[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1630 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1630
To amend the Radiation Exposure Compensation Act to include the
Territory of Guam in the list of affected areas with respect to which
claims relating to atmospheric nuclear testing shall be allowed, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 19, 2009
Ms. Bordallo introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Radiation Exposure Compensation Act to include the
Territory of Guam in the list of affected areas with respect to which
claims relating to atmospheric nuclear testing shall be allowed, 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. DEFINITION OF AFFECTED AREA TO INCLUDE ADDITIONAL DOWNWIND
AREA EXPOSED TO IONIZING RADIATION (NUCLEAR FALLOUT).
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) the Territory of Guam; and''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States conducted testing of atomic nuclear
weapons on Enewetak and Bikini Atolls in the Marshall Islands,
from 1946 to 1962. A total of sixty-seven (67) atomic and
thermonuclear bombs were detonated which resulted in fallout
across a wide area in the Pacific.
(2) The Atomic Energy Commission detonated sixty-seven (67)
nuclear devices with a total yield of one hundred eight
thousand four hundred ninety-two point two (108,492.2) kilotons
in or around the Marshall Islands.
(3) There were at least ten (10) detonations that had a
yield necessary of five (5) to ten (10) megatons to project
material from the center of the explosion to the height of
between twelve (12) to fifty-five (55) miles into the jet-
stream.
(4) On October 31, 1952 (GMT), the first true H-Bomb, Ivy
Mike was detonated at Elugelab (``Flora'') Island, Enewetak
Atoll. The 10.4 megaton device was the fourth largest device
ever tested by the United States. The mushroom cloud climbed to
57,000 feet in only 90 seconds entering the stratosphere. One
minute later it reached 108,000 feet, eventually stabilizing at
a ceiling of 120,000 feet. Half an hour after the test, the
mushroom stretched sixty (60) miles across, with the base of
the mushroom head joining the stem at 45,000 feet.
(5) On April 27, 2005, the National Research Council of the
National Academies submitted to Congress a report on the
Assessment of the Scientific Information for the Radiation
Exposure Screening and Education Program.
(6) The National Research Council stated in their report on
``ADDITIONAL POPULATIONS ENVIRONMENTALLY AT RISK FOR RADIATION
EXPOSURE'', Nuclear Testing: Downwinders and Onsite
Participants, that the Committee to Assess the Scientific
Information for the Radiation Exposure Screening and Education
Program reviewed the locations where nuclear-weapons tests were
performed, and that ``The current RECA downwinder population is
concentrated in the area around the NTS, and the 1997 NCI 131 I
report (NCI, 1997) dealt with emissions from the NTS. In RECA,
Congress found that fallout from atmospheric nuclear tests
exposed people to radiation that is presumed to have caused an
excess of cancer and that this risk was borne by these people
to serve the national security interests of the United States.
The United States has conducted nuclear-weapons tests in areas
other than NTS, and populations exposed to fallout from these
tests may also be considered as possible candidates for RECA
compensation, if Congress so chooses. The tests in question
include the Trinity test near Alamogordo, New Mexico, and the
Pacific tests. Onsite participants in the tests are already
included under RECA, but RECA coverage may be extended to the
downwinder populations in those areas. Over the last several
years, there has been a concern about the health effects
associated with radioactive fallout that reached Guam during
the testing of nuclear weapons in Micronesia. The Pacific
Association for Radiation Survivors was formed. In 2002, a blue
ribbon panel, authorized by the Government of Guam, submitted
the Committee Action Report on Radioactive Contamination in
Guam between 1946 and 1958.''.
(7) The National Research Council's assessment and
recommendation for Guam is stated on page 200 of the
``Assessment of the Scientific Information for the Radiation
Exposure Screening and Education Program'', which reads:
``Conclusions. As a result of its analysis, the committee
concludes that Guam did receive measurable fallout from
atmospheric testing of nuclear weapons in the Pacific.
Residents of Guam during that period should be eligible for
compensation under RECA in a way similar to that of persons
considered to be downwinders.''.
(8) In 1974, the Laboratory of Radiation Ecology began a
program to determine the radionuclides found in food, plants,
animals, and soils of the Central Pacific. As part of this
program, the study was undertaken to determine the
radionuclides found in common foods and soils in Guam. All
samples were analyzed for gamma-emitting radionuclides while
some were also analyzed for Strontium 90 or Plutonium 239,240.
Cesium 137,210 PB and 235 U were also on the soil on Guam.
``Plants; Most values of 137 Cs were less than 1 pCi/g, but a
value of 18. pCi/g was measured in the edible portion of a
pandanus fruit from Guam. The inedible portion of this fruit
also had a high 137 Cs value, 16 pCi/g.''.
SEC. 3. ELIGIBILITY TO FILE A CLAIM BASED ON PRESENCE DURING PERIOD OF
TESTING.
(a) Claims Relating to Leukemia.--Section 4(a)(1)(A)(i) of the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended--
(1) in subclauses (I) and (II), by inserting ``described in
subparagraph (A), (B), or (C) of subsection (b)(1)'' after
``affected area'';
(2) in subclause (II)--
(A) by striking ``in the'' before ``affected area''
and inserting ``in an''; and
(B) by striking ``or'' at the end;
(3) by redesignating subclause (III) as subclause (V); and
(4) by inserting after subclause (II) the following:
``(III) was physically present in
the affected area described in
subsection (b)(1)(D) for a period of at
least 1 year during the period
beginning on June 30, 1946, and ending
on November 30, 1974;
``(IV) was physically present in
the affected area described in
subsection (b)(1)(D) for the period
beginning on June 30, 1946, and ending
on November 30, 1974;''.
(b) Claims Relating to Specified Diseases.--Section 4(a)(2) of the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended--
(1) in subparagraphs (A) and (B)--
(A) by striking ``in the'' before ``affected area''
and inserting ``in an''; and
(B) by inserting ``described in subparagraph (A),
(B), or (C) of subsection (b)(1)'' after ``affected
area'';
(2) in subparagraph (B), by striking ``or'' at the end;
(3) by redesignating subparagraph (C) as subparagraph (E);
and
(4) by inserting after subparagraph (B) the following:
``(C) was physically present in the affected area
described in subsection (b)(1)(D) for a period of at
least 2 years during the period beginning on June 30,
1946, and ending on November 30, 1974.
``(D) was physically present in the affected area
described in subsection (b)(1)(D) for the period
beginning on June 30, 1946, and ending on November 30,
1974.''.
SEC. 4. AMENDMENTS TO RECA.
(a) Additional Relief.--Section 4 of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) is amended by adding at the end
the following:
``(c) Additional Relief.--
``(1) Other areas.--
``(A) In general.--An individual who resided in the
Territory of Guam not covered under subsection
(b)(1)(D) during the time period described in
subsection (a)(1)(A)(i) may apply for compensation
under this Act.
``(B) Procedure.--The National Cancer Institute, in
collaboration with the Centers for Disease Control and
Prevention, shall evaluate whether an individual
submitting an application under subparagraph (A) is
eligible for compensation under this Act on a case-by-
case basis.
``(2) Other expenses.--An individual who is eligible for
compensation under subsection (b)(1)(D) or paragraph (1) shall
also receive compensation from the Fund for the costs of
screening, complications of screening, follow-up referrals,
work-up diagnosis, and treatment related to the specific
disease contracted by the individual.''.
SEC. 5. EDUCATION PROGRAM.
The Health Resources and Services Administration shall conduct an
enhanced program of education and communication about the health risks
posed by ionizing radiation exposure from fallout from the United
States nuclear-weapons testing.
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