[Congressional Record Volume 144, Number 99 (Wednesday, July 22, 1998)]
[Senate]
[Pages S8782-S8786]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN:
  S. 2343. A bill to amend the Radiation Exposure Compensation Act to 
provide for partial restitution to individuals who worked in uranium 
mines, or transport which provided uranium for the use and benefit of 
the United States Government, and for other purposes; to the Committee 
on the Judiciary.


            radiation exposure compensation improvement act

  Mr. BINGAMAN. Mr. President, I rise to make a few remarks regarding a 
bill I am introducing today, the Radiation Exposure Compensation 
Improvement Act.
  Mr. President, the Radiation Exposure Compensation Act or RECA was 
originally enacted as a means of compensating thousands of individuals 
who suffered from exposure to radiation as a result of the federal 
government's nuclear testing program and federal uranium mining 
activities. While the government can never fully compensate for the 
loss of a life or the reduction in the quality of life, RECA serves as 
a cornerstone for the national apology Congress extended in 1990 to the 
victims of the radiation tragedies. In keeping with the spirit of that 
apology, the legislation I introduce today will further correct 
existing injustices and provide compensation for those whose lives and 
health were sacrificed as part of our nation's effort to win the Cold 
War.
  In 1990, I was pleased to have been a sponsor of the RECA legislation 
here in

[[Page S8783]]

the Senate. I was very optimistic that after years of waiting, some 
degree of redress would be given to the thousands of miners in my state 
of New Mexico. I chaired the Senate oversight hearing on this issue in 
Shiprock, N.M. for the Senate Labor and Human Resources Committee in 
1993 and began to hear of changes that were necessary. To that end, I 
worked to facilitate changes in the regulatory and administrative 
areas.
  Unfortunately, I have heard from many of my constituents that the 
program still does not work as intended. I have received compelling 
letters of need from constituents telling me how RECA needs to be 
amended. The letters come from widows unable to access the current 
compensation. Miners and millers tied to oxygen tanks, in respiratory 
distress or dying from cancer write to tell me how they have been 
denied compensation under the current act. Family members write of the 
pain of fathers who worked in the mills. They recount how their fathers 
came home covered in the ``yellow cake'' of uranium oxide that was 
floating in the air of the mills. The story of their father's cancers 
and painful breathing are vivid in these letters and yet the current 
act does not address their needs.
  Mr. President, the bill I introduce today will address the issues 
they raise in their sometimes angry and often tear stained letters. 
Their points are backed by others as well. In fact, the bill 
incorporates findings by the prestigious Committee on the Biological 
Effects of Ionizing Radiation (BEIR) which has, since 1990, enlarged 
scientific evidence about radiogenic cancers and the health effects of 
radiation exposures. In other words, because of their good work, 
we know more now than we did in 1990 and we need to make sure the 
compensation we provide keeps pace with our medical knowledge.

  Other amendments will, in essence, adopt and incorporate into RECA 
the recommendations made in October 1995 by the President's Advisory 
Committee on Human Radiation Experiments. This blue-ribbon committee 
determined that U.S. uranium miners were used as subjects of an 
experiment which had tragic results. It used this language to condemn 
the ethical outcome of this study:

       The grave injustice that the government did to the uranium 
     miners, by failing to take action to control the hazard and 
     by failing to warn the miners of the hazard, should not be 
     compounded by unreasonable barriers to receiving the 
     compensation the miners deserve for the wrongs and harms 
     inflicted upon them as they served their country.

  Mr. President, I would like to cite several of the key provisions in 
the Radiation Exposure Compensation Improvement Act. Currently RECA 
covers those exposed to radiation released in underground uranium mines 
that were providing uranium for the primary use and benefit of the 
nuclear weapons program of the U.S. government. The bill would make all 
uranium workers eligible for compensation including above ground 
miners, millers, and transport workers.
  RECA currently covers individual termed ``downwinders'' who were in 
the areas of Nevada, Utah, and Arizona affected by atmospheric nuclear 
testing in the 1950's. This bill expands the geographical area eligible 
for compensation to include the Navajo Reservation. In addition, the 
bill expands the compensable diseases for the downwind population by 
adding salivary gland, urinary bladder, brain, colon, and ovarian 
cancers.
  Currently, the law has disproportionately high levels of radiation 
exposure requirements for miners to qualify for compensation as 
compared to the ``downwinders.'' My legislation would set a standard of 
proof for uranium workers that is more realistic given the availability 
of mining and mill data. The bill also removes the provision that only 
permits a claim for respiratory disease if the uranium mining occurred 
on a reservation. Thus, the bill will allow for further filing of a 
claim by those miners, millers, and transport workers who did not have 
a work history on a reservation. In addition, the bill would change the 
current law so that requirements for written medical documentation is 
updated to allow for use of high resolution CAT scans and allow for 
written diagnoses by physician in either the Department of Veterans 
Affairs or the Indian Health Service to be considered conclusive.
  In 1990, we joined together in a bipartisan, bicameral effort and 
assured passage of the Radiation Exposure Compensation Act (RECA). Now, 
either years later, I put forward this comprehensive amendment to RECA 
to correct some omissions, make RECA consistent with current medical 
knowledge, and to address what have become administrative horror 
stories for the claimants. I look forward to the debate in the Senate 
on this issue and hope that we can move to amend the current statue to 
ensure our original intent . . . fair and rapid compensation to those 
who served so well.
  Mr. President, I ask unanimous consent to have the text of the 
Radiation Improvement Compensation Act printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2343

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

     SECTION 1. SHORT TITLE; FINDINGS.

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

     SEC. 2. TRUST FUND.

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

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

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

[[Page S8784]]

     SEC. 4. URANIUM MINING AND MILLING AND TRANSPORT.

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

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

       (b) Milling.--Section 5(a) of the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note) is amended--
       (1) by striking ``Any'' and inserting ``Any individual who 
     was employed to transport or handle uranium ore or any''; and
       (2) by inserting ``or in any other State in which uranium 
     was mined, milled, or transported'' after ``Utah''.
       (c) Mines.--Section 5(a) of the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note), as amended by 
     subsection (a) of this section, is amended by striking ``a 
     uranium mine'' and inserting ``a uranium mine (including a 
     mine located aboveground or an open pit mine in which uranium 
     miners worked, or a uranium mill)''.
       (d) Dates.--Section 5(a) of the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note), as amended by 
     subsections (b) and (c) of this section, is amended by 
     striking ``January 1, 1947, and ending on December 31, 1971'' 
     and inserting ``January 1, 1942, and ending on December 31, 
     1990''.
       (e) Amendment of Period of Exposure; Expansion of Coverage; 
     Increase in Compensation Awards; and Removal of Smoking 
     Distinction.--Section 5(a) of the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note), as amended by 
     subsections (b) through (d) of this section, is amended--
       (1) by striking paragraph (1) and all that follows through 
     the end of the subsection and inserting the following:
       ``(2) Compensation.--Any individual shall receive $200,000 
     for a claim made under this Act if--
       ``(A) that individual--
       ``(i) was exposed to 40 or more working level months of 
     radiation and submits written medical documentation that the 
     individual, after exposure developed--

       ``(I) lung cancer,
       ``(II) a nonmalignant respiratory disease, or
       ``(III) any other medical condition associated with uranium 
     mining or milling, or

       ``(ii) worked in uranium mining, milling, or transport for 
     a period of at least 1 year and submits written medical 
     documentation that the individual, after exposure, 
     developed--

       ``(I) lung cancer,
       ``(II) a nonmalignant respiratory disease, or
       ``(III) any other medical condition associated with uranium 
     mining, milling, or transport,

       ``(B) the claim for that payment is filed with the Attorney 
     General by or on behalf of that individual, and
       ``(C) the Attorney General determines, in accordance with 
     section 6, that the claim meets the requirements of this 
     Act.''.
       (2) by striking ``(a) Eligibility of Individuals.--Any'' 
     and inserting the following: ``(a) Eligibility.--
       ``(1) In general.--Any''; and
       (3) in paragraph (1), as so designated, by striking the 
     dash at the end and inserting a period.
       (f) Claims Related to Human Radiation Experimentation and 
     Death Resulting From Cause Other Than Radiation.--Section 5 
     of the Radiation Exposure Compensation Act (42 U.S.C. 2210 
     note) is amended--
       (1) by redesignating subsection (b) as subsection (d); and
       (2) by inserting after subsection (a) the following:
       ``(b) Claims Relating to Human Use Research and Death 
     Resulting From Nonradiological Causes.--
       ``(1) In general.--
       ``(A) Payment.--Any individual described in subparagraph 
     (B) shall receive $50,000 if--
       ``(i) a claim for that payment is filed with the Attorney 
     General by or on behalf of that individual; and
       ``(ii) the Attorney General determines, in accordance with 
     section 6, that the claim meets the requirements of this Act.
       ``(B) Description of individuals.--An individual described 
     in this subparagraph is an individual who--
       ``(i) was employed in a uranium mining, milling, or 
     transport within any State referred to in subsection (a) at 
     any time during the period referred to in that subsection, 
     and
       ``(ii)(I) in the course of that employment, without the 
     individual's knowledge or informed consent, was intentionally 
     exposed to radiation for purposes of testing, research, 
     study, or experimentation by the Federal Government 
     (including any agency of the Federal Government) to determine 
     the effects of that exposure on the human body; or
       ``(II) in the course of or arising out of the individual's 
     employment, suffered death, that, because the individual or 
     the estate of the individual was barred from pursuing 
     recovery under a worker's compensation system or civil action 
     available to similarly situated employees of mines or mills 
     that are not uranium mines or mills, is not otherwise--
       ``(aa) compensable under subsection (a); or
       ``(bb) redressable.
       ``(2) Payments.--Payments under this subsection may be made 
     only in accordance with section 6.''.
       (g) Other Injury or Disability.--Section 5 of the Radiation 
     Exposure Compensation Act (42 U.S.C. 2210 note), as amended 
     by subsection (f) of this section, is amended by adding after 
     subsection (b) the following:
       ``(c) Other Injury or Disability.--
       ``(1) In general.--
       ``(A) Payment.--Any individual described in subparagraph 
     (B) shall receive $20,000 if--
       ``(i) a claim for that payment is filed with the Attorney 
     General by or on behalf of that individual; and
       ``(ii) the Attorney General determines, in accordance with 
     section 6, that the claim meets the requirements of this Act.
       ``(B) Description of individuals.--An individual described 
     in this subparagraph is an individual who--
       ``(i) was employed in a uranium mine or mill or transported 
     uranium ore within any State referred to in subsection (a) at 
     any time during the period referred to in that subsection; 
     and
       ``(ii) submits written medical documentation that 
     individual suffered injury or disability, arising out of or 
     in the course of the individual's employment that, because 
     the individual or the estate of the individual was barred 
     from pursuing recovery under a worker's compensation system 
     or civil action available to similarly situated employees of 
     mines or mills that are not uranium mines or mills, is not 
     otherwise--

       ``(I) compensable under subsection (a); or
       ``(II) redressable.

       ``(2) Payments.--Payments under this subsection may be made 
     only in accordance with section 6.''.
       (h) Definitions.--Subsection (d) of section 5 of the 
     Radiation Exposure Compensation Act (42 U.S.C. 2210 note), as 
     redesignated by subsection (f) of this section, is amended--
       (1) in paragraph (1)--
       (A) by striking ``radiation exposure'' and inserting 
     ``exposure to radon and radon progeny''; and
       (B) by inserting ``based on a 6-day workweek,'' after 
     ``every work day for a month,'';
       (2) by striking paragraph (2) and inserting the following:
       ``(2) the term `affected Indian tribe' means any Indian 
     tribe, band, nation, pueblo, or other organized group or 
     community, that is recognized as eligible for special 
     programs and services provided by the United States to Indian 
     tribes because of their status as Native Americans, whose 
     people engaged in uranium mining or milling or were employed 
     where uranium mining or milling was conducted;'';
       (3) by striking paragraphs (3) and (4); and
       (4) by adding at the end the following:
       ``(3) the term `course of employment' means--
       ``(A) any period of employment in a uranium mine or uranium 
     mill before or after December 31, 1971, or
       ``(B) the cumulative period of employment in both a uranium 
     mine and uranium mill in any case in which an individual was 
     employed in both a uranium mine and a uranium mill;
       ``(4) the term `lung cancer' means any physiological 
     condition of the lung, trachea, and bronchus that is 
     recognized under that name or nomenclature by the National 
     Cancer Institute, including any in situ cancer;
       ``(5) the term `nonmalignant respiratory disease' means 
     fibrosis of the lung, pulmonary fibrosis, corpulmonale 
     related to pulmonary fibrosis, or moderate or severe 
     silicosis or pneumoconiosis;
       ``(6) the term `other medical condition associated with 
     uranium mining, milling, or uranium transport' means any 
     medical condition associated with exposure to radiation, 
     heavy metals, chemicals, or other toxic substances to which 
     miners and millers are exposed in the mining and milling of 
     uranium;
       ``(7) the term `uranium mill' includes milling operations 
     involving the processing of uranium ore or vanadium-uranium 
     ore, including carbonate and acid leach plants;
       ``(8) the term `uranium transport' means human physical 
     contact involved in moving uranium ore from 1 site to 
     another, including mechanical conveyance, physical shoveling, 
     or driving a vehicle;
       ``(9) the term `uranium mine' means any underground 
     excavation, including dog holes, open pit, strip, rim, 
     surface, or other aboveground mines, where uranium ore or 
     vanadium-uranium ore was mined or otherwise extracted;
       ``(10) the term `working level' means the concentration of 
     the short half-life daughters (known as `progeny') of radon 
     that will release (1.3 x 105) million electron 
     volts of alpha energy per liter of air; and
       ``(11) the term `written medical documentation' for 
     purposes of proving a nonmalignant respiratory disease means, 
     in any case in which the claimant is living--
       ``(A) a chest x-ray administered in accordance with 
     standard techniques and the interpretive reports thereof by 2 
     certified `B' readers classifying the existence of the 
     nonmalignant respiratory disease of category 1/0 or higher 
     according to a 1989 report of the International Labour Office 
     (known as the `ILO'), or subsequent revisions;
       ``(B) a high resolution computed tomography scan (commonly 
     known as an `HCRT scan') and any interpretive report for that 
     scan;
       ``(C) a pathology report of a tissue biopsy;
       ``(D) a pulmonary function test indicating restrictive lung 
     function (as defined by the American Thoracic Society); or
       ``(E) an arterial blood gas study.''.

[[Page S8785]]

     SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS.

       (a) Determination and Payment of Claims, Generally.--
     Section 6 of the Radiation Exposure Compensation Act (42 
     U.S.C. 2210 note) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by adding at the end the following: 
     ``All reasonable doubt with regard to whether a claim meets 
     the requirements of this Act shall be resolved in favor of 
     the claimant.'';
       (B) by redesignating paragraph (2) as paragraph (5); and
       (C) by inserting after paragraph (1) the following:
       ``(2) Evidence.--In support of a claim for compensation 
     under section 5, the Attorney General shall permit the 
     introduction of, and a claimant may use and rely upon, 
     affidavits and other documentary evidence, including medical 
     evidence, to the same extent as permitted by the Federal 
     Rules of Evidence.
       ``(3) Interpretation of chest x-rays.--For purposes of this 
     Act, a chest x-ray and the accompanying interpretive report 
     required in support of a claim under section 5(a), shall--
       ``(A) be considered to be conclusive, and
       ``(B) be subject to a fair and random audit procedure 
     established by the Attorney General.
       ``(4) Certain written diagnoses.--
       ``(A) In general.--For purposes of this Act, in any case in 
     which a written diagnosis is made by a physician described in 
     subparagraph (B) of a nonmalignant pulmonary disease or lung 
     cancer of a claimant that is accompanied by written medical 
     documentation that meets the definition of that term under 
     subsection (b)(11), that written diagnosis shall be 
     considered to be conclusive evidence of that disease.
       ``(B) Description of physicians.--A physician described in 
     this subparagraph is a physician who--
       ``(i) is employed by--

       ``(I) the Indian Health Service of the Department of Health 
     and Human Services, or
       ``(II) the Department of Veterans Affairs, and

       ``(ii) is responsible for examining or treating the 
     claimant involved.'';
       (2) in subsection (c)(2)--
       (A) in subparagraph (A)(ii), by striking ``in a uranium 
     mine'' and inserting ``in uranium mining, milling, or 
     transport''; and
       (B) in subparagraph (B)(ii), by striking ``by the Federal 
     Government'' and inserting ``through the Department of 
     Veterans Affairs'';
       (3) in subsection (d)--
       (A) by striking ``(d) Action on Claims.--The Attorney 
     General'' and inserting the following:
       ``(d) Action on Claims.--
       ``(1) In general.--The Attorney General''; and
       (B) by adding at the end the following:
       ``(2) Determination of period.--For purposes of determining 
     the tolling of the 12-month period under paragraph (1), a 
     claim under this Act shall be considered to have been filed 
     as of the date of the receipt of that claim by the Attorney 
     General.
       ``(3) Administrative review.--If the Attorney General 
     denies a claim referred to in paragraph (1), the claimant 
     shall be permitted a reasonable period of time in which to 
     seek administrative review of the denial by the Attorney 
     General.
       ``(4) Final determination.--The Attorney General shall make 
     a final determination with respect to any administrative 
     review conducted under paragraph (3) not later than 90 days 
     after the receipt of the claimant's request for that review.
       ``(5) Effect of failure to render a determination.--If the 
     Attorney General fails to render a determination during the 
     12-month period under paragraph (1), the claim shall be 
     deemed awarded as a matter of law and paid.'';
       (4) in subsection (e), by striking ``in a uranium mine'' 
     and inserting ``uranium mining, milling, or transport'';
       (5) in subsection (k), by adding at the end the following: 
     ``With respect to any amendment made to this Act after the 
     date of enactment of this Act, the Attorney General shall 
     issue revised regulations, guidelines, and procedures to 
     carry out that amendment not later than 180 days after the 
     date of enactment of that amendment.''; and
       (6) in subsection (l)--
       (A) by striking ``(l) Judicial Review.--An individual'' and 
     inserting the following:
       ``(l) Judicial Review.--
       ``(1) In general.--An individual''; and
       (B) by adding at the end the following:
       ``(2) Attorney's fees.--If the court that conducts a review 
     under paragraph (1) sets aside a denial of a claim under this 
     Act as unlawful, the court shall award claimant reasonable 
     attorney's fees and costs incurred with respect to the 
     court's review.
       ``(3) Interest.--If, after a claimant is denied a claim 
     under this Act, the claimant subsequently prevails upon 
     remand of that claim, the claimant shall be awarded interest 
     on the claim at a rate equal to 8 percent, calculated from 
     the date of the initial denial of the claim.
       ``(4) Treatment of attorney's fees, costs, and interest.--
     Any attorney's fees, costs, and interest awarded under this 
     section shall--
       ``(A) be considered to be costs incurred by the Attorney 
     General, and
       ``(B) not be paid from the Fund, or set off against, or 
     otherwise deducted from, any payment to a claimant under this 
     section.''.
       (b) Furtherance of Special Trust Responsibility to Affected 
     Indian Tribes; Self-Determination Program Election.--In 
     furtherance of, and consistent with, the trust responsibility 
     of the United States to Native American uranium workers 
     recognized by Congress in enacting the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note), section 6 of that 
     Act, as amended by subsection (a) of this section, is 
     amended--
       (1) in subsection (a), by adding at the end the following: 
     ``In establishing any such procedure, the Attorney General 
     shall take into consideration and incorporate, to the fullest 
     extent feasible, Native American law, tradition, and custom 
     with respect to the submission and processing of claims by 
     Native Americans.'';
       (2) in subsection (b), by inserting after paragraph (3) the 
     following:
       ``(4) Pulmonary function standards.--In determining the 
     pulmonary impairment of a claimant, the Attorney General 
     shall evaluate the degree of impairment based on ethnic-
     specific pulmonary function standards.'';
       (3) in subsection (b)(5)--
       (A) by striking ``and'' at the end of subparagraph (B);
       (B) by striking the period at the end of subparagraph (C) 
     and inserting ``; and''; and
       (C) by inserting after subparagraph (C) the following:
       ``(D) in consultation with any affected Indian tribe, 
     establish guidelines for the determination of claims filed by 
     Native American uranium miners, millers, and transport 
     workers pursuant to section 5.'';
       (4) in subsection (b), by adding after paragraph (5) the 
     following:
       ``(6) Self-determination program election.--
       ``(A) In general.--The Attorney General on the request of 
     any affected Indian tribe by tribal resolution, may enter 
     into 1 or more self-determination contracts with a tribal 
     organization of that Indian tribe pursuant to the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450 et seq.) to plan, conduct, and administer the disposition 
     and award of claims under this Act to the extent that members 
     of the affected Indian tribe are concerned.
       ``(B) Approval.--(i) On the request of an affected Indian 
     tribe to enter into a self-determination contract referred to 
     in subparagraph (A), the Attorney General shall approve or 
     reject the request in a manner consistent with section 102 of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450f).
       ``(ii) The Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.) shall apply to the 
     approval and subsequent implementation of a self-
     determination contract entered into under clause (i) or any 
     rejection of such a contract, if that contract is rejected.
       ``(C) Use of funds.--Notwithstanding any other provision of 
     law, funds authorized for use by the Attorney General to 
     carry out the functions of the Attorney General under 
     subsection (i) may be used for the planning, training, 
     implementation, and administration of any self-determination 
     contract that the Attorney General enters into with an 
     affected Indian tribe under this section.''; and
       (5) in subsection (c)(4), by adding at the end the 
     following:
       ``(D) Application of native american law.--In determining 
     the eligibility of individuals to receive compensation under 
     this Act by reason of marriage, relationship, or 
     survivorship, the Attorney General shall take into 
     consideration and give effect to established law, tradition, 
     and custom of affected Indian tribes.''.

     SEC. 6. CHOICE OF REMEDIES.

       Section 7(b) of the Radiation Exposure Compensation Act (42 
     U.S.C. 2210 note) is amended to read as follows:
       ``(b) Choice of Remedies.--
       ``(1) In general.--Except as provided in paragraph (1), the 
     payment of an award under any provision of this Act does not 
     preclude the payment of an award under any other provision of 
     this Act.
       ``(2) Limitation.--No individual may receive more than 1 
     award payment for any compensable cancer or other compensable 
     disease.''.

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

       Section 8 of the Radiation Exposure Compensation Act (42 
     U.S.C. 2210 note) is amended to read as follows:

     ``SEC. 8. LIMITATION ON CLAIMS.

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

     SEC. 9. REPORT.

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

     ``SEC. 12. REPORTS.'';

     and
       (2) by adding at the end the following:

[[Page S8786]]

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