plants;
            ``(8) the term `uranium transport' means human physical 
        contact involved in moving uranium ore from 1 site to another, 
        including mechanical conveyance, physical shoveling, or driving 
        a vehicle;
            ``(9) the term `uranium mine' means any underground 
        excavation, including dog holes, open pit, strip, rim, surface, 
        or other aboveground mines, where uranium ore or vanadium-
        uranium ore was mined or otherwise extracted;
            ``(10) the term `working level' means the concentration of 
        the short half-life daughters (known as `progeny') of radon 
        that will release (1.3 x 10<SUP>5</SUP>) million electron volts 
        of alpha energy per liter of air; and
            ``(11) the term `written medical documentation' for 
        purposes of proving a nonmalignant respiratory disease means, 
        in any case in which the claimant is living--
                    ``(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 a 1989 report of 
                the International Labour Office (known as the `ILO'), 
                or subsequent revisions;
                    ``(B) a high resolution computed tomography scan 
                (commonly known as an `HCRT scan') and any interpretive 
                report for that scan;
                    ``(C) a pathology report of a tissue biopsy;
                    ``(D) a pulmonary function test indicating 
                restrictive lung function (as defined by the American 
                Thoracic Society); or
                    ``(E) an arterial blood gas study.''.

SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS.

    (a) Determination and Payment of Claims, Generally.--Section 6 of 
the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (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.'';
                    (B) by redesignating paragraph (2) as paragraph 
                (5); and
                    (C) by inserting after paragraph (1) the following:
            ``(2) Evidence.--In support of a claim for compensation 
        under section 5, 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 chest x-rays.--For purposes of this 
        Act, a chest x-ray and the accompanying interpretive report 
        required in support of a claim under section 5(a), shall--
                    ``(A) be considered to be conclusive, and
                    ``(B) be subject to a fair and random audit 
                procedure established by the Attorney General.
            ``(4) Certain written diagnoses.--
                    ``(A) In general.--For purposes of this Act, in any 
                case in which a written diagnosis is made by a 
                physician described in subparagraph (B) of a 
                nonmalignant pulmonary disease or lung cancer of a 
                claimant that is accompanied by written medical 
                documentation that meets the definition of that term 
                under subsection (b)(11), that written diagnosis shall 
                be considered to be conclusive evidence of that 
                disease.
                    ``(B) Description of physicians.--A physician 
                described in this subparagraph is a physician who--
                            ``(i) is employed by--
                                    ``(I) the Indian Health Service of 
                                the Department of Health and Human 
                                Services, or
                                    ``(II) the Department of Veterans 
                                Affairs, and
                            ``(ii) is responsible for examining or 
                        treating the claimant involved.'';
            (2) in subsection (c)(2)--
                    (A) in subparagraph (A)(ii), by striking ``in a 
                uranium mine'' and inserting ``in uranium mining, 
                milling, or transport''; and
                    (B) in subparagraph (B)(ii), by striking ``by the 
                Federal Government'' and inserting ``through the 
                Department of Veterans Affairs'';
            (3) in subsection (d)--
                    (A) by striking ``(d) Action on Claims.--The 
                Attorney General'' and inserting the following:
    ``(d) Action on Claims.--
            ``(1) In general.--The Attorney General''; and
                    (B) by adding at the end the following:
            ``(2) Determination of period.--For purposes of determining 
        the tolling of the 12-month period under paragraph (1), a claim 
        under this Act shall be considered to have been filed as of the 
        date of the receipt of that claim by the Attorney General.
            ``(3) Administrative review.--If the Attorney General 
        denies a claim referred to in paragraph (1), the claimant shall 
        be permitted a reasonable period of time in which to seek 
        administrative review of the denial by the Attorney General.
            ``(4) Final determination.--The Attorney General shall make 
        a final determination with respect to any administrative review 
        conducted under paragraph (3) not later than 90 days after the 
        receipt of the claimant's request for that review.
            ``(5) Effect of failure to render a determination.--If the 
        Attorney General fails to render a determination during the 12-
        month period under paragraph (1), the claim shall be deemed 
        awarded as a matter of law and paid.'';
            (4) in subsection (e), by striking ``in a uranium mine'' 
        and inserting ``uranium mining, milling, or transport'';
            (5) in subsection (k), by adding at the end the following: 
        ``With respect to any amendment made to this Act after the date 
        of enactment of this Act, the Attorney General shall issue 
        revised regulations, guidelines, and procedures to carry out 
        that amendment not later than 180 days after the date of 
        enactment of that amendment.''; and
            (6) in subsection (l)--
                    (A) by striking ``(l) Judicial Review.--An 
                individual'' and inserting the following:
    ``(l) Judicial Review.--
            ``(1) In general.--An individual''; and
                    (B) by adding at the end the following:
            ``(2) Attorney's fees.--If the court that conducts a review 
        under paragraph (1) sets aside a 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.
            ``(3) Interest.--If, after a claimant is denied a claim 
        under this Act, the claimant subsequently prevails upon remand 
        of that claim, the claimant shall be awarded interest on the 
        claim at a rate equal to 8 percent, calculated from the date of 
        the initial denial of the claim.
            ``(4) Treatment of attorney's fees, costs, and interest.--
        Any attorney's fees, costs, and interest awarded under this 
        section shall--
                    ``(A) be considered to be costs incurred by the 
                Attorney General, and
                    ``(B) not be paid from the Fund, or set off 
                against, or otherwise deducted from, any payment to a 
                claimant under this section.''.
    (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 Congress in enacting the 
Radiation Exposure Compensation Act (42 U.S.C. 2210 note), section 6 of 
that Act, as amended by subsection (a) of this section, is amended--
            (1) in subsection (a), by adding at the end the following: 
        ``In establishing any such procedure, the Attorney General 
        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 inserting 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)--
                    (A) by striking ``and'' at the end of subparagraph 
                (B);
                    (B) by striking the period at the end of 
                subparagraph (C) and inserting ``; and''; and
                    (C) 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, 
                millers, and transport workers pursuant to section 
                5.'';
            (4) in subsection (b), by adding after paragraph (5) the 
        following:
            ``(6) Self-determination program election.--
                    ``(A) In general.--The Attorney General on the 
                request of any affected Indian tribe by tribal 
                resolution, may enter into 1 or more self-determination 
                contracts with a tribal organization of that Indian 
                tribe pursuant to the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450 et seq.) to 
                plan, conduct, and administer the disposition and award 
                of claims under this Act to the extent that members of 
                the affected Indian tribe are concerned.
                    ``(B) Approval.--(i) On the request of an affected 
                Indian tribe to enter into a self-determination 
                contract referred to in subparagraph (A), the Attorney 
                General shall approve or reject the request in a manner 
                consistent with section 102 of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450f).
                    ``(ii) The Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450 et seq.) shall apply to 
                the approval and subsequent implementation of a self-
                determination contract entered into under clause (i) or 
                any rejection of such a contract, if that contract is 
                rejected.
                    ``(C) Use of funds.--Notwithstanding any other 
                provision of law, funds authorized for use by the 
                Attorney General to carry out the functions of the 
                Attorney General under subsection (i) may be used for 
                the planning, training, implementation, and 
                administration of any self-determination contract that 
                the Attorney General enters into with an affected 
                Indian tribe under this section.''; and
            (5) in subsection (c)(4), by adding at the end the 
        following:
                    ``(D) Application of native american law.--In 
                determining the eligibility of individuals to receive 
                compensation under this Act by reason of marriage, 
                relationship, or survivorship, the Attorney General 
                shall take into consideration and give effect to 
                established law, tradition, and custom of affected 
                Indian tribes.''.

SEC. 6. CHOICE OF REMEDIES.

    Section 7(b) of the Radiation Exposure Compensation Act (42 U.S.C. 
2210 note) is amended to read as follows:
    ``(b) Choice of Remedies.--
            ``(1) In general.--Except as provided in paragraph (1), the 
        payment of an award under any provision of this Act does not 
        preclude the payment of an award under any other provision of 
        this Act.
            ``(2) Limitation.--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 of the Radiation Exposure Compensation Act (42 U.S.C. 
2210 note) is amended to read as follows:

``SEC. 8. LIMITATION ON CLAIMS.

    ``(a) Bar.--After the date that is 20 years after the date of 
enactment of the Radiation Exposure Compensation Improvement Act no 
claim may be filed under this Act.
    ``(b) Applicability of Amendments.--The amendments made to this Act 
by the Radiation Exposure Compensation Improvement Act shall apply to 
any claim under this Act that is pending or commenced on or after 
October 5, 1990, without regard to whether payment for that claim could 
have been awarded before the date of enactment of the Radiation 
Exposure Compensation Improvement Act as the result of previous filing 
and prior payment under this Act.''.

SEC. 8. REPORT.

    Section 12 of the Radiation Exposure Compensation Act (42 U.S.C. 
2210 note) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 12. REPORTS.'';

        and
            (2) by adding at the end the following:
    ``(c) Uranium Mill and Mine Report.--Not later than January 1, 
2000, the Secretary of Health and Human Services in consultation with 
the Secretary of Energy shall prepare and submit to Congress a report 
that--
            ``(1) summarizes medical knowledge concerning adverse 
        health effects sustained by residents of communities who reside 
        adjacent to--
                    ``(A) uranium mills or mill tailings,
                    ``(B) aboveground uranium mines, or
                    ``(C) open pit uranium mines; and
            ``(2) summarizes available information concerning the 
        availability and accessibility of medical care that 
        incorporates the best available standards of practice for 
        individuals with malignancies and other compensable diseases 
        relating to exposure to uranium as a result of uranium mining 
        and milling activities;
            ``(3) summarizes the reclamation efforts with respect to 
        uranium mines, mills, and mill tailings in Colorado, New 
        Mexico, Arizona, Wyoming, and Utah; and
            ``(4) makes recommendations for further actions to ensure 
        health and safety relating to the efforts referred to in 
        paragraph (3).''.
                                 <all>