[House Hearing, 117 Congress]
[From the U.S. Government Publishing Office]


                EXAMINING THE NEED TO EXPAND ELIGIBILITY
             UNDER THE RADIATION EXPOSURE COMPENSATION ACT

=======================================================================

                                HEARING

                               BEFORE THE

               SUBCOMMITTEE ON THE CONSTITUTION, CIVIL 
                       RIGHTS, AND CIVIL LIBERTIES

                                 OF THE

                       COMMITTEE ON THE JUDICIARY

                     U.S. HOUSE OF REPRESENTATIVES

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             FIRST SESSION

                               __________

                       WEDNESDAY, MARCH 24, 2021

                               __________

                           Serial No. 117-14

                               __________

         Printed for the use of the Committee on the Judiciary
         
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]         


               Available via: http://judiciary.house.gov
               
                               __________

                    U.S. GOVERNMENT PUBLISHING OFFICE                    
45-395                    WASHINGTON : 2022                     
          
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                       COMMITTEE ON THE JUDICIARY

                    JERROLD NADLER, New York, Chair
                MADELEINE DEAN, Pennsylvania, Vice-Chair

ZOE LOFGREN, California              JIM JORDAN, Ohio, Ranking Member
SHEILA JACKSON LEE, Texas            STEVE CHABOT, Ohio
STEVE COHEN, Tennessee               LOUIE GOHMERT, Texas
HENRY C. ``HANK'' JOHNSON, Jr.,      DARRELL ISSA, California
    Georgia                          KEN BUCK, Colorado
THEODORE E. DEUTCH, Florida          MATT GAETZ, Florida
KAREN BASS, California               MIKE JOHNSON, Louisiana
HAKEEM S. JEFFRIES, New York         ANDY BIGGS, Arizona
DAVID N. CICILLINE, Rhode Island     TOM McCLINTOCK, California
ERIC SWALWELL, California            W. GREG STEUBE, Florida
TED LIEU, California                 TOM TIFFANY, Wisconsin
JAMIE RASKIN, Maryland               THOMAS MASSIE, Kentucky
PRAMILA JAYAPAL, Washington          CHIP ROY, Texas
VAL BUTLER DEMINGS, Florida          DAN BISHOP, North Carolina
J. LUIS CORREA, California           MICHELLE FISCHBACH, Minnesota
MARY GAY SCANLON, Pennsylvania       VICTORIA SPARTZ, Indiana
SYLVIA R. GARCIA, Texas              SCOTT FITZGERALD, Wisconsin
JOE NEGUSE, Colorado                 CLIFF BENTZ, Oregon
LUCY McBATH, Georgia                 BURGESS OWENS, Utah
GREG STANTON, Arizona
VERONICA ESCOBAR, Texas
MONDAIRE JONES, New York
DEBORAH ROSS, North Carolina
CORI BUSH, Missouri

        PERRY APELBAUM, Majority Staff Director & Chief Counsel
              CHRISTOPHER HIXON, Minority Staff Director 
                              
                              ------                                

            SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS,
                          AND CIVIL LIBERTIES

                     STEVE COHEN, Tennessee, Chair
                DEBORAH ROSS, North Carolina, Vice-Chair

JAMIE RASKIN, Maryland               MIKE JOHNSON, Louisiana, Ranking 
HENRY C. ``HANK'' JOHNSON, Jr.,          Member
    Georgia                          TOM McCLINTOCK, California
SYLVIA R. GARCIA, Texas              CHIP ROY, Texas
CORI BUSH, Missouri                  MICHELLE FISCHBACH, Minnesota
SHEILA JACKSON LEE, Texas            BURGESS OWENS, Utah

                       JAMES PARK, Chief Counsel
                            
                            C O N T E N T S

                              ----------                              

                       Wednesday, March 24, 2021

                                                                   Page

                           OPENING STATEMENTS

The Honorable Steve Cohen, Chair of the Subcommittee on the 
  Constitution, Civil Rights, and Civil Liberties from the State 
  of Tennessee...................................................     1
The Honorable Mike Johnson, Ranking Member of the Subcommittee on 
  the Constitution, Civil Rights, and Civil Liberties from the 
  State of Louisiana.............................................     3

                               WITNESSES
                                Panel I

The Honorable Ben Ray Lujan, U.S. Senator from the State of New 
  Mexico
  Oral Testimony.................................................    11
  Prepared Testimony.............................................    21
The Honorable Gregory Stanton, a Member of the Committee on the 
  Judiciary from the State of Arizona
  Oral Testimony.................................................    24
  Prepared Testimony.............................................    26

                                Panel II

Jonathan Nez, President of the Navajo Nation
  Oral Testimony.................................................    32
  Prepared Testimony.............................................    35
Lilly Adams, Independent Consultant Specializing in Nuclear 
  Weapons Issues
  Oral Testimony.................................................    41
  Prepared Testimony.............................................    43
Jean Bishop, Supervisor District 4, Mohave County, Arizona
  Oral Testimony.................................................    55
  Prepared Testimony.............................................    57
Scott D. Szymendera, Analyst in Disability Policy, Congressional 
  Research Service
  Oral Testimony.................................................    82
  Prepared Testimony.............................................    84
Tina Cordova, Co-Founder, Tularosa Basin Downwinders Consortium
  Oral Testimony.................................................   111
  Prepared Testimony.............................................   114

          LETTERS, STATEMENTS, ETC. SUBMITTED FOR THE HEARING

Statements submitted by the Honorable Mike Johnson, Ranking 
  Member of the Subcommittee on the Constitution, Civil Rights, 
  and Civil Liberties from the State of Louisiana for the record
  Statement from the Honorable Mike Crapo, U.S. Senator from the 
    State of Idaho...............................................     6
  Statement from Tona Vahlberg-Henderson.........................    10
Statement from Senator Orrin G. Hatch, submitted by the Honorable 
  Ben Ray Lujan, U.S. Senator from the State of New Mexico for 
  the record.....................................................    14
Statement from Senator Mark Kelly, submitted by the Honorable 
  Gregory Stanton, a Member of the Committee on the Judiciary 
  from the State of Arizona for the record.......................    30
Materials submitted by Jonathan Nez, President of the Navajo 
  Nation for the record
  Statement from the Mohave County Board of Supervisors 
    Resolutions..................................................    60
  A report to the Honorable Janet Napolitano, Governor from the 
    State of Arizona, from Aubrey V. Godwin, Arizona Radiation 
    Regulatory Agency............................................    67
Materials submitted by Tina Cordova, Co-Founder, Tularosa Basin 
  Downwinders Consortium for the record
  An article entitled, ``Trinity: `The most significant hazard of 
    the entire Manhattan Project,' '' Bulletin of Atomic 
    Scientists...................................................   134
  A letter from Dr. Joseph J. Shonka, Health Physicist, to the 
    Honorable Jerrold Nadler.....................................   143
  An article entitled, ``Santa Fe Portrait; A Longtime Pillar of 
    the Government Now Aids Those Hurt by Its Bombs Santa Fe 
    Portrait; A Longtime Pillar of the Government Now Aids Those 
    Hurt by Its Bombs,'' The Times...............................   146

                                APPENDIX

Items submitted by the Honorable Steve Cohen, Chair of the 
  Subcommittee on the Constitution, Civil Rights, and Civil 
  Liberties from the State of Tennessee for the record
  Statement from Mr. Robert N. Celestial, President, Pacific 
    Association for Radiation Survivors..........................   168
  A letter from Terrie Barrie, the Alliance of Nuclear Worker 
    Advocacy Groups (ANWAG)......................................   170
  Statement from Cold War Patriots...............................   172
  A letter from Mary Dickson.....................................   173
  Statement from Wilfred Herrera, Governor, Pueblo of Laguna, and 
    Ryan Piley, Pueblo of Laguna.................................   176
  Statement from Linda Evers.....................................   182
  Statement from Larry J. King...................................   186
  An article entitled, ``Unexpected rates of chromosomal 
    instabilities and alterations of hormone levels in Namibian 
    uranium miners,'' PubMed.....................................   188
  An article entitled, ``An Innovative Approach to Enhancing 
    Access to Medical Screening for Miners using a Mobile Clinic 
    with Telemedicine Capability,'' Project MUSE.................   190
  An article entitled, ``Uranium Workers Demonstrate Lower Lobe 
    Predominant Irregular Pneumoconiotic Opacities on Chest 
    Radiographs,'' Project MUSE..................................   202
  An article entitled, ``Post-1971 Uranium Industry Workers Have 
    a Similar Radiologic Lung Disease Burden to Pre-1971 
    Workers,'' ATS Journals......................................   214
  An article entitled, ``Post-1971 Era Uranium Workers in New 
    Mexico Have Significant Lung Disease Burden,'' ATS Journals..   216
  An article entitled, ``Greater Odds for Angina in Uranium 
    Miners Than Nonuranium Miners in New Mexico,'' American 
    College of Occupational and Environmental Medicine...........   220
  Statement from Cipriano Lucero, Post '71 uranium worker........   227
  Statement from National Association of Atomic Veterans, Inc....   231
  Statement from the Honorable Michael F.Q. San Nicolas, a 
    Delegate to the U.S. House of Representatives for Guam.......   233
  Statement from Barbara K. Kent, survivor of atomic bomb Trinity   235

                 QUESTIONS AND RESPONSES FOR THE RECORD

Questions to Tina Cordova from the Honorable Chip Roy, a Member 
  of the Subcommittee on the Constitution, Civil Rights, and 
  Civil Liberties from the State of Texas for the record.........   238
Response from Tina Cordova to Honorable Chip Roy, a Member of the 
  Subcommittee on the Constitution, Civil Rights, and Civil 
  Liberties from the State of Texas for the record...............   239
Questions to Scott Szymendera from Honorable Chip Roy, a Member 
  of the Subcommittee on the Constitution, Civil Rights, and 
  Civil Liberties from the State of Texas for the record.........   242
Response from Scott Szymendera to Honorable Chip Roy, a Member of 
  the Subcommittee on the Constitution, Civil Rights, and Civil 
  Liberties from the State of Texas for the record...............   243

 
                      EXAMINING THE NEED TO EXPAND.
       ELIGIBILITY UNDER THE RADIATION EXPOSURE COMPENSATION ACT

                              ----------                              


                       Wednesday, March 24, 2021

                     U.S. House of Representatives

          Subcommittee on the Constitution, Civil Rights, and

                            Civil Liberties

                       Committee on the Judiciary

                             Washington, DC

    The Subcommittee met, pursuant to call, at 2:03 p.m., via 
Webex, Hon. Steve Cohen [Chair of the Subcommittee] presiding.
    Present: Representatives Cohen, Ross, Johnson of Georgia, 
Jackson Lee, Jordan, Johnson of Louisiana, Fischbach, and 
Owens.
    Staff Present: David Greengrass, Senior Counsel; Madeline 
Strasser, Chief Clerk; Moh Sharma, Member Services and Outreach 
Advisor; Jordan Dashow, Professional Staff Member; Cierra 
Fontenot, Staff Assistant; John Williams, Parliamentarian; 
James Park, Chief Counsel; Will Emmons, Professional Staff 
Member; Matt Morgan, Counsel; James Lesinski, Minority Counsel; 
and Kiley Bidelman, Minority Clerk.
    Mr. Cohen. The Committee on the Judiciary's Subcommittee on 
the Constitution, Civil Rights, and Civil Liberties will come 
to order. Without objection, the Chair is authorized to declare 
a recess of the Committee at any time.
    I welcome everyone to today's hearing on ``Examining the 
Need to Expand Eligibility under the Radiation Exposure 
Compensation Act.'' Before we begin, I would like to remind 
Members that we have established an email address and 
distribution list dedicated to circulating exhibits, motions, 
or other written materials that Members may want to submit 
during this hearing. If you would like to submit materials, 
please send them to Judiciarydocs--that is 
[email protected]. We will distribute them to the 
Members and staff as quickly as we can.
    I will now recognize myself for an opening statement. The 
purpose of today's hearing is to examine whether Congress 
should reauthorize and expand compensation eligibility under 
the Radiation Exposure Compensation Act, also known as RECA, an 
acronym. Enacted in 1990, RECA established a program 
administered by the Department of Justice to pay compensation 
to certain individuals who were harmed by the U.S. Government's 
atmospheric testing of atomic weapons.
    RECA also provides for payment to certain uranium mine 
workers who were harmed as they labored to produce the 
necessary raw materials for U.S. atomic weapons development. 
Starting in the 1940s with the development of the atom bomb 
during World War II and spurred on by the ensuing Cold War with 
the former Soviet Union, the U.S. Government embarked on a 
decades-long program of nuclear weapons development. This 
development program included over 1,000 atomic weapons tests, 
including aboveground atmospheric testing.
    In the Continental United States, this atmospheric testing 
occurred primarily but not exclusively at the Nevada test site 
where the Federal Government conducted 100 atmospheric tests 
during the 1950s and early 1960s. In the same period, the 
United States also conducted hundreds of underwater and 
atmospheric atomic tests in various areas of the Pacific Ocean.
    Coinciding with this period was an increase in uranium 
mining. Thousands of U.S. uranium workers labored to produce 
the raw materials necessary to fuel the U.S. atomic weapons 
development. During this period, the U.S. Government was the 
sole purchaser of uranium ore. In fact, private ownership of 
uranium ore was illegal until 1964 when the Federal Government 
permitted it for the purpose of fueling nuclear power plants.
    Many uranium mines were located on Tribal lands, and many 
uranium mine workers were drawn from the surrounding Native 
American communities. Although the U.S. Government and private 
mining companies they contracted with knew of the dangers that 
are inherent in uranium mining, they did little to warn these 
Native American uranium workers or their communities about the 
dangers inherent in uranium mining. Many Native American 
communities and Tribal lands still bear the scars of that 
injustice.
    While the U.S. Government stopped purchasing uranium for 
atomic weapons in 1971, the labor conditions in the uranium 
mining industry it fostered did not suddenly improve after the 
Federal Government officially pulled up stakes.
    Despite efforts to improve uranium worker safety through 
increased Federal regulation, uranium mine workers continued to 
face elevated risk from radon exposure after 1971. The Federal 
Government in many ways failed to adequately protect or warn 
people about the potential hazards associated with this atomic 
weapons development.
    Regarding atmospheric testing, the government failed to 
warn communities downwind from the test sites, both in the 
continental United States and in the Pacific, including U.S. 
territories such as Guam, of the dangers from radiation. 
Similarly, with respect to uranium mining, the Federal 
Government failed to warn or adequately protect uranium workers 
and their communities regarding the dangers posed by radon and 
radioactive particles. Indeed, the government, in many cases, 
failed to warn or adequately protect its own personnel present 
at atmospheric testing sites or those who years later were sent 
by the government to clean up those radioactive testing sites.
    Underlying this history is the fact that the U.S. 
Government was not only in the best position to potentially 
mitigate the harm its atomic weapons development caused, but it 
also had a responsibility to do so. Congress passed RECA over 
30 years ago with the knowledge that that fact, as well as the 
fact that while the whole country may have benefited from the 
purported security resulting from the development of atomic 
weapons, certain individuals and communities disproportionately 
bore most of the harms and risks that came with it, yet many 
individuals affected by the U.S. Government's harms that I 
described remain ineligible under the RECA program. Many of 
these individuals are arguably similarly situated to others 
currently eligible under RECA if they have been denied the 
chance for compensation and despite the continuing negative 
impacts of the government's atomic weapons development.
    As we consider the question of whether Congress should 
revise eligibility requirements under RECA, I would encourage 
the Subcommittee to carefully consider the testimony we gather 
today as this issue has deeply affected the lives of many, 
including some of our Witnesses that will be joining us.
    I would like to thank our colleagues, one of our colleagues 
on the Judiciary Committee, Representative Greg Stanton, and 
our former House colleague, now Senator Ben Ray Lujan, for 
their leadership on this important issue. I would also like to 
acknowledge leadership of Senator Mike Crapo, who chaired a 
similar hearing in 2018 before the Senate Judiciary Committee, 
for his leadership on this issue as well. I thank all our 
Witnesses for being here. I look forward to their testimony.
    At this point, it is my pleasure to recognize the Ranking 
Member of the Subcommittee, the gentleman from Louisiana, Mr. 
Johnson, for his opening statement. You need to unmute.
    Mr. Johnson of Louisiana. Sorry. There we go. I appreciate 
that.
    Mr. Chair, thank you for the time and the hearing. This is 
a bipartisan concern, and so we treat it as such.
    To restate some of the important facts here at the outset, 
for those who may not be familiar with the whole history of 
this, as you have indicated, near the end of World War II, the 
U.S. detonated the first atomic weapon at the Trinity test site 
near Alamogordo, New Mexico. Between this first test in 1945 
and 1963, the U.S. conducted nearly 200 atmospheric or 
aboveground automatic weapons tests. A majority of these tests 
took place at the Nevada test site, a government facility 
located in Nye County down there. Additional atmospheric tests 
took place at locations in the Pacific Ocean and the south 
Atlantic Ocean.
    From 1942 through 1971, the U.S. also purchased uranium ore 
and operated mines to extract uranium from locations in the 
American Southwest and West. This mining of uranium was the 
primary fuel for atomic weapons during that period. These 
activities have led to incidences of cancer and other 
radiation-related illnesses among people who participated in 
the test, who lived in close proximity to the test, or who 
mined, milled, or transported the uranium used in the 
manufacture of the automatic weapons--atomic weapons.
    In 1990, Congress passed, as you said, the Radiation 
Exposure Compensation Act, or RECA, as we call it, to provide 
partial restitution to those individuals who were affected. 
Administered by the Department of Justice, RECA has paid more 
than $2.45 billion in compensation to nearly 38,000 claimants 
over the past three decades. With RECA scheduled to sunset a 
little more than a year from now and with the number of pending 
claims dwindling, some here in Congress have proposed extending 
and expanding RECA.
    As we consider these proposals, I think we should keep in 
mind how and why RECA was structured by Congress. It was 
designed to provide partial compensation to those people whose 
health was adversely affected by their participation in or 
their close proximity to the development and testing of these 
automatic weapons. These are individuals whose health ailments 
can be reasonably determined to come from the U.S. Government's 
activities.
    This intent is reflected in the one-time nature of the 
payments available under RECA and the specific eligibility 
requirements for compensation. In order to be eligible for 
compensation under RECA, a claimant must meet specific 
geographic, temporal, and disease requirements.
    As our understanding of the health effects from nuclear 
testing has improved, of course, Congress has returned to amend 
RECA. For instance, Congress enacted the Radiation Exposure 
Compensation Act amendments in the year 2000 to expand the list 
of qualifying diseases, add additional geographic areas, tweak 
filing requirements, add additional qualifying occupations in 
the uranium mining sector, and extend the deadline for filing a 
claim.
    Since the last time that Congress meaningfully amended RECA 
and commissioned a study on whether to expand the so-called 
downwinder eligibility area. Downwinders are people who live in 
areas affected by fallout from atmospheric weapons tests. This 
report examined a wide range of items previously identified by 
Congress and made recommendations, such as the application of a 
probability-based model for eligibility under RECA. As we 
consider proposals to expand and extend RECA, we should examine 
the conclusions of that report as well as expert testimony so 
as to accurately evaluate what steps should be considered by 
this Congress.
    I thank our Witnesses for appearing today, and we look 
forward to your testimony.
    Mr. Chair, before I yield back, I have statements from 
Senator Crapo of Idaho and one of his constituents, Ms. Tonya 
Henderson, who heads the Idaho Downwinders Association. I ask 
consent that these statements be included in the record.
    Mr. Cohen. Without objection, so done.
    [The information follows:]

      

                MR. JOHNSON OF LOUISIANA FOR THE RECORD

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[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

    Mr. Johnson of Louisiana. Thank you, Mr. Chair. I yield 
back.
    Mr. Cohen. Thank you, Mr. Johnson.
    Mr. Nadler is not here, so he won't be giving an opening 
statement.
    I think Mr. Jordan is here. Would he like to give an 
opening statement?
    Mr. Jordan. Thank you, Mr. Chair. I am fine right now. I 
look forward to hearing from our Witnesses.
    Mr. Cohen. Thank you, Mr. Jordan.
    Our Witnesses are present. We welcome our Witnesses and 
thank them for participating in today's hearing. I will now 
introduce each of the Witnesses and, after each introduction, 
will recognize that Witness for his or her oral testimony. Your 
written statement will be entered into the record in its 
entirety, and I ask you to summarize your statement in 5 
minutes.
    Because of the absence of a timing light as we have in the 
Committee room, I will note orally when 5 minutes have elapsed 
and bang my gavel. There will be a timer on your screen, so 
please be mindful of it.
    Before proceeding with testimony, I would like to remind 
everybody that you have a legal obligation to provide truthful 
testimony and answers to the Subcommittee. Any false statements 
you make today may subject you to prosecution under section 
1001 of title 18 of the United States Code.
    Today, we have two Witness panels. On our first panel are 
two of our colleagues. Per our usual custom, we will not be 
asking them any questions.
    Our first Witness is Senator Ben Ray Lujan. Senator Lujan 
represents the State of New Mexico in the United States Senate, 
having been first elected to that office in 2020. Previously 
for 12 years, he represented New Mexico's Third Congressional 
District in the U.S. House of Representatives and served as 
Assistant Speaker during his tenure in the House. Senator--when 
he was Representative Lujan had a great interest in this issue, 
and unfortunately, the Committee which did a lot with the other 
matters, did not get a chance to have a hearing. But he was 
certainly support of and wanted to have this hearing, and I am 
pleased that he is here today.
    Senator Lujan, you are now recognized for 5 minutes.

              STATEMENT OF THE HON. BEN RAY LUJAN

    Senator Lujan. Thank you, Chair. Before I begin, Mr. Chair, 
I ask unanimous consent to enter into the record a statement 
from Senator Orrin Hatch, a sponsor of the original Radiation 
Exposure Compensation Act amendments.
    Mr. Cohen. Without objection, that shall be done.
    [The information follows:]

      

                   HON. BEN RAY LUJAN FOR THE RECORD

=======================================================================

[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

    Senator Lujan. Thank you, Mr. Chair. To you and to all the 
Members, the Ranking Members, thank you for holding this 
hearing. And I want to also recognize Chair Nadler for the work 
they are doing and Mr. Johnson, who are not able to be with us 
today, for holding today's hearing to discuss the need to 
expand eligibility under the Radiation Exposure Compensation 
Act. I also want to thank Chair Nadler for joining me to meet 
with downwinders and uranium miners last summer. They 
appreciated your commitment and the conversation.
    So, Mr. Chair, while there has been a bit of history 
shared, I want to make sure that I am emphasizing some of it. 
Seventy-five years ago, rural New Mexico became ground zero for 
the detonation of the nuclear bomb at the Trinity test site. 
Henry, who was 11 years old at the time, he was living in 
Tularosa, New Mexico, with his family. That morning, he said he 
heard a large blast and saw a great flash of light. He said, 
``I got so scared,'' he wrote, that he thought the world was 
coming to an end.
    Francisco, another Witness of the Trinity test, said there 
was a large cloud in the shape of a mushroom. We realized later 
that the backs of cattle had turned White as though they had 
suddenly aged. The test was a total surprise to us. We were not 
even informed that the detonation was going to take place even 
after the test. No one communicated with us in regards to this 
major occurrence. That atomic bomb, Gloria wrote to me, has 
caused anguish to so many people in New Mexico. The people from 
New Mexico have suffered physically, mentally, and financially, 
and we are all here in hope that you will find a way to help 
us.
    While the Trinity test ushered in the start of the atomic 
age, it also marked the beginning of sickness and suffering for 
generations of people who lived and grew up in the Tularosa 
Basin or worked or lived in uranium mines and worked in those 
areas. For example, you can still find a high level of 
contaminants downstream from the Jackpile uranium mine in 
Laguna Pueblo, New Mexico. This was the world's largest open 
uranium pit.
    As President Jonathan Nez of the Navajo Nation will share 
with his testimony, the Navajo people continue to suffer from 
the legacy of uranium mining, 525 abandoned mines, and the 
largest hazardous waste spill that occurred at the Church Rock 
site in 1979.
    Thousands of New Mexicans who worked in uranium mines faced 
unsafe and dangerous conditions. So, Mr. Chair, one of the 
questions I ask is the first bomb that was detonated on 
American soil in New Mexico, the largest open uranium pit, one 
of the largest tragedies that occurred with uranium tailings, 
why are these communities not included in downwind designation?
    I invite you to listen to the story of Cipriano Lucero, a 
uranium miner from Grants, who recently passed away. He wrote: 
My respiratory protection consisted of a single paper mask per 
shift. The mask was useless after the first hour or so because 
it was covered in yellow cake. Most of the rest of the shift, I 
used a bandana to cover my face, but that stopped little of the 
yellow cake dust from being inhaled. There was no real 
protection from overexposure to radiation in the yellow cake 
area.
    To help those Americans who sacrificed so much for our 
national security, Congress passed the RECA in 1990 and later 
broadened the scope in 2000. Unfortunately, RECA currently 
leaves behind too many New Mexicans and people all across 
America. This includes downwind communities from the very first 
nuclear test in New Mexico. It is just not right. This is just 
one State. From 1945 to 1962, the United States conducted 
nearly 200 atmospheric nuclear tests in the arsenal that became 
the cornerstone of our Nation's Cold War. Downwinders in Idaho, 
Colorado, Montana, Nevada, Utah, and Guam still await justice. 
The mining and processing of uranium ore, which was essential 
to the development of weapons, was conducted by tens of 
thousands of workers from across the country. Far too many of 
these workers are now sick and dying and were not included in 
the original designation of RECA.
    That is why we all have to come together. These people 
deserve justice. That is why I have been proud to work on this 
issue in the House, and I am now proud to work with Senator 
Crapo in the Senate. It is a matter of fairness. When this 
legislation is reintroduced in the House, I urge the Committee 
to Act on it.
    Mr. Chair, I will leave you with this. I had one elder 
Navajo woman who made the journey to Washington, DC, to 
testify, and she asked Congress one simple question: Are you 
people waiting for us all to die so the problem goes away?
    Remember those words from Gloria. We hope that you will 
find a way to help us.
    Mr. Chair, we came together in a bipartisan fashion, and we 
passed the Zadroga Act. It was the right thing to do for fellow 
Americans. We came together, and we passed legislation to 
protect people from exposure that serve our country, veterans, 
soldiers, from the burn pit exposure. It was the right thing to 
do for fellow Americans. We can work on this issue with RECA. 
Let's work together to make sure we are not leaving our fellow 
Americans behind one more day. I thank the Committee for their 
work, I look forward to working with you, and I pray that we 
can get this done. With that, Mr. Chair, I yield back.
    Mr. Cohen. Senator, let me thank you for your passion and 
your explanation. We had a busy agenda last year, and I had 
only a cursory perspective of this issue and thought of it as a 
local issue. It is not a local issue. It is a national shame, 
and I hope you will forgive me for not finding space to 
schedule this hearing when you importuned me to do so.
    Senator Lujan. Mr. Chair, you always fight for people, and 
you make a difference in their lives. That is very gracious of 
you. It is not necessary. We are here today, and I know that we 
can find a bipartisan path forward to get this done. I 
appreciate your words there, sir.
    [The statement of Senator Lujan follows:]
    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
    
    Mr. Cohen. Thank you, sir. I appreciate it.
    Our next Witness is Representative Greg Stanton. 
Congressman Stanton represents the Ninth Congressional District 
of Arizona, having been elected to a second term in 2020. 
Previously, he served as the mayor of Phoenix, Arizona, for 6 
years and as a member of the Phoenix City Council for 9 years.
    Congresswoman Stanton, you are recognized for 5 minutes.

               STATEMENT OF THE HON. GREG STANTON

    Mr. Stanton. Thank you very much, Mr. Chair.
    Chair Cohen, Ranking Member Johnson, and distinguished 
Members of the Subcommittee, I want to say thank you for the 
opportunity to speak about an important issue that impacts the 
lives of tens of thousands of people in my home State of 
Arizona. For far too long, residents across northwestern 
Arizona have been forgotten and victimized by the Federal 
Government. In fact, today's hearing is the first time in more 
than two decades that many Arizonans, known as downwinders, 
have even had the opportunity to be heard in the House of 
Representatives. I am hopeful that because of your leadership, 
your support, today's hearing will be a much-needed turning 
point in decades-long pursuit of justice for downwinders who 
have suffered for the sake of our national security.
    Let me provide a little background. From 1945 to 1992, as 
part of our Nation's Cold War deterrence efforts, the Federal 
Government conducted more than 1,000 atomic weapons development 
tests. Nearly all of them were detonated at the former Atomic 
Energy Commission Nevada test site, which is about 160 miles 
northwest of Kingman, Arizona.
    Of the tests done at the Nevada site, 100 were atmospheric 
tests, which means they were detonated above ground and created 
far-reaching nuclear fallout. The largest atmospheric test 
yielded an energy force equivalent to 74,000 metric tons of 
TNT. To put that in perspective, that is five times greater 
than the atomic bomb dropped on Hiroshima. Visually, those 
tests were about 150 times greater than the port explosion we 
all saw in Beirut last year.
    The sheer site of these tests was a marvel. There is a 
reason I want you to think about the visual here. As you will 
hear from one of the Witnesses today, families in Arizona would 
gather together, and they would have bomb parties where they 
would stand out in their front porches with neighbors or ride 
on horseback out in their fields to watch the massive orange 
mushroom clouds in the distance. They had no idea. They were 
never told that they were being exposed to dangerous, cancer-
causing radiation.
    As a direct result of the radiation exposure from these 
tests, thousands of Arizonans have suffered from cancer, entire 
families have suffered from cancer, and far too many have died. 
In an attempt to compensate some families who were hurt, 
Congress did create a program through the Radiation Exposure 
Compensation Act to provide partial restitution. Affected 
residents living in two of the closest counties east of the 
test site, Mohave County, Arizona, and Clark County, Nevada, 
were not included in the original designated affected area to 
receive compensation. For these families, it is a cruel 
injustice that ignores the reality that they have lived for 
decades.
    National Cancer Institute research shows that lower Mohave 
County and lower Clark County have even higher rates of 
radiation exposure compared to other parts of the country that 
are already covered by RECA. The Arizona Department of Health 
Services reports that Mohave County has one of the highest 
average cancer rates in our State from 1990 to 2001.
    As a Member of this Committee, I have worked tirelessly to 
right this historic wrong and to advocate on behalf of these 
Arizonans, and my office has heard an outpouring of stories 
from families and loved ones that highlight the impact nuclear 
testing has had on their lives. Matt Capalby, a third-
generation Mohave County resident, told me his father was a 
county doctor for nearly 40 years. Growing up there, everyone 
thought it was normal for adults to be diagnosed with cancer in 
their 30s and 40s. Danielle Stephens, a lifelong Mohave County 
resident, shared that 32 members of her extended family have 
been diagnosed with cancer, and nearly 20 of them have died of 
cancer before reaching the age of 55.
    These are stories of family after family in Mohave County, 
Arizona. Time is running out for these Americans, and it is 
long past time that the Federal Government take responsibility 
for its actions. It is time for Congress to take a hard look at 
the boundaries created under RECA so that those living in 
Mohave County and Clark County can finally receive the justice 
that they deserve.
    This is an important issue for Arizona, and so, Mr. Chair, 
I would also like to ask unanimous consent to submit for the 
record a statement from Senator Mark Kelly of Arizona in 
support of these efforts to expand the RECA program.
    Today, both sides of the aisle have a shared responsibility 
to get this right and make no mistake: This is a bipartisan 
issue. I know there are Members of the minority party in this 
Congress who care about this issue just as much as I do.
    So, thank you again, Chair Cohen and Ranking Member 
Johnson, for holding this important hearing and allowing me the 
opportunity to share these stories with the Subcommittee. I 
yield back.
    [The statement of Mr. Stanton follows:]
    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
    
    Mr. Cohen. Thank you, Congressman Stanton. I appreciate 
your bringing this issue to us again this year, and I 
appreciate Mr. Kelly. Do you have a statement from him to be 
entered into the record, Senator Kelly?
    Mr. Stanton. Yes, I do, Chair Cohen.
    Mr. Cohen. Without objection, that should be entered into 
the record.
    [The information follows:]

      

                  MR. STANTON FOR THE OFFICIAL RECORD

=======================================================================

[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

    Mr. Stanton. Thank you.
    Mr. Cohen. Thank you, Congressman Stanton.
    I want to thank the Witnesses on our first panel, our 
colleagues.
    I now turn to the second panel. The Witnesses on the second 
panel, please turn on your cameras at this time. I presume we 
have had enough time.
    Our first Witness on the second panel is Jonathan Nez. Mr. 
Nez is President of the Navajo Nation. He was elected to that 
position in 2018 and had previously served as vice President of 
the Navajo Nation. President Nez received his Master of Public 
Administration and his bachelor's degree from Northern Arizona 
University.
    President Nez, you are now recognized for 5 minutes.

                   STATEMENT OF JONATHAN NEZ

    Mr. Nez. Chair Cohen, Ranking Member Ross, and Subcommittee 
Members, I appreciate the opportunity to testify before the 
Subcommittee on the Radiation Exposure Compensation Act passed 
by Congress in 1990 and amended in 2000.
    My name is Jonathan Nez. I am the President of the Navajo 
Nation. I am here today to represent Navajo downwinders, 
uranium workers, and many other Navajo families and descendants 
who deserve fair and just compensation and healthcare for the 
risks they took and the sacrifices they made for this country.
    My testimony will focus on the Navajo Nation's experience 
with Federal uranium extraction initiatives that were mentioned 
earlier by our congressional representatives and our Senator 
and the need to expand eligibility under RECA and extend the 
life of the radiation exposure compensation program.
    I want to preface my testimony by first sharing who and 
where the Navajo Nation is located. The Navajo Nation is the 
largest land-based American Indian Tribe in the country, 
encompassing over 27,000 square miles that spans Arizona, New 
Mexico, and Utah, with nearly 350,000 citizens, half of whom 
reside on the Navajo Nation. With such a broad land base and 
areas that lie within multijurisdictional boundaries, the 
Navajo Nation encounters some of the most challenging obstacles 
when it comes to providing for and meeting the needs of its 
community, and that was highlighted throughout this pandemic.
    The Navajo Nation has a deep, complicated uranium legacy. 
From 1944 to 1986, approximately 30 million tons of uranium ore 
was extracted from Navajo lands to support America's nuclear 
activities, such as the U.S. military's Manhattan Project, 
World War II, and the Cold War. At that time, the United States 
Atomic Energy Commission was the sole purchaser of all uranium 
ore mined in the United States until 1970.
    Then, in 1979, an earthen dam was breached in Church Rock, 
New Mexico, resulting in the largest release of radioactive 
material in U.S. history. This uranium mill spill released more 
than 1,100 tons of solid radioactive mill waste and 93 million 
gallons of acidic radioactive tailings into the Puerco River, 
sending radioactive waste into several Navajo communities, 
threatening thousands of local residents. It has been 77 years 
since the United States opened uranium mining on the Navajo 
Nation and 42 years since the catastrophic Church Rock spill.
    During this time, a uranium mining boom transpired from 
these activities which led to the creation of hundreds of mines 
on and around the Navajo Nation. This meant that many of our 
Navajo people worked in these mines without proper safety 
measures and without knowledge of the long-term effects that it 
would have on them and their loved ones.
    Once the Cold War ended and the Federal Government no 
longer needed uranium ore to produce nuclear weapons, all of 
these mines were abandoned without any reclamation, let alone 
remediation.
    There are approximately 524 abandoned uranium mine sites on 
the Navajo Nation while the Navajo Nation estimates there could 
be far, far more. Unfortunately, only 219 of these sites have 
available funds for cleanup and remediation efforts, leaving a 
total of 305 sites not being addressed, and that poses severe 
environmental and health hazards to surrounding areas and 
people.
    Although there is approximately $1.7 billion to clean up 
the 219 mine sites, it is not enough. The Navajo Nation 
estimates that it will cost an additional $3.5 billion to 
address the remaining 305 sites, which does not include the 
cost of long-term monitoring and maintenance.
    Last week, I had an opportunity to meet virtually with 
advocates and several surviving uranium miners. As you know, 
Navajo Nation has been hit hard with COVID-19, and we have lost 
some of those post-1971 mine workers throughout this pandemic. 
Over 1,200 of our Navajo people have lost their lives here on 
the Navajo Nation due to this pandemic.
    We met with Navajo government officials, including Mr. 
Duane Johnson, who oversees the Navajo uranium workers program. 
There, I heard an outcry of the need to expand RECA.
    To summarize five key points and proposed changes to RECA, 
number one, eligibility. Current RECA law only covers pre-1971 
uranium workers. Post-1971 are ineligible. The RECA coverage 
period should be extended to 1990 to provide fair compensation 
and healthcare for the risks and sacrifices these workers and 
their families made for this country.
    Two, downwinders are ineligible. Coverage under RECA also 
needs to be expanded to include all downwinders who have 
suffered from uranium exposure. The Navajo Nation also supports 
Navajo downwinders suffering the impacts from abandoned uranium 
mines. RECA does not address the impacts of now elevated levels 
of radiation in Navajo lands and drinking water sources.
    Three, extend RECA's 2022 deadline. The program is 
currently set to end in 2022 as was mentioned, and this 
deadline must be extended to provide adequate time for claims 
to be filed. In addition, a deadline extension is essential for 
the Navajo Nation because of the unique difficulties 
experienced by Native individuals in satisfying the 
documentation requirements of the program; for example, lack of 
broadband to file claims, verifying employees for companies no 
longer in operation, and proof of residency since we don't have 
rural addressing.
    Four, expand eligibility to include additional categories 
of workers and cancers. RECA coverage also should be expanded 
to include additional categories of uranium mine workers, such 
as core drillers and Department of Energy remediation workers. 
Currently, only underground and surface workers are included. 
RECA should also cover additional types of cancers, 
particularly prostate and uterine cancer, as well as lung 
disease and kidney failure, all of which are a high incidence 
in the Navajo population.
    Five, increase compensation cap to a $200,000 minimum. The 
original cap of $100,000 per individual must be increased to at 
least $200,000 to provide any fair measure of compensation as 
recommended in previous--
    Mr. Cohen. Mr. President, your 5 minutes has been up for a 
while. I have just never stopped a president.
    Mr. Nez. I am sorry. Mr. Chair and Members of the 
Committee, one final thought. Just thanking the Navajo Uranium 
Radiation Victims Committee to have worked tirelessly on that 
with the Senators and the Representative, Phil Harris, Tommy 
Reed, Harry Desiderio, Mary Kirlie, Leslie Begay, and many 
others, including our very own Navajo Nation council delegate, 
Amber Crotty. Thank you again for the opportunity to testify 
before the Subcommittee, and I am open to answer any questions 
you may have. Thank you.
    [The statement of Mr. Nez follows:]
    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
    
    Mr. Cohen. You are welcome. Thank you, Mr. President.
    Our next Witness is Lilly Adams. Ms. Adams is an 
independent consultant specializing in nuclear weapons issues. 
She is the founder and coordinator of the Nuclear Voices 
Project, which builds connection between nuclear policy 
organizations and nuclear frontline communities and seeks to 
amplify issues of nuclear justice. She has done consulting work 
for the Union of Concerned Scientists and its global security 
program and is a member of the Board of Directors of the Arms 
Control Association. Ms. Adams holds a master's degree from the 
University of California Berkeley in society and environment.
    Ms. Adams, you are recognized for 5 minutes.

                    STATEMENT OF LILLY ADAMS

    Ms. Adams. Thank you very much, Chair Cohen, Chair Nadler, 
Ranking Member Johnson, and all Committee Members for the 
opportunity to testify today. I would like to thank the many 
individuals who supported this testimony, including many 
Members of impacted communities, my colleagues at the Union of 
Concerned Scientists, and a number of other researchers.
    The Radiation Exposure Compensation Act is a valuable but 
limited program that just begins to address the suffering and 
harm caused by U.S. nuclear weapons testing and uranium mining. 
Between 1945 and 1963, the U.S. Government conducted more than 
200 aboveground nuclear weapons tests. One hundred of the tests 
were at the Nevada test site, about 65 miles northwest of Las 
Vegas. This exposed people near the site and across the United 
States through inhalation of radioactive debris and ingestion 
of contaminated food, especially milk.
    Starting in the 1940s, the United States also greatly 
expanded uranium mining and processing for the nuclear weapons 
program in sites across the western United States. Workers were 
exposed to radiation from gas and dust in the mines and 
processing sites.
    RECA begins to address the legacy of harm caused by testing 
and mining by offering a governmental apology and providing 
one-time compensation of $50,000 to $100,000 to individuals 
with specific diseases presumed to have been caused by 
radiation exposure. Compensation is available to some nuclear 
testing downwinders to people onsite during tests, including 
veterans, and to some uranium workers.
    RECA was established in 1990, was minimally expanded in 
1992, and again in 2000, but it has not been updated in 20 
years. Meanwhile, people have been suffering while waiting for 
compensation. This program is crucial and should be expanded. 
The U.S. Government knew the potential for health risks from 
radiation exposure, was urged to take precautions, but did not 
take adequate steps to protect or inform U.S. residents or 
monitor their health.
    In the case of nuclear testing, the government often 
dismissed and suppressed information about contamination and 
exposure and downplayed the risks of tests to nearby residents, 
even encouraging people to watch them. Uranium workers were 
also not told about their deadly working conditions, and the 
U.S. Government generally did not enforce even simple safety 
measures, such as adequate mine ventilation, even after 
receiving explicit recommendations to do so and even after 
miners began getting sick and dying at alarming rates.
    Without their knowledge or consent, many thousands of 
people paid the ultimate price, their health and their lives, 
to allow the United States to produce nuclear weapons.
    In 1982, over 1,000 downwinders sued the U.S. Government, 
seeking compensation for these harms. The Federal court ruled 
that the government had, indeed, been negligent in monitoring 
off-site exposures and informing people of the risks. However, 
the ruling was overturned by the U.S. Government, which 
asserted it could not be held liable, which, in part, led 
Congress to finally create RECA.
    RECA, in its current form, has many shortcomings. Most 
urgently, RECA is set to expire in July of 2022. After that, no 
claims can be made. This is unjust both because cancers caused 
by this radiation exposure can take decades to appear and 
because some still do not know they are eligible due to 
insufficient community outreach and assistance.
    Additionally, compensation amounts for RECA have remained 
unchanged over the last 30 years and are minimal, often not 
even covering the cost of cancer care. RECA does not cover 
uranium workers after 1971, even though the U.S. continued to 
purchase domestically produced uranium and working conditions 
continued to gravely threaten worker health.
    Multiple studies provide strong evidence that the full 
population of people who are exposed to nuclear testing are not 
currently covered. As a result, proposals have been put forward 
to add parts or all of Idaho, Montana, Colorado, New Mexico, 
Utah, Nevada, Arizona, and Guam to the program. In addition, 
while RECA currently covers people who were onsite for nuclear 
tests, it does not cover the veterans and civilians who cleaned 
up radioactive material left behind by tests and nuclear 
accidents.
    Finally, the list of presumptive diseases and eligible 
occupations should be reviewed and updated to reflect the 
latest scientific research.
    In summary, RECA is currently falling short. These 
communities who have suffered decades of painful cancers and 
other illnesses, often devastating whole families, even whole 
communities, deserve compensation and care from their 
government. We have an opportunity to help them.
    While I am grateful to be able to provide an overview of 
these issues, I also urge the Committee to read the testimonies 
of these community members who have experienced this issue 
firsthand. Many of their stories are being submitted into the 
record, and it is so important that they are heard.
    I would like to end with a quote from Linda Evers, who 
worked in a uranium mill in Grants, New Mexico, from 1976 to 
1982 and so is currently excluded from RECA, she says: We were 
told every day that we were working to secure the freedom of 
every American in this country, and it seems that it is a harsh 
reality that the country we gave our lives for continues to 
ignore us now when we need our government to help us.
    Thank you.
    [The statement of Ms. Adams follows:]
    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
    
    Mr. Cohen. Thank you, Ms. Adams. I appreciate your life's 
work and your testimony.
    Our next Witness is Jean Bishop. Ms. Bishop is a member of 
the Mohave County, Arizona, Board of Supervisors, where she 
represents the supervisor of District 4. She has held this 
position since the year 2014, plus a number of other public 
service positions throughout her career, including as deputy 
sheriff and sergeant of the Mohave County Sheriff's Office, a 
commander of the Mohave County Air Search Squadron, and a 
captain in the Chloride Volunteer Fire Department. Ms. Bishop 
holds a degree in applied science from Mohave Community College 
as well as a number of other professional and technical 
certifications.
    Ms. Bishop, you are recognized for 5 minutes.

                    STATEMENT OF JEAN BISHOP

    Ms. Bishop. Thank you, Mr. Chair, and Members of the 
Subcommittee, and thank you for the opportunity to provide this 
testimony this morning.
    As you noted, my name is Jean Bishop, and I am the 
Supervisor of District 4, Mohave County Board of Supervisors, 
here in Arizona. My testimony is unique in that my statements 
are on behalf of the citizens of our county and also 
individually, as both my family and I have been impacted by the 
nuclear testing conducted at the Nevada proving grounds.
    For years, the Arizona congressional delegation has 
supported legislation that would amend the RECA to recognize 
the many Mohave County residents that worked and lived downwind 
from the nuclear testing sites and were adversely affected by 
the radiation exposure that was generated by this ground 
nuclear weapons testing that occurred outside of Las Vegas, 
Nevada.
    In addition, the Board of Supervisors has adopted four 
different resolutions supporting Federal legislation and 
requested amendments to be made to the radiation exposure 
screening and education program. With the pending expiration 
and hopefully renewal of RECA, now would be the perfect time to 
amend the boundaries of the covered areas and include all of 
Mohave County, which, coincidentally, is a neighboring county 
located to the east of Las Vegas, Nevada.
    I wanted to tell you a little bit about my personal story, 
which begins when I was just a baby. Atomic explosions filled 
the sky near my family home outside of Las Vegas, Nevada. It 
was in the early 1950s when my family lived downwind from the 
government nuclear test sites and later moved to Mohave County.
    Between 1951, which was my birth year, and 1963, the United 
States Government, through the Atomic Energy Commission, 
detonated hundreds of these nuclear bombs near our home in the 
Nevada desert. Over and over, my parents were told that the 
testing was safe as our family stood on the front porch and 
watched in horror as the sky filled with dust.
    At the time, we were encouraged to celebrate the advances 
of our government, and we did. Unfortunately, we were blind for 
the fact that radioactive fallout would kill and sicken 
numerous members of our family. Regrettably, the radioactive 
fallout not only impacted our family but families for hundreds 
of miles surrounding the test site.
    My immediate family members that were impacted include my 
oldest sister, Judy. She died of a brain cancer in 1968. I was 
diagnosed with breast cancer in 2013, and during my treatment a 
year later, my sister was diagnosed with breast cancer in 2014. 
Then my husband was diagnosed with prostate cancer, and that 
was in 1998. At last count, 32 people of my husband's family 
have died from various types of cancer. Currently, his younger 
sister, who was mentioned earlier by Congressman Stanton, 
Danielle Stevens, is in her final days fighting Stage 4 colon 
cancer.
    My husband worked on the family cattle ranch during the 
testing period, and they all watched the clouds move from the 
test site downwind across the sparsely populated areas as they 
would ride their horses up on the mountaintops to watch. 
Everyone on the ranch was given radiation detectors by the 
government to wear on their clothes while they are out doing 
their cowboy duties. This was to measure radioactivity. So, the 
government knew that there was radioactivity being spread 
downwind. The cowboys and the ranchers thought they were being 
patriotic and helping their country. Unfortunately, they were 
never provided the results of those measurements.
    So, Congress created this RECA act. It is a program that 
would provide partial restitution to individuals who developed 
illnesses after this radiation exposure. I am certain that the 
Committee Members are aware that the Act still doesn't include 
part of Clark County immediately adjacent to the testing site 
and the southern part of Mohave County, which is directly 
downwind, even though the cancer rates here are much higher. 
RECA has included counties that are further east and southeast 
to both Mohave and Clark Counties. So, you will see behind me 
is a map that kind of points out the areas that RECA covers, 
and I see that I am running out of town--out of time. So, my 
question to the Committee is, how could this radiation fallout 
be so precise to miss portions of Clark County and Mohave 
County, yet previous determinations found that counties located 
further east were more substantially impacted by the nuclear 
testing?
    Mr. Chair and Subcommittee Members, I respectfully request 
that you extend RECA and expand the coverage area to include 
Clark County and Mohave County. Thank you for your time, and I 
yield.
    [The statement of Ms. Bishop follows:]
    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
    
    Mr. Cohen. Thank you, Supervisor Bishop.
    Our next Witness is Scott Szymendera. He is an analyst in 
disability policy with the Congressional Research Service, a 
position he has held since 2005. He has testified on at least 
five prior occasions before various congressional committees, 
including the 2014 field hearing entitled ``The Forgotten 
Downwinders: Amending the Radiation Exposure Compensation Act 
to Remedy an Injustice.''
    Mr. Szymendera received his Ph.D. and M.A. in political 
science from Michigan State University and his B.A. from the 
University of Maryland in College Park.
    You are now recognized for 5 minutes, sir.

                STATEMENT OF SCOTT D. SZYMENDERA

    Mr. Szymendera. Thank you. Chair Cohen, Vice-Chair Ross, 
Ranking Members Jordan and Johnson, and Members of the 
Subcommittee, my name is Scott Szymendera, and I am an analyst 
at the Congressional Research Service. Thank you for inviting 
CRS to testify today at today's hearing on the Radiation 
Exposure Compensation Act, or RECA, and possible expansions of 
RECA eligibility. A longer statement has been submitted for the 
record.
    Since its enactment in 1990, RECA has paid out nearly $2.5 
billion in benefits on more than 37,000 claims filed by and on 
behalf of onsite participants, downwinders, and uranium workers 
currently covered by the act. Pursuant to the 2000 RECA 
amendments, the RECA program is scheduled to sunset on July 10, 
2022, and absent congressional action to reauthorize the 
program, no new claims for benefits will be accepted by the 
Department of Justice after that date. The Fiscal Year 2021 
William M. ``Mac'' Thornberry National Defense Authorization 
Act included a provision expressing the sense of Congress that 
the RECA program should continue beyond its 2022 sunset date.
    On July 16, 1945, the United States detonated the first 
atomic bomb at the Trinity at the time site near Alamogordo, 
New Mexico, ushering in an era of extensive development and 
testing of atomic weapons that would last until 1992. During 
this period, the United States conducted 1,054 atomic weapons 
tests, including 100 atmospheric tests at the Nevada test site. 
The largest atomic weapons tests were conducted at various 
locations in the Pacific Ocean region, including Bikini Atoll 
and Enewetak Atoll in the Marshall Islands.
    Attempts to use the courts to recover damages from atomic 
weapons testing from the Federal Government and its contractors 
were unsuccessful due to the sovereign immunity of the United 
States and congressional action to immunize contractors. The 
first legislation to provide benefits to Americans affected by 
atomic weapons testing was introduced in 1979, and these 
efforts culminated in 1990 with the passage of the Radiation 
Exposure Compensation Act. RECA pays benefits to onsite 
participants and downwinders with cancer specified in the act. 
Onsite participants are persons who physically participated in 
an atmospheric weapons test or who engaged in certain cleanup 
and decontamination work after a test. Onsite participants are 
eligible for one-time payments of $75,000. Downwinders are 
persons who lived in designated areas in Arizona, Nevada, and 
Utah during atmospheric testing at the Nevada test site. 
Downwinders are eligible for one-time payments of $50,000. RECA 
also pays $100,000 to uranium miners, millers, and ore 
transporters with specified diseases linked to work performed 
before 1972. Each onsite participant, downwinder, or uranium 
worker is eligible for one benefit, which may be paid to them 
directly or to their survivors after their deaths.
    As RECA nears its 2022 sunset date, there are several areas 
of possible eligibility expansion that may be considered by 
Congress and that have been the subject of legislation in the 
116th and 117th Congresses. An expansion of eligibility for 
onsite participants could include eligibility for the 
approximately 8,000 service-members and civilians who 
participated in the cleanup of Enewetak Atoll between 1977 and 
1980.
    The geographic eligibility area for downwinders related to 
the Nevada tests could be expanded to include areas such as the 
southern portions of Clark County, Nevada, and Mohave County, 
Arizona, that are not currently part of the downwinder area. 
New downwinder areas could be created in New Mexico and Guam 
for persons affected by the Trinity tests and tests in the 
Pacific.
    The eligibility of uranium workers could be expanded to 
cover work performed after 1971 when the Federal Government's 
purchasing of uranium for the atomic weapons program ended and 
uranium mining and processing was largely conducted for 
commercial customers. More detail on each of these expansion 
proposals, including possible opposition to these proposals 
based on the congressionally mandated report by the National 
Research Council and the legislative intent of the RECA 
legislation, is covered in more detail in my written testimony.
    This concludes my testimony. I would be happy to answer any 
questions from the Subcommittee.
    [The statement of Mr. Szymendera follows:]
    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
    
    Mr. Cohen. Thank you for your faithful Federal employment 
and your testimony today.
    Our final Witness is Tina Cordova. In 2005, she cofounded 
the Tularosa Basin downwinders Consortium. The consortium's 
mission is to bring attention to the negative health effects 
suffered by the victims of the first nuclear blast on Earth 
that took place at the Trinity site in south-central New Mexico 
and to pass amendments to the Radiation Exposure Compensation 
Act to bring healthcare coverage and compensation to the people 
of New Mexico who have suffered with the health effects of 
overexposure to radiation since 1945. She is a cancer survivor, 
having been diagnosed with thyroid cancer when she was 39 years 
of age. Ms. Cordova holds a Master of Science and a bachelor of 
science degree from New Mexico Highlands University. She 
majored in biology and minored in chemistry.
    Ms. Cordova, you are recognized for 5 minutes.

                   STATEMENT OF TINA CORDOVA

    Ms. Cordova. Chair Cohen, Ranking Members Jordan and 
Johnson, Members of the Subcommittee, and Representative 
Stanton, it is an honor and a privilege to provide this 
testimony on behalf of the many people I represent, not only in 
New Mexico but across the United States and the Pacific 
Islands, like my sisters and brothers in Idaho and Guam. Thank 
you for inviting me to participate.
    I want to especially acknowledge our champion, Senator 
Lujan. I firmly believe this hearing is a result of your dogged 
persistence and dedication to this issue. You told us that you 
would stand with us, and you have lived up to your word, sir, 
and we honor you.
    My name is Tina Cordova. I am a Native New Mexican, a 
downwinder, and a cancer survivor. I am also a community 
organizer and a cofounder of the Tularosa Basin Downwinders 
Consortium, or TBDC, for short. We have been working for 16 
years to bring attention to the negative health effects 
suffered by the people of New Mexico as a result of their 
overexposure to radiation from the first atomic bomb test that 
took place at the Trinity site at New Mexico on July 16, 1945.
    The Trinity test was the culmination of the top-secret 
Manhattan Project. Most people know the history of the project 
and the test, but few people know anything of the ensuing 
destruction of human health that took place after the test. It 
is our hope that, through this testimony and the written 
testimony already submitted, each of you will become more 
informed of the toll this took on the American citizens that 
lived in close proximity to the test site. Our ultimate goal is 
for the U.S. Congress to acknowledge the sacrifice and 
suffering of their fellow Americans and extend healthcare 
coverage and compensation to the people of New Mexico and other 
downwinders through amendments to the Radiation Exposure 
Compensation Act.
    The U.S. Government has always described the area around 
the Trinity site as remote and uninhabited. We know from Census 
data that there were an estimated 40,000 men, women, and 
children living in a 50-mile radius to the test site. There 
were ranching families that lived as close as 12 miles.
    The bomb at Trinity had some unique qualities that produced 
significant fallout. It was the only bomb ever tested on a 
platform 100 feet off the ground, and it was highly 
inefficient. A full 10 pounds of plutonium with a half-life of 
24,000 years went up in a fire ball that exceeded the 
atmosphere and penetrated the stratosphere.
    For days, a radioactive ash fell from the sky and settled 
on everything, the soil and the water and the air on the plants 
and on the skin of every living thing. It was a public health 
disaster of grand proportions. People also lived off the land. 
They had no running water, and they used cisterns to collect 
rainwater for drinking, cooking, et cetera. They depended on 
the Earth, the soil, the water to produce all the food they 
ate. They had gardens and orchards, and they raised animals for 
food. We were never warned before or after the test about the 
dangers of the bomb.
    It is patently false that those in charge of the test 
didn't know that people living in the small communities around 
the test site would be harmed. They did, but they chose secrecy 
and then denial over the well-being of American citizens, and 
it cost those citizens their lives, their futures, and their 
economic security. Most people affected were Hispanos, 
indigenous people of color, including those living on the 
Mescalero Apache Reservation, 40 miles east of the test site.
    The most difficult truth we must all face is the fact we 
had casualties from the Trinity test, and they were our babies. 
There was a sharp rise in infant mortality after the Trinity 
test. Babies in New Mexico were dying at an alarming rate. When 
we were losing our babies, and it was reported to the 
government, we were refused assistance. This is unconscionable 
and actually a total outrage.
    The test was the beginning of the end for so many people, 
people like my own father, who was a 4-year-old child living in 
Tularosa, a village about 40 miles south of the Trinity site. 
As a result of his overexposure, he paid the ultimate price for 
simply being a child raised in a downwind community. My father, 
Anastacio Cordova, died after suffering for more than 8 years 
with three different cancers for which he had no risk factors. 
He didn't smoke, drink, use chewing tobacco, or have any 
viruses. Yet he developed two distinctly different rare oral 
cancers along with prostate cancer.
    My father was a strong man in mind and body. He grew up 
that way, always living in the shadow of his own father who was 
killed in Germany during World War II. As a result of my 
father's first cancer, he had to have part of his tongue 
removed at the base of his throat. He had a feeding tube for 
over 18 months because he couldn't swallow. My father, who had 
the most amazing voice, couldn't sing any more or whistle which 
is what he did as he went about his days. He recovered only to 
develop prostate cancer and then, after 8 years, another 
cancerous lesion on the front of his tongue. We couldn't 
believe it after all he had been through.
    My father fought the good fight, but he lost his battle to 
cancer. I will never forget the day he told me he was ready to 
die. He couldn't speak anymore, and he mouthed the words. I was 
with my dad that March evening when he took his last breath. It 
forever changed me. I am not the same person. I often weep as I 
think about it.
    As I deliver this testimony, I am currently assisting my 
dad's older sister, who is 81 years old, prepare for breast 
cancer surgery and follow-up treatment. Cancer and the horrific 
treatment associated with it is well known to her. 
Unfortunately, she lost her husband and her brother, my dad, 
within a few months of each other to cancer.
    There is no doubt my father and his sister were overexposed 
to high levels of radiation from the Trinity test. It also 
damaged and altered their DNA. Those genetics were passed on to 
me, and it may be why I developed thyroid cancer when I was 39, 
or it may be because I and all the people of New Mexico were 
exposed to radiation as a result of the testing that took place 
at the Nevada test site well documented through the summer of 
1962.
    Living in rural New Mexico, we can never get treatment at 
home because there are no medical facilities in the small towns 
where we live. New Mexico has the highest per capita use of 
Medicaid to access healthcare coverage of any State in the 
United States. We know from surveying downwinders that many of 
them use Medicaid.
    Mr. Cohen. Ms. Cordova, Ms. Cordova, your time is way over. 
If I may ask some questions--
    Ms. Cordova. Can I just close? Can I just close, sir?
    The late, great Congressman John Lewis, a treasured 
colleague of yours, once said: When you see something that is 
not right, not fair, not just, you have to speak up. You have 
to say something. You have to do something.
    We totally agree with Congresswoman Lewis. We firmly 
believe there is a moral and ethical imperative to right this 
wrong. We believe that, after carrying this burden for over 75 
years, we should be granted the same treatment as other 
downwinders received through RECA.
    There is a path to healing for us and for all the 
downwinders left out. It starts with the recognition of our 
service and our sacrifice to our great Nation and is complete 
only when we are afforded the exact same care and coverage as 
other downwinders. Not one dime more, not one dime less. Thank 
you, sir.
    [The statement of Ms. Cordova follows:]
    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
    
    Mr. Cohen. Thank you, Ms. Cordova. Thank you.
    We will now proceed under the 5-minute Rule with questions. 
I will begin by recognizing myself for 5 minutes.
    Ms. Cordova, it is surprising to me that, even though New 
Mexico was the birthplace of the atomic bomb and the first 
nuclear weapons test occurred there, New Mexico downwinders are 
currently ineligible for compensation under RECA, despite what 
seems like the obvious connection between the government's 
nuclear test and exposure to radiation. How has your community 
been impacted by the government's nuclear activities, and how 
is this similar to the circumstances of those already eligible 
for RECA?
    Ms. Cordova. Well, sir, the thing that has to be first 
recognized is that it was the first test ever conducted and 
because of that there were a lot of unknowns, but the thing 
that they did know is that people would be affected, and they 
did nothing to actually remove us or relocate us during the 
test procedure. We have been highly overexposed.
    Exposure to radiation is a factor of distance and time, and 
we had people living as close as 12 miles to the test site, 20 
miles, 25 miles, 30 miles, and so our exposure was very, very 
high. We don't have medical facilities in all those little 
towns, so people have to leave from where they live to get 
taken care of.
    Just, like I said, we have the highest use of Medicaid of 
any State in the union, 47 percent of the people in New Mexico 
use Medicaid to access healthcare. I know because we have 
surveyed Downwinders in many of those communities that people 
utilize Medicaid to access healthcare coverage and I know that 
uranium miners do as well.
    So, I guess, my answer to your question is, we have 
suffered greatly. We have high instance of cancer and other 
diseases associated with radiation exposure and we often times 
get diagnosed much later in the disease process because we 
don't have access to healthcare coverage, and what that means 
is our prognosis is reduced.
    The other thing I want to point out that we brought up 
early on during the pandemic is that when you are a Downwinder 
or a uranium miner and you have been exposed and you have 
underlying conditions, you don't fair very well inside of a 
pandemic like what we have been experiencing.
    President Nez mentioned earlier the deaths on the Navajo 
reservation and the number of uranium miners that have died. I 
know it is because of their underlying conditions. I know it is 
because their immune systems are compromised. I know it is 
because they have all sorts of underlying problems. So, we 
don't fair very well also inside of the pandemic. I hope that 
answers the questions that you asked.
    Mr. Cohen. Thank you, Ms. Cordova.
    President Nez, Navajo and other Native American communities 
have been particularly impacted in various ways by the 
Government's nuclear activities, whether directly or 
indirectly, including with respect to nuclear testing and 
uranium mine.
    How is the uranium mining industry, which is fostered by 
the U.S. Government impact not only the individuals work the 
uranium industry, but also their communities and do you think 
as there was a large number of Native American communities 
affected by these blasts that there was discrimination and 
basically racial neglect inequities as the cause for RECA not 
extending to so many people in the Navajo Nation.
    Mr. Nez. Thank you for that question, Chair, and Members of 
the Committee.
    Let me just piggyback off the first question with Ms. 
Cordova. Navajo's and many Indian tribes throughout the country 
are Downwinders in two ways. Navajo, the blast, the testing, 
downwind, we get a lot of wind in the southwest as you know. 
The other is the open uranium mines that are all scattered 
throughout our Nation. The winds pick up the radiation and 
takes it eastbound, the direction of the wind.
    So, it doesn't just hit Navajos, it hits non-Navajo people 
along the way and with the--I believe that now is the time, 
Chair, to change some, including RECA, but also some of the 
regulations in the policies that oversee Tribal Nations. There 
is just so much bureaucracy, and I will share with you and the 
Committee a White paper that the Navajo Nation has developed. 
We learned some items during the CARES Act distribution of 
those barriers to improve the quality of life for our Navajo 
people, and one of those is building healthcare facilities.
    Did you know, Chair and Members of the Committee, there is 
only one and it is a small facility, one cancer treatment 
facility in all Indian country, in Tuba City, Arizona, the 
Navajo Nation. I just wanted to end my comments with that, and 
I think there is going to be an opportunity here for more 
economic and community development, especially with the--and I 
appreciate the Committee and the Congress for approving the 
American recovery--American Rescue Plan Act and also the 
discussion about infrastructure because we need infrastructure 
here on Navajo.
    So, thank you, Chair and Members of the Committee.
    Mr. Cohen. Let me do ask you--you didn't answer the 
question and maybe you didn't want to answer you the question 
and maybe it is just a foolish question, but do you think there 
any racism concerning Native Americans? There has been neglect 
for hundreds of years, and there has been all kinds of--we took 
your land. That was where we started, and it is a bad place to 
start. Do you think that was part of why this hasn't been as 
fair as it should be?
    Mr. Nez. Well, look at it this way, Chair and Members of 
the Committee, in the most powerful country in the world, 30-40 
percent of our Navajo people don't have running water. So, 
there is a problem here in this country. I appreciate the 
national media attention to educate the U.S. citizenry and also 
to educate Members of Congress.
    So, yeah, there is some racism if you want to call it that, 
some inequalities based toward people of color. Of course, I 
think because I see it every day here in Indian country. Thank 
you.
    Mr. Cohen. Thank you, Mr. President. I can see why you are 
Mr. President.
    I have taken up my 5 minutes.
    Mr. Johnson, are you available for questioning?
    Mr. Johnson of Louisiana. I am, Mr. Chair.
    Mr. Cohen. You are recognized for 5 minutes, sir.
    Mr. Johnson of Louisiana. Thank you. I had a couple of 
questions for Mr. Szymendera, but before I do that, I just 
wanted to reset the table. There has a been a lot of facts and 
figures that have been shared here in the last hour or so.
    So, Mr. Szymendera, just at the outset, can you briefly 
describe just for us to reset the three main groups that are 
eligible for compensation under RECA?
    Mr. Szymendera. Certainly, Congressman. The three main 
groups are on-site participants. These are people who were 
physically present at one of the atmospheric tests. It could 
have been at Trinity, New Mexico; at Nevada test site; or at 
one of the locations in the Pacific. They were onsite during 
the test, or they were onsite in the 6 months after the test 
performing cleanup work or performing decontamination work on 
equipment or in the Pacific on the naval ships that were 
involved. So, that is on-site participants. That is $75,000 
one-time payment.
    Downwinders are people who lived in the designated areas 
adjacent to or near the Nevada test site during periods of 
atmospheric testing either for 1 or 2 years in the 1950s or for 
the entire duration of testing in the summer of 1962. The 
Downwinders are eligible for $50,000.
    The final category are uranium miners, millers, and ore 
transporters who worked before 1972 and who have specified 
diseases. The uranium workers are eligible for $100,000. In 
addition, there is a separate law called EEOICPA, the Energy 
Employees Occupational Illness Compensation Program Act that is 
administered by the Department of Labor. Under EEOICPA, the 
uranium workers, only the uranium workers, are eligible for 
additional benefits and medical benefits, but those are not 
provided by RECA; those are provided through EEOICPA.
    So, those are your three categories and an overview of the 
benefits available.
    Mr. Johnson of Louisiana. Very good. So, you mentioned the 
uranium workers. Now, let me ask about the other category, the 
on-site weapons test participants. Are there other Federal 
agencies that they are eligible to receive benefits from or 
other Federal laws?
    Mr. Szymendera. If they participate in the test while 
serving in the military, they are eligible perhaps for benefits 
from the Department of Veterans Affairs under the Radiation-
Exposed Veterans Compensation Act, or REVCA, and there is an 
offset so that they cannot receive the full amount of both RECA 
and veterans' benefits. There is an offset there. Generally, 
no. For on-site participants, the only Federal compensation 
would be through RECA. That other law that I mentioned EEOICPA, 
while it does cover some of the same areas, for example, the 
Nevada test site is also an EEOICPA site, that is for those 
involved in the development, not the testing. So, the actual 
building/manufacturing of the weapons.
    Mr. Johnson of Louisiana. Is an EEOICPA recipient, uranium 
workers, is that an offset also with RECA? How do they 
interact?
    Mr. Szymendera. No, it is not an offset, quite frankly. It 
is an addition. They receive an additional benefit under 
EEOICPA and they receive health benefits for the covered health 
condition. It is important to understand that RECA is a one-
time cash payment, no healthcare benefits. EEOICPA healthcare 
benefits extended to the uranium workers.
    Mr. Johnson of Louisiana. Okay. I am out of time, or real 
close to it. Real quick question, do you have--
    Mr. Cohen. You have a minute to go.
    Mr. Johnson of Louisiana. Thank you. Do you have a rough 
estimate of the number of individuals who are eligible for RECA 
compensation who haven't yet received it?
    Mr. Szymendera. I don't have that information. I think that 
is a factor of outreach efforts. Remember, many of the 
claimants now and certainly the Department of Justice would be 
the best source of this data, we are now dealing with in many 
cases claimants who are children or even grandchildren of 
Downwinders, on-site participants, or uranium workers.
    Many of them may live outside of the southwest at this 
point. They may not have even heard of this program or they may 
have only just heard of it. There is a process by which you 
have to apply gathering evidence which can take time. An 
estimate of how many are sort of still out there that haven't 
been reached, I think that would best come from the Department 
of Justice as the program administrator.
    Mr. Johnson of Louisiana. Is it fair to say--and I know I 
am near out of time now, but is it fair to say that some of the 
ailments and diseases that come from this would be passed 
through the blood stream; in other words, their genetics, so 
that even a grandchild might have a valid claim or is that a 
disputed fact?
    Mr. Szymendera. Well, certainly second generation or even 
third generation factors there certainly have been scientific 
research on that, but that is not part of RECA eligibility at 
all. A grandchild is only applying on behalf of the 
grandparent.
    Mr. Johnson of Louisiana. Okay. Got it.
    Thank you for the clarification.
    I yield back.
    Mr. Cohen. Thank you, Mr. Johnson.
    Ms. Ross, the Vice Chair of the Committee is recognized for 
5 minutes.
    Ms. Ross. Thank you very much, Mr. Chair, and thank you so 
much to our colleagues for bringing this important issue to our 
attention and to Chair for holding the hearing.
    My question doesn't necessarily go to the nitty-gritty of 
who is eligible right now, but it goes to the long-term lasting 
effects of this program and the health consequences.
    So, first, Ms. Cordova, I wanted to know how have the 
adverse health effects caused by the testing created further 
economic problems in your area?
    Ms. Cordova. Thank you very much, Congresswoman Ross, for 
the question. I mentioned earlier that we don't have healthcare 
facilities in the small towns where we live and New Mexico is 
very rural, and because of that, we don't get diagnosed or 
treated in the places where we live.
    What that means is, we have to travel great distances for 
our care, sometimes out of State. Families have told me that 
they spend everything that they have to take care of their 
health and, honestly, I have had people tell me I maxed out my 
credit cards, I took out my retirement, I have no assets left.
    My children are sending me credit cards, so I can buy gas 
to get to El Paso for treatment and most days I wish I would 
just die so I am not a burden to my family any longer. We don't 
have the opportunity to accumulate any kind of generational 
wealth.
    As I said before, 47 percent of the people in New Mexico 
depend on Medicaid to access healthcare coverage. A great 
number of them are Downwinders. We have collected over a 
thousand health surveys from people so that we can document 
these stories since our government's never done that. It is 
amazing how many of them rely on Medicaid. They have no 
options. They have exhausted their options.
    So, if you have nothing to pass on, we get locked into a 
cycle of poverty that just continues. This compensation would 
help in many ways. We are especially in favor of extending 
healthcare coverage because we think that is more important 
even than the one-time payout. Imagine if you have multiple 
members of one family sick at the same time and it happens all 
the time with us, this becomes an enormous financial burden.
    It has been a financial burden to families, to communities, 
and to our State, quite honestly.
    Ms. Ross. Okay. Thank you very much.
    Does anybody else want to address this issue from the 
perspective of either their tribe or their area, the ongoing 
economic strive caused by the health effects?
    If not, Mr. Chair, I yield back.
    Mr. Cohen. Thank you, Ms. Ross.
    Is there anybody on the Republican side seeking time? If 
not, Mr. Hank Johnson, is recognized for 5 minutes.
    Mr. Johnson of Georgia. Thank you, Mr. Chair, and thank you 
for holding this very important hearing. The birth of this 
Nation began with the ideal that all people were endowed with 
certain inalienable rights, those being life, liberty, and the 
pursuit of happiness, but since then we have fallen short of 
this promise more times than I care to admit.
    Some of us, including indigenous people, were not 
considered to be people at all. Similarly, many people who live 
or lived in areas adversely impacted by our country's testing 
of nuclear weapons have been treated less than humanely and 
have suffered great sickness and death due to their unknowing 
exposure to radiation caused by the testing of nuclear weapons 
by our government.
    Nuclear weapons have been an important component of U.S. 
national security ever since they were developed back during 
the World War II. Members of certain areas, residents of 
certain areas have borne the brunt of the U.S. reliance on 
nuclear weapons because those nuclear weapons had to be tested 
and they were in the areas where the radiation impacted their 
lives, the covered areas, if you will.
    So, our capacity as Americans to hold ourselves accountable 
and reflect is what allows us to make progress and the 
Radiation Exposure Compensation Act was a step towards 
accountability.
    It was an acknowledgement that we, as a country, have 
fallen short and we took actions to help those who have been 
harmed, those who were impacted adversely, no-fault of their 
own and unwittingly and unknowingly to nuclear fallout. 
Radiation has hurt, sickened, and killed them.
    Ms. Adams, as far as Downwinders are concerned under the 
original RECA legislation, are there any people in your 
community who were left out, and if so, why as being eligible 
for compensation under RECA.
    Ms. Adams. Thank you very much for the question. I can try 
to give an overview of some of the communities that have been 
left out who would fall under the Downwinder category. So, 
first, there are counties as Ms. Bishop said earlier in Arizona 
and Nevada that are very close to the test site that are not 
currently included. Then other studies have shown since RECA 
was created, notably by the--started by the National Cancer 
Institute that showed that exposure levels in counties far 
beyond the test site in States not just those closest to the 
test site, but as far as places like Idaho and Montana received 
as high or even higher levels of radiation exposure.
    So, there have been proposals as well to include those 
kinds of areas that were not originally recognized to have 
received that kind of fallout. Some of the other communities 
that have been mentioned in terms of Downwinder eligibility 
areas include Guam, which has been noted to be exposed from 
radiation from the Pacific--testing on Pacific Islands and, of 
course, as Ms. Cordova has stated in New Mexico, which they 
have said has been exposed both in the Trinity test and from 
testing at the Nevada test site. Go ahead.
    Mr. Johnson of Georgia. Excuse me for interrupting. How 
many people would be covered if the coverage area were 
expanded?
    Ms. Adams. I don't have that information offhand. That is a 
hard number to pinpoint. I will say all of those are separate 
proposals and they would all need to be addressed to figure out 
just what the different populations would be, but I don't have 
that information on hand. I can try to follow-up though and get 
that information to your office.
    Mr. Johnson of Georgia. Would you say it would be 10,000 or 
less than 10,000?
    Ms. Adams. It is very hard to pinpoint--so far the number 
of Downwinders who have applied is around 25,000 in the States 
that are there, but it would be--I am sorry I can't provide a 
more precise number, but it would be very hard to pinpoint 
exactly.
    Mr. Cohen. Thank you, Mr. Johnson.
    Mr. Johnson of Georgia. Okay. I heard a figure, Mr. Chair, 
if I could. I heard the figure $2.5 billion in claims have been 
paid out thus far to 37,000 claimants, $2.5 billion.
    The cost of maintaining our nuclear weapons over the next 
10 years will be $494 billion, almost $50 billion a year. So, 
$50 billion a year to take care of our nuclear weapons and over 
the time that this Act has been in place, we have spent $2.5 
billion to compensate folks who have been adversely impacted by 
radiation.
    That is just a pittance, and it is pathetic that our values 
are more towards protecting and taking care of our weapons than 
we are with taking care of the people who were adversely 
impacted by the testing of those weapons.
    With that, I will yield back. Thank you, Mr. Chair.
    Mr. Cohen. You are welcome, Mr. Johnson.
    Ms. Fischbach, I owe you an apology. I didn't realize you 
were there and if I would have, I would have recognized you 
then, but there is a legal term, nunc pro tunc. So, now for 
them. You are recognized for 5 minutes.
    Ms. Fischbach. Well, and Mr. Chair, thank you. If you 
hadn't pointed it out, I wouldn't have even realized you 
skipped me. I don't have any questions at this time, so I yield 
back. Thank you.
    Mr. Cohen. Well, beat that one. Thank you. Who is next? I 
believe Ms. Sheila Jackson Lee, are you here?
    Ms. Jackson Lee. I am.
    Mr. Cohen. Ms. Jackson Lee is recognized for 5 minutes.
    Ms. Jackson Lee. Thank you so very much, Mr. Chair. Let me 
thank all the Witnesses as well that have been here and let me 
begin point-blank as I listen to Mr. Johnson's question, Mr. 
Johnson from Louisiana, I am glad that he had the annunciation 
of the various individuals that were eligible for compensation, 
and it seems to be rather narrow.
    President Nez, if I am pronouncing your name correctly, 
tell me what it means in your community to have eligibility 
limited to on-site participants, Downwinders in certain 
designated areas in certain years, uranium miners and millers, 
and then opportunities for compensation from the Department of 
Labor, but what does it mean to your community? What do we need 
to do in terms of marginalizing the RECA response?
    Mr. Nez. Thank you, Chair, and thank you, Representative 
Lee, and Committee Members. That is an excellent question. Our 
recommendations for updating RECA that I mentioned during the 
onset in my initial testimony indicates that there needs to be 
some changes.
    Here on the Navajo Nation, we don't have the best--well, I 
guess, in any rural community throughout the United States do 
not have the best internet connection and also here on the 
Navajo Nation, we don't have street address like others have 
throughout the country. People get their mail from the P.O. 
boxes and sometimes multigenerational people utilize one box.
    So, it is very difficult to have our Navajo uranium workers 
or Downwinders, those that are wanting compensation to apply 
for this just compensation, this fair compensation. So those 
are the reasons why we are asking for some changes to the law 
to update it. I wanted to go real quick--
    Ms. Jackson Lee. If you would, Mr. Nez, I have other 
questions. Can you hear me?
    Mr. Nez. Oh, I am sorry. Go ahead.
    Ms. Jackson Lee. If you would summarize, I would appreciate 
it. I want to hear your answer.
    Mr. Nez. Right. Right. Here on the Navajo Nation, 
equivalent to the size of West Virginia, 27,000 square miles we 
only have a little bit over 10 healthcare facilities. A lot of 
those healthcare facilities do not have specialization for 
cancer treatment.
    Just as Ms. Cordova said, they have to go to Albuquerque, 
they have to go to Phoenix, and that takes a lot, wear and tear 
on a vehicle, also getting gas, and spending time to get away 
from their families. Sometimes they have to get admitted.
    Ms. Jackson Lee. Thank you.
    Mr. Nez. We have to deal with that in rural communities 
throughout the country. Thank you.
    Ms. Jackson Lee. Well, let me--thank you, let me thank you, 
and I thank your Congressman Stanton for this focus on the 
Downwinders. Let me quickly go to Ms. Cordova and Ms. Adams and 
anyone else that wants to provide in this period of time that I 
have, so if you all will just follow back-to-back.
    I happen to be supportive of a review of RECA for the 
expanded Downwinders in Arizona and New Mexico. It reaffirms 
that there should be compensation, reparations, if you will, to 
restore peoples' lives who have been ignored, violated, and 
seen death in their life.
    So, I would ask your response directly as of what would be 
an improvement in RECA. Ms. Cordova, sorry for the loss of your 
dad and experience that you have had. All of us know how our 
moms and dads are no matter what age we happen to be and so if 
you give us what an expansion or improvement would be like in 
your mind and the same thing with Ms. Adams, if you would give 
a sense of the improvement, and Ms. Bishop.
    Ms. Cordova, would you? Thank you.
    Ms. Cordova. Thank you. Thank you, Representative Lee. The 
improvements that we think need to be made without a doubt for 
the New Mexico Downwinders, specifically, is that we have to 
have a qualification period that is meaningful.
    It has to begin in 1945 and extend through the summer of 
1962 because we were downwind of the Trinity site in 1945 and 
then we were continuously exposed to radiation from the Nevada 
test site through the summer of 1962. That qualification period 
has to be substantial and significant, or it will not, it will 
not benefit people here.
    We have to prove that we lived here during that time frame 
and 75 years later it is almost an impossibility. Consideration 
must be given to that. For 31 years, we have been left out. 
Consideration must be given to that.
    The second thing is, we need to increase the one-time 
payment. Fifty thousand dollars is woefully inadequate. Doesn't 
even cover one year of co-payments, the cost of treatment, gas, 
lodging, food, time away from your family, et cetera.
    Last, we need to consider adding healthcare coverage. The 
healthcare coverage is the most important component to this. If 
people are using Medicaid, it makes no sense. We should put 
them on a program like the EEOICPA program that was referenced 
before and give Downwinders and uranium miners healthcare 
coverage just equal. Equal. Thank you.
    Mr. Cohen. Thank you, Ms. Cordova. Thank you, Congresswoman 
Jackson Lee.
    Next, we recognize Congressman Burgess Owens of Utah.
    Mr. Owens. Thank you. Can you see me okay? Thank you, Chair 
Cohen and Ranking Member Johnson for holding this hearing 
today.
    I also want to thank President Nez of the Navajo Nation and 
other Witnesses for your participation.
    Radiation exposure caused by the United States atomic 
weapon development programs is a very important issue here in 
Utah. There are thousands of so-called Downwinders who lives 
are lost or changed forever. Several years ago, J. Willard 
Marriott Library at the University of Utah, created a 
Downwinders of Utah archive where the histories of hundreds of 
Utahns who were affected by our Government's atomic and 
radiation testing. Their opinion is one of those Downwinders 
who was born in Cedar City, Utah, 1953. The same year the Dirty 
Harry bomb was tested at a nearby Nevada test site. Listen to 
Sarah's description of growing up in Cedar City.
    We knew we could die any day from about 5th grade. Our 
parent teacher's daughter Cybil Johnson died of leukemia. A 
steady stream of deaths followed. My grandfather, Paul Hoppen 
(ph), had been out herding cattle near Enterprise, Utah, when 
Dirty Harry went off. He got leukemia and died. My aunt, Mary 
Nelson, died of breast cancer. My cousin, Jeff Hoppen (ph), had 
a bone marrow transplant from his brother and later died. A 
high school classmate died from a brain tumor.
    My cousin got breast cancer and two other cousins' 
daughters. They have survived so far thanks to better 
treatments. My brother got an upper intestinal cancer which 
killed him. My mother had continuing health problems, including 
downward problems which may have been caused by the fallout. 
Countless neighbors and friends have died from cancer, end 
quote.
    They are responsibility for Sarah and every single 
Downwinder victim of radiation exposure and their families to 
reauthorize RECA, the Radiation Exposure Compensation Act.
    I hope we can work together in a bipartisan, fair, 
responsible matter to right the wrongs that destroyed so many 
lives and families in Utah and the western States. These 
problems caused by the Federal Government and one that we must 
work to solve. We cannot walk away from RECA.
    I have a question for President Nez. Other than the Navajo 
Nation is located in southern Utah, each of the outstanding and 
possibly still unresolved cases of radiation exposure of the 
Navajo people in the Utah, specifically [inaudible]?
    Mr. Nez. I am sorry, Representative Owens, Chair, I didn't 
catch that last part of your question. My apologies.
    Mr. Owens. Oh, no problem. Part of the Navajo Nation is 
located in southern Utah?
    Mr. Nez. Yes.
    Mr. Owens. Can you speak to outstanding causes of radiation 
exposure to Navajo people, Utah specifically?
    Mr. Nez. Right. We have many uranium mines there in the 
southern part of Utah within the Navajo Nation that have been 
cleaned, cleaned up. Just for one uranium mine to be cleaned 
up, it is into the tens of millions of dollars.
    If there are 500 plus uranium mines, do the math. We are 
talking about into the billions. So, a lot of the folks worked 
in these mines in that area. You got Mexican Hat there, 
Halchita, who has a uranium storage site. You got one uranium 
mine in Gouldings in Monument Valley that just got cleaned up.
    So, the question about the contributions that Native 
Americans/Navajos have had to this country in World War II, I 
really, Representative Owens, I have to remind our folks that 
the Navajo Nation in two ways contributed to helping win the 
war.
    One is the uranium that was extracted from our lands and 
today we are still getting that cleaned up. The compensation 
needing to happen to those folks living near and around those 
sites.
    The other is our language. We all know about the Navajo 
cotalkers. Native Americans, high percentage of any group to 
serve in the military. So, what we are seeing today, too, as 
well is to remind our lawmakers, our friends in Washington, DC, 
about that treaty relationship and that trust obligation.
    Thank you, Representative Owens and Chair.
    Mr. Owens. Thank you.
    Ms. Cordova, if Congress extends RECA by 20 years, do you 
anticipate that would be sufficient time to identify and 
compensate the remaining victims?
    Ms. Cordova. Thank you very much for the question, 
Representative Burgess. Yes, I absolutely do think that that 
would be an adequate time. We have already been serving our 
people. We are already documenting who they are and where they 
are, and we have worked extensively in communities, we have 
received grant money that we utilized towards identifying 
Downwinders in our communities and we will work very hard to 
make sure that 20 years is adequate time.
    I want to say to you that our hearts go out to the people 
of Utah who were actually targeted as part of the testing. The 
winds blew in that direction and took that fallout to Utah.
    Thank you, sir, for your interest in this issue.
    Mr. Owens. Thank you. Chair, I am having trouble seeing the 
clock. How much time do I have? Do I have time for one more 
question?
    Mr. Cohen. Well, we are in overtime, but I will give you 
overtime.
    Mr. Owens. Okay. I relate to that one. Thank you so much.
    This is for Mr. Szymendera. If Congress fails to 
reauthorize RECA, are there victims of the radiation exposure 
who will not be compensated?
    Mr. Szymendera. Most likely, yes. The deadline will be in 
2022 and that will be it. Anyone who does not have their 
application in by that date will have no recourse for 
compensation.
    Mr. Owens. Thank you.
    I yield back my time. Thank you so much.
    Mr. Cohen. Thank you, Representative Owens. Thank you to 
all our Witnesses. We have had a great panel and we have 
learned a lot about this issue and the importance it is to the 
people who served America and America has not been serving. 
Senator Lujan and then earlier Senator Crapo and Senator Hatch 
and Congressman Stanton have all been stalwart leaders, and I 
thank them for their efforts here.
    I want to thank all our Witnesses appearing today.
    Without objection, all Members will have 5 legislative days 
to submit additional written questions for the Witnesses or 
additional materials for the records.
    With that, the hearing is hereby closed. Adjourned.
    [Whereupon, at 3:37 p.m., the Subcommittee was adjourned.]

                                APPENDIX

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                 QUESTIONS AND RESPONSES FOR THE RECORD

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