[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1515 Reported in Senate (RS)]





                                                       Calendar No. 370

106th CONGRESS

  1st Session

                                S. 1515

_______________________________________________________________________

                                 A BILL

    To amend the Radiation Exposure Compensation Act, and for other 
                               purposes.

_______________________________________________________________________

                            November 2, 1999

                       Reported with an amendment





                                                       Calendar No. 370
106th CONGRESS
  1st Session
                                S. 1515

    To amend the Radiation Exposure Compensation Act, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 1999

 Mr. Hatch (for himself, Mr. Daschle, Mr. Campbell, Mr. Bingaman, Mr. 
  Domenici, Mr. Wellstone, and Mr. Johnson) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

                           September 30, 1999

    Committee discharged; referred to the Committee on the Judiciary

                            November 2, 1999

                Reported by Mr. Hatch, with an amendment
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
    To amend the Radiation Exposure Compensation Act, 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.

    This Act may be cited as the ``Radiation Exposure Compensation Act 
Amendments of 1999''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Radiation Exposure Compensation Act (42 U.S.C. 2210 
        note) recognized the responsibility of the Federal Government 
        to compensate individuals who were harmed by the mining of 
        radioactive materials or fallout from nuclear arms testing;
            (2) a congressional oversight hearing conducted by the 
        Committee on Labor and Human Resources of the Senate 
        demonstrated that since enactment of the Radiation Exposure 
        Compensation Act (42 U.S.C. 2210 note), regulatory burdens have 
        made it too difficult for some deserving individuals to be 
        fairly and efficiently compensated;
            (3) reports of the Atomic Energy Commission and the 
        National Institute for Occupational Safety and Health testify 
        to the need to extend eligibility to States in which the 
        Federal Government sponsored uranium mining and milling from 
        1941 through 1971;
            (4) scientific data resulting from the enactment of the 
        Radiation Exposed Veterans Compensation Act of 1988 (38 U.S.C. 
        101 note), and obtained from the Committee on the Biological 
        Effects of Ionizing Radiations, and the President's Advisory 
        Committee on Human Radiation Experiments provide medical 
        validation for the extension of compensable radiogenic 
        pathologies;
            (5) above-ground uranium miners, millers and individuals 
        who transported ore should be fairly compensated, in a manner 
        similar to that provided for underground uranium miners, in 
        cases in which those individuals suffered disease or resultant 
        death, associated with radiation exposure, due to the failure 
        of the Federal Government to warn and otherwise help protect 
        citizens from the health hazards addressed by the Radiation 
        Exposure Compensation Act of 1990 (42 U.S.C. 2210 note); and
            (6) it should be the responsibility of the Federal 
        Government in partnership with State and local governments and 
        appropriate healthcare organizations, to initiate and support 
        programs designed for the early detection, prevention and 
        education on radiogenic diseases in approved States to aid the 
        thousands of individuals adversely affected by the mining of 
        uranium and the testing of nuclear weapons for the Nation's 
        weapons arsenal.

SEC. 3. AMENDMENTS TO THE RADIATION EXPOSURE COMPENSATION ACT.

    (a) Claims Relating to Atmospheric Nuclear Testing.--Section 
4(a)(1) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 
note) is amended to read as follows:
            ``(1) Claims relating to leukemia.--
                    ``(A) In general.--An individual described in this 
                subparagraph shall receive an amount specified in 
                subparagraph (B) if the conditions described in 
                subparagraph (C) are met. An individual referred to in 
                the preceding sentence is an individual who--
                            ``(i)(I) was physically present in an 
                        affected area for a period of at least 1 year 
                        during the period beginning on January 21, 
                        1951, and ending on October 31, 1958;
                            ``(II) was physically present in the 
                        affected area for the period beginning on June 
                        30, 1962, and ending on July 31, 1962; or
                            ``(III) participated onsite in a test 
                        involving the atmospheric detonation of a 
                        nuclear device; and
                            ``(ii) submits written documentation that 
                        such individual developed leukemia--
                                    ``(I) after the applicable period 
                                of physical presence described in 
                                subclause (I) or (II) of clause (i) or 
                                onsite participation described in 
                                clause (i)(III) (as the case may be); 
                                and
                                    ``(II) more that 2 years after 
                                first exposure to fallout.
                    ``(B) Amounts.--If the conditions described in 
                subparagraph (C) are met, an individual--
                            ``(i) who is described in subclause (I) or 
                        (II) of subparagraph (A)(i) shall receive 
                        $50,000; or
                            ``(ii) who is described in subclause (III) 
                        of subparagraph (A)(i) shall receive $75,000.
                    ``(C) Conditions.--The conditions described in this 
                subparagraph are as follows:
                            ``(i) Initial exposure occurred prior to 
                        age 21.
                            ``(ii) The claim for a payment under 
                        subparagraph (B) is filed with the Attorney 
                        General by or on behalf of the individual.
                            ``(iii) The Attorney General determines, in 
                        accordance with section 6, that the claim meets 
                        the requirements of this Act.''.
    (b) Definitions.--Section 4(b) of the Radiation Exposure 
Compensation Act (42 U.S.C. 2210 note) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A) by inserting ``Wayne, San 
                Juan,'' after ``Millard,''; and
                    (B) by amending subparagraph (C) to read as 
                follows:
                    ``(C) in the State of Arizona, the counties of 
                Coconino, Yavapai, Navajo, Apache, and Gila; and''; and
            (2) in paragraph (2)--
                    (A) 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),'';
                    (B) by striking ``(provided initial exposure 
                occurred by the age of 20)'' after ``thyroid'';
                    (C) by inserting ``male or'' before ``female 
                breast'';
                    (D) by striking ``(provided initial exposure 
                occurred prior to age 40)'' after ``female breast'';
                    (E) by striking ``(provided low alcohol consumption 
                and not a heavy smoker)'' after ``esophagus'';
                    (F) by striking ``(provided initial exposure 
                occurred before age 30)'' after ``stomach'';
                    (G) by striking ``(provided not a heavy smoker)'' 
                after ``pharynx'';
                    (H) by striking ``(provided not a heavy smoker and 
                low coffee consumption)'' after ``pancreas''; and
                    (I) by inserting ``salivary gland, urinary bladder, 
                brain, colon, ovary,'' after ``gall bladder,''.
    (c) Claims Relating to Uranium Mining.--
            (1) In general.--Section 5(a) of the Radiation Exposure 
        Compensation Act (42 U.S.C. 2210 note) is amended to read as 
        follows:
    ``(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) 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, and Texas at any time 
                        during the period beginning on January 1, 1942, 
                        and ending on December 31, 1971; and
                            ``(ii)(I) was a miner exposed to 40 or more 
                        working level months of radiation and submits 
                        written medical documentation that the 
                        individual, after that exposure, developed lung 
                        cancer or a nonmalignant respiratory disease; 
                        or
                            ``(II) was a miller or ore transporter who 
                        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 
                        cancers and other chronic renal disease 
                        including nephritis and kidney tubal tissue 
                        injury;
                    ``(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) an Atomic Energy Commission 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.''.
            (2) Definitions.--Section 5(b) of the Radiation Exposure 
        Compensation Act (42 U.S.C. 2210 note) is amended--
                    (A) in paragraph (3)--
                            (i) by striking ``and'' before 
                        ``corpulmonale'';
                            (ii) by striking ``; and if the claimant,'' 
                        and all that follows through the end of the 
                        paragraph and inserting ``, silicosis, and 
                        pneumoconiosis''; and
                            (iii) by striking ``and'' at the end of the 
                        paragraph;
                    (B) by striking the period at the end of paragraph 
                (4) and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(5) the term `written medical documentation' for purposes 
        of proving a nonmalignant respiratory disease or lung cancer 
        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 2 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; and
            ``(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.''.
            (3) Written documentation.--Section 5 of the Radiation 
        Exposure Compensation Act (42 U.S.C. 2210 note) is amended by 
        adding at the end the following:
    ``(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 or lung cancer 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 or lung cancer 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.''.
    (d) Determination and Payment of Claims.--
            (1) Filing procedures.--Section 6(a) of the Radiation 
        Exposure Compensation Act (42 U.S.C. 2210 note) is amended by 
        adding at the end the following: ``In establishing procedures 
        under this subsection, the Attorney General shall take into 
        account and make allowances for the law, tradition, and customs 
        of Indian tribes (as that term is defined in section 5(b)) and 
        members of Indian tribes, to the maximum extent practicable.''.
            (2) Determination and payment of claims, generally.--
        Section 6(b)(1) of the Radiation Exposure Compensation Act (42 
        U.S.C. 2210 note) is amended 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.''.
            (3) Offset for certain payments.--Section 6(c)(2)(B) of the 
        Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is 
        amended--
                    (A) in clause (i), by inserting ``(other than a 
                claim for workers' compensation)'' after ``claim''; and
                    (B) in clause (ii), by striking ``Federal 
                Government'' and inserting ``Department of Veterans 
                Affairs''.
            (4) Application of native american law to claims.--Section 
        6(c)(4) of the Radiation Exposure Compensation Act (42 U.S.C. 
        2210 note) is amended 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.''.
            (5) Action on claims.--Section 6(d) of the Radiation 
        Exposure Compensation Act (42 U.S.C. 2210 note) is amended--
                    (A) by inserting ``(1) In general.--'' before ``The 
                Attorney General'';
                    (B) by inserting at the end the following: ``For 
                purposes of determining when the 12-month period ends, 
                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 after the receipt of the claimant's 
                request for such review. In the event the Attorney 
                General fails to render a determination within 12 
                months after the date of the receipt of such request, 
                the claim shall be deemed awarded as a matter of law 
                and paid.''; and
                    (C) by adding at the end the following:
            ``(2) Additional information.--The Attorney General may 
        request from any claimant under this Act, or from any 
        individual or entity on behalf of any such claimant, any 
        reasonable additional information or documentation necessary to 
        complete the determination on the claim in accordance with the 
        procedures established under subsection (a).
            ``(3) Treatment of period associated with request.--
                    ``(A) In general.--The period described in 
                subparagraph (B) shall not apply to the 12-month 
                limitation under paragraph (1).
                    ``(B) Period.--The period described in this 
                subparagraph is the period--
                            ``(i) beginning on the date on which the 
                        Attorney General makes a request for additional 
                        information or documentation under paragraph 
                        (2); and
                            ``(ii) ending on the date on which the 
                        claimant or individual or entity acting on 
                        behalf of that claimant submits that 
                        information or documentation or informs the 
                        Attorney General that it is not possible to 
                        provide that information or that the claimant 
                        or individual or entity will not provide that 
                        information.
            ``(4) Payment within 6 weeks.--The Attorney General shall 
        ensure that an approved claim is paid not later than 6 weeks 
        after the date on which such claim is approved.
            ``(5) Native american considerations.--Any procedures under 
        this subsection 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.''.
    (e) Regulations.--
            (1) In general.--Section 6(i) of the Radiation Exposure 
        Compensation Act (42 U.S.C. 2210 note) is amended by adding at 
        the end the following: ``Not later than 180 days after the date 
        of enactment of the Radiation Exposure Compensation Act 
        Amendments of 1999, the Attorney General shall issue revised 
        regulations to carry out this Act.''.
            (2) Affidavits.--
                    (A) In general.--The Attorney General shall take 
                such action as may be necessary to ensure that the 
                procedures established by the Attorney General under 
                section 6 of the Radiation Exposure Compensation Act 
                (42 U.S.C. 2210 note) provide that, in addition to any 
                other material that may be used to substantiate 
                employment history for purposes of determining working 
                level months, an individual filing a claim under those 
                procedures may make such a substantiation by means of 
                an affidavit described in subparagraph (B).
                    (B) Affidavits.--An affidavit referred to under 
                subparagraph (A) is an affidavit--
                            (i) that meets such requirements as the 
                        Attorney General may establish; and
                            (ii) is made by a person other than the 
                        individual filing the claim that attests to the 
                        employment history of the claimant.
    (f) Limitations on Claims.--Section 8 of the Radiation Exposure 
Compensation Act (42 U.S.C. 2210 note) is amended--
            (1) by inserting ``(a) In General.--'' before ``A claim''; 
        and
            (2) by adding at the end the following:
    ``(b) Resubmittal of Claims.--After the date of enactment of the 
Radiation Exposure Compensation Act Amendments of 1999, any claimant 
who has been denied compensation under this Act may resubmit a claim 
for consideration by the Attorney General in accordance with this Act 
not more than 3 times. Any resubmittal made before the date of 
enactment of the Radiation Exposure Compensation Act Amendments of 1999 
shall not be applied to the limitation under the preceding sentence.''.
    (g) Extension of Claims and Fund.--
            (1) Extension of claims.--Section 8 of the Radiation 
        Exposure Compensation Act (42 U.S.C. 2210 note) is amended by 
        striking ``20 years after the date of the enactment of this 
        Act'' and inserting ``22 years after the date of enactment of 
        the Radiation Exposure Compensation Act Amendments of 1999''.
            (2) Extension of fund.--Section 3(d) of the Radiation 
        Exposure Compensation Act (42 U.S.C. 2210 note) is amended in 
the first sentence by striking ``date of the enactment of this Act'' 
and inserting ``date of enactment of the Radiation Exposure 
Compensation Act Amendments of 1999''.
    (h) Attorney Fees Limitations.--Section 9 of the Radiation Exposure 
Compensation Act (42 U.S.C. 2210 note) is amended in the first sentence 
by striking ``10 per centum'' and inserting ``2 percent''.
    (i) GAO Reports.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, and every 18 months thereafter, the 
        General Accounting Office shall submit a report to Congress 
        containing a detailed accounting of the administration of the 
        Radiation Exposure Compensation Act (42 U.S.C. 2210 note) by 
        the Department of Justice.
            (2) Contents.--Each report submitted under this subsection 
        shall include an analysis of--
                    (A) claims, awards, and administrative costs under 
                the Radiation Exposure Compensation Act (42 U.S.C. 2210 
                note); and
                    (B) the budget of the Department of Justice 
                relating to such Act.

SEC. 4. ESTABLISHMENT OF PROGRAM OF GRANTS TO STATES FOR EDUCATION, 
              PREVENTION, AND EARLY DETECTION OF RADIOGENIC CANCERS AND 
              DISEASES.

    Subpart I of part C of title IV of the Public Health Service Act 
(42 U.S.C. 285 et seq.) is amended by adding at the end the following:

``SEC. 417C. GRANTS FOR EDUCATION, PREVENTION, AND EARLY DETECTION OF 
              RADIOGENIC CANCERS AND DISEASES.

    ``(a) Definition.--In this section the term `entity' means any--
            ``(1) National Cancer Institute-designated cancer center;
            ``(2) Department of Veterans Affairs hospital or medical 
        center;
            ``(3) Federally Qualified Health Center, community health 
        center, or hospital;
            ``(4) agency of any State or local government, including 
        any State department of health; or
            ``(5) nonprofit organization.
    ``(b) In General.--The Secretary, acting through the Administrator 
of the Health Resources and Services Administration in consultation 
with the Director of the National Institutes of Health and the Director 
of the Indian Health Service, may make competitive grants to any entity 
for the purpose of carrying out programs to--
            ``(1) screen individuals described under section 
        4(a)(1)(A)(i) or 5(a)(1)(A) of the Radiation Exposure 
        Compensation Act (42 U.S.C. 2210 note) for cancer as a 
        preventative health measure;
            ``(2) provide appropriate referrals for medical treatment 
        of individuals screened under paragraph (1) and to ensure, to 
        the extent practicable, the provision of appropriate follow-up 
        services;
            ``(3) develop and disseminate public information and 
        education programs for the detection, prevention, and treatment 
        of radiogenic cancers and diseases; and
            ``(4) facilitate putative applicants in the documentation 
        of claims as described in section 5(a) of the Radiation 
        Exposure Compensation Act (42 U.S.C. 2210 note).
    ``(c) Indian Health Service.--The programs under subsection (a) 
shall include programs provided through the Indian Health Service or 
through tribal contracts, compacts, grants, or cooperative agreements 
with the Indian Health Service and which are determined appropriate to 
raising the health status of Indians.
    ``(d) Grant and Contract Authority.--Entities receiving a grant 
under subsection (b) may expend the grant to carry out the purpose 
described in such subsection.
    ``(e) Health Coverage Unaffected.--Nothing in this section shall be 
construed to affect any coverage obligation of a governmental or 
private health plan or program relating to an individual referred to 
under subsection (b)(1).
    ``(f) Report to Congress.--Beginning on October 1 of the year 
following the date on which amounts are first appropriated to carry out 
this section and annually on each October 1 thereafter, the Secretary 
shall submit a report to the Committee on the Judiciary and the 
Committee on Health, Education, Labor, and Pensions of the Senate and 
to the Committee on the Judiciary and the Committee on Commerce of the 
House of Representatives. Each report shall summarize the expenditures 
and programs funded under this section as the Secretary determines to 
be appropriate.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated for the purpose of carrying out this section $20,000,000 
for fiscal year 1999 and such sums as may be necessary for each of the 
fiscal years 2000 through 2009.''.