[Congressional Record Volume 146, Number 83 (Tuesday, June 27, 2000)]
[House]
[Pages H5185-H5190]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RADIATION EXPOSURE COMPENSATION ACT AMENDMENTS OF 2000
Mr. CANNON. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 1515) to amend the Radiation Exposure Compensation Act,
and for other purposes, as amended.
The Clerk read as follows:
S. 1515
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Radiation Exposure
Compensation Act Amendments of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Radiation Exposure Compensation Act (42 U.S.C. 2210
note) recognized the responsibility of the Federal Government
to compensate individuals who were harmed by the mining of
radioactive materials or fallout from nuclear arms testing;
(2) a congressional oversight hearing conducted by the
Committee on Labor and Human Resources of the Senate
demonstrated that since enactment of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note), regulatory burdens
have made it too difficult for some deserving individuals to
be fairly and efficiently compensated;
(3) reports of the Atomic Energy Commission and the
National Institute for Occupational Safety and Health testify
to the need to extend eligibility to States in which the
Federal Government sponsored uranium mining and milling from
1941 through 1971;
(4) scientific data resulting from the enactment of the
Radiation Exposed Veterans Compensation Act of 1988 (38
U.S.C. 101 note), and obtained from the Committee on the
Biological Effects of Ionizing Radiations, and the
President's Advisory Committee on Human Radiation Experiments
provide medical validation for the extension of compensable
radiogenic pathologies;
(5) above-ground uranium miners, millers and individuals
who transported ore should be fairly compensated, in a manner
similar to that provided for underground uranium miners, in
cases in which those individuals
[[Page H5186]]
suffered disease or resultant death, associated with
radiation exposure, due to the failure of the Federal
Government to warn and otherwise help protect citizens from
the health hazards addressed by the Radiation Exposure
Compensation Act of 1990 (42 U.S.C. 2210 note); and
(6) it should be the responsibility of the Federal
Government in partnership with State and local governments
and appropriate healthcare organizations, to initiate and
support programs designed for the early detection, prevention
and education on radiogenic diseases in approved States to
aid the thousands of individuals adversely affected by the
mining of uranium and the testing of nuclear weapons for the
Nation's weapons arsenal.
SEC. 3. AMENDMENTS TO THE RADIATION EXPOSURE COMPENSATION
ACT.
(a) Claims Relating to Atmospheric Nuclear Testing.--
Section 4(a)(1) of the Radiation Exposure Compensation Act
(42 U.S.C. 2210 note) is amended to read as follows:
``(1) Claims relating to leukemia.--
``(A) In general.--An individual described in this
subparagraph shall receive an amount specified in
subparagraph (B) if the conditions described in subparagraph
(C) are met. An individual referred to in the preceding
sentence is an individual who--
``(i)(I) was physically present in an affected area for a
period of at least 1 year during the period beginning on
January 21, 1951, and ending on October 31, 1958;
``(II) was physically present in the affected area for the
period beginning on June 30, 1962, and ending on July 31,
1962; or
``(III) participated onsite in a test involving the
atmospheric detonation of a nuclear device; and
``(ii) submits written documentation that such individual
developed leukemia--
``(I) after the applicable period of physical presence
described in subclause (I) or (II) of clause (i) or onsite
participation described in clause (i)(III) (as the case may
be); and
``(II) more that 2 years after first exposure to fallout.
``(B) Amounts.--If the conditions described in subparagraph
(C) are met, an individual--
``(i) who is described in subclause (I) or (II) of
subparagraph (A)(i) shall receive $50,000; or
``(ii) who is described in subclause (III) of subparagraph
(A)(i) shall receive $75,000.
``(C) Conditions.--The conditions described in this
subparagraph are as follows:
``(i) Initial exposure occurred prior to age 21.
``(ii) The claim for a payment under subparagraph (B) is
filed with the Attorney General by or on behalf of the
individual.
``(iii) The Attorney General determines, in accordance with
section 6, that the claim meets the requirements of this
Act.''.
(b) Definitions.--Section 4(b) of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by inserting ``Wayne, San Juan,''
after ``Millard,''; and
(B) by amending subparagraph (C) to read as follows:
``(C) in the State of Arizona, the counties of Coconino,
Yavapai, Navajo, Apache, and Gila; and''; and
(2) in paragraph (2)--
(A) by striking ``the onset of the disease was between 2
and 30 years of first exposure,'' and inserting ``the onset
of the disease was at least 2 years after first exposure,
lung cancer (other than in situ lung cancer that is
discovered during or after a post-mortem exam),'';
(B) by striking ``(provided initial exposure occurred by
the age of 20)'' after ``thyroid'';
(C) by inserting ``male or'' before ``female breast'';
(D) by striking ``(provided initial exposure occurred prior
to age 40)'' after ``female breast'';
(E) by striking ``(provided low alcohol consumption and not
a heavy smoker)'' after ``esophagus'';
(F) by striking ``(provided initial exposure occurred
before age 30)'' after ``stomach'';
(G) by striking ``(provided not a heavy smoker)'' after
``pharynx'';
(H) by striking ``(provided not a heavy smoker and low
coffee consumption)'' after ``pancreas''; and
(I) by inserting ``salivary gland, urinary bladder, brain,
colon, ovary,'' after ``gall bladder,''.
(c) Claims Relating to Uranium Mining.--
(1) In general.--Section 5(a) of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) is amended to read as
follows:
``(a) Eligibility of Individuals.--
``(1) In general.--An individual shall receive $100,000 for
a claim made under this Act if--
``(A) that individual--
``(i) was employed in a uranium mine or uranium mill
(including any individual who was employed in the transport
of uranium ore or vanadium-uranium ore from such mine or
mill) located in Colorado, New Mexico, Arizona, Wyoming,
South Dakota, Washington, Utah, Idaho, North Dakota, Oregon,
and Texas at any time during the period beginning on January
1, 1942, and ending on December 31, 1971; and
``(ii)(I) was a miner exposed to 40 or more working level
months of radiation and submits written medical documentation
that the individual, after that exposure, developed lung
cancer or a nonmalignant respiratory disease; or
``(II) was a miller or ore transporter who worked for at
least 1 year during the period described under clause (i) and
submits written medical documentation that the individual,
after that exposure, developed lung cancer or a nonmalignant
respiratory disease or renal cancers and other chronic renal
disease including nephritis and kidney tubal tissue injury;
``(B) the claim for that payment is filed with the Attorney
General by or on behalf of that individual; and
``(C) the Attorney General determines, in accordance with
section 6, that the claim meets the requirements of this Act.
``(2) Inclusion of additional states.--Paragraph (1)(A)(i)
shall apply to a State, in addition to the States named under
such clause, if--
``(A) an Atomic Energy Commission uranium mine was operated
in such State at any time during the period beginning on
January 1, 1942, and ending on December 31, 1971;
``(B) the State submits an application to the Department of
Justice to include such State; and
``(C) the Attorney General makes a determination to include
such State.
``(3) Payment requirement.--Each payment under this section
may be made only in accordance with section 6.''.
(2) Definitions.--Section 5(b) of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) is amended--
(A) in paragraph (3)--
(i) by striking ``and'' before ``corpulmonale''; and
(ii) by striking ``; and if the claimant,'' and all that
follows through the end of the paragraph and inserting ``,
silicosis, and pneumoconiosis;'';
(B) by striking the period at the end of paragraph (4) and
inserting a semicolon; and
(C) by adding at the end the following:
``(5) the term `written medical documentation' for purposes
of proving a nonmalignant respiratory disease or lung cancer
means, in any case in which the claimant is living--
``(A)(i) an arterial blood gas study; or
``(ii) a written diagnosis by a physician meeting the
requirements of subsection (c)(1); and
``(B)(i) a chest x-ray administered in accordance with
standard techniques and the interpretive reports of a maximum
of 2 National Institute of Occupational Health and Safety
certified `B' readers classifying the existence of the
nonmalignant respiratory disease of category 1/0 or higher
according to a 1989 report of the International Labor Office
(known as the `ILO'), or subsequent revisions;
``(ii) high resolution computed tomography scans (commonly
known as `HRCT scans') (including computer assisted
tomography scans (commonly known as `CAT scans'), magnetic
resonance imaging scans (commonly known as `MRI scans'), and
positron emission tomography scans (commonly known as `PET
scans')) and interpretive reports of such scans;
``(iii) pathology reports of tissue biopsies; or
``(iv) pulmonary function tests indicating restrictive lung
function, as defined by the American Thoracic Society;
``(6) the term `lung cancer'--
``(A) means any physiological condition of the lung,
trachea, or bronchus that is recognized as lung cancer by the
National Cancer Institute; and
``(B) includes in situ lung cancers;
``(7) the term `uranium mine' means any underground
excavation, including `dog holes', as well as open pit,
strip, rim, surface, or other aboveground mines, where
uranium ore or vanadium-uranium ore was mined or otherwise
extracted; and
``(8) the term `uranium mill' includes milling operations
involving the processing of uranium ore or vanadium-uranium
ore, including both carbonate and acid leach plants.''.
(3) Written documentation.--Section 5 of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) is amended by
adding at the end the following:
``(c) Written Documentation.--
``(1) Diagnosis alternative to arterial blood gas study.--
``(A) In general.--For purposes of this Act, the written
diagnosis and the accompanying interpretive reports described
in subsection (b)(5)(A) shall--
``(i) be considered to be conclusive; and
``(ii) be subject to a fair and random audit procedure
established by the Attorney General.
``(B) Certain written diagnoses.--
``(i) In general.--For purposes of this Act, a written
diagnosis made by a physician described under clause (ii) of
a nonmalignant pulmonary disease or lung cancer of a claimant
that is accompanied by written documentation shall be
considered to be conclusive evidence of that disease.
``(ii) Description of physicians.--A physician referred to
under clause (i) is a physician who--
``(I) is employed by the Indian Health Service or the
Department of Veterans Affairs; or
``(II) is a board certified physician; and
``(III) has a documented ongoing physician patient
relationship with the claimant.
``(2) Chest x-rays.--
``(A) In general.--For purposes of this Act, a chest x-ray
and the accompanying interpretive reports described in
subsection (b)(5)(B) shall--
``(i) be considered to be conclusive; and
[[Page H5187]]
``(ii) be subject to a fair and random audit procedure
established by the Attorney General.
``(B) Certain written diagnoses.--
``(i) In general.--For purposes of this Act, a written
diagnosis made by a physician described in clause (ii) of a
nonmalignant pulmonary disease or lung cancer of a claimant
that is accompanied by written documentation that meets the
definition of that term under subsection (b)(5) shall be
considered to be conclusive evidence of that disease.
``(ii) Description of physicians.--A physician referred to
under clause (i) is a physician who--
``(I) is employed by--
``(aa) the Indian Health Service; or
``(bb) the Department of Veterans Affairs; and
``(II) has a documented ongoing physician patient
relationship with the claimant.''.
(d) Determination and Payment of Claims.--
(1) Filing procedures.--Section 6(a) of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) is amended by
adding at the end the following: ``In establishing procedures
under this subsection, the Attorney General shall take into
account and make allowances for the law, tradition, and
customs of Indian tribes (as that term is defined in section
5(b)) and members of Indian tribes, to the maximum extent
practicable.''.
(2) Determination and payment of claims, generally.--
Section 6(b)(1) of the Radiation Exposure Compensation Act
(42 U.S.C. 2210 note) is amended by adding at the end the
following: ``All reasonable doubt with regard to whether a
claim meets the requirements of this Act shall be resolved in
favor of the claimant.''.
(3) Offset for certain payments.--Section 6(c)(2)(B) of the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is
amended--
(A) in clause (i), by inserting ``(other than a claim for
workers' compensation)'' after ``claim''; and
(B) in clause (ii), by striking ``Federal Government'' and
inserting ``Department of Veterans Affairs''.
(4) Application of native american law to claims.--Section
6(c)(4) of the Radiation Exposure Compensation Act (42 U.S.C.
2210 note) is amended by adding at the end the following:
``(D) Application of native american law.--In determining
those individuals eligible to receive compensation by virtue
of marriage, relationship, or survivorship, such
determination shall take into consideration and give effect
to established law, tradition, and custom of the particular
affected Indian tribe.''.
(5) Action on claims.--Section 6(d) of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) is amended--
(A) by inserting ``(1) In general.--'' before ``The
Attorney General'';
(B) by inserting at the end the following: ``For purposes
of determining when the 12-month period ends, a claim under
this Act shall be deemed filed as of the date of its receipt
by the Attorney General. In the event of the denial of a
claim, the claimant shall be permitted a reasonable period in
which to seek administrative review of the denial by the
Attorney General. The Attorney General shall make a final
determination with respect to any administrative review
within 90 days after the receipt of the claimant's request
for such review. In the event the Attorney General fails to
render a determination within 12 months after the date of the
receipt of such request, the claim shall be deemed awarded as
a matter of law and paid.''; and
(C) by adding at the end the following:
``(2) Additional information.--The Attorney General may
request from any claimant under this Act, or from any
individual or entity on behalf of any such claimant, any
reasonable additional information or documentation necessary
to complete the determination on the claim in accordance with
the procedures established under subsection (a).
``(3) Treatment of period associated with request.--
``(A) In general.--The period described in subparagraph (B)
shall not apply to the 12-month limitation under paragraph
(1).
``(B) Period.--The period described in this subparagraph is
the period--
``(i) beginning on the date on which the Attorney General
makes a request for additional information or documentation
under paragraph (2); and
``(ii) ending on the date on which the claimant or
individual or entity acting on behalf of that claimant
submits that information or documentation or informs the
Attorney General that it is not possible to provide that
information or that the claimant or individual or entity will
not provide that information.
``(4) Payment within 6 weeks.--The Attorney General shall
ensure that an approved claim is paid not later than 6 weeks
after the date on which such claim is approved.
``(5) Native american considerations.--Any procedures under
this subsection shall take into consideration and
incorporate, to the fullest extent feasible, Native American
law, tradition, and custom with respect to the submission and
processing of claims by Native Americans.''.
(e) Regulations.--
(1) In general.--Section 6(i) of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) is amended by adding
at the end the following: ``Not later than 180 days after the
date of enactment of the Radiation Exposure Compensation Act
Amendments of 2000, the Attorney General shall issue revised
regulations to carry out this Act.''.
(2) Affidavits.--
(A) In general.--The Attorney General shall take such
action as may be necessary to ensure that the procedures
established by the Attorney General under section 6 of the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note)
provide that, in addition to any other material that may be
used to substantiate employment history for purposes of
determining working level months, an individual filing a
claim under those procedures may make such a substantiation
by means of an affidavit described in subparagraph (B).
(B) Affidavits.--An affidavit referred to under
subparagraph (A) is an affidavit--
(i) that meets such requirements as the Attorney General
may establish; and
(ii) is made by a person other than the individual filing
the claim that attests to the employment history of the
claimant.
(f) Limitations on Claims.--Section 8 of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) is amended--
(1) by inserting ``(a) In General.--'' before ``A claim'';
and
(2) by adding at the end the following:
``(b) Resubmittal of Claims.--After the date of enactment
of the Radiation Exposure Compensation Act Amendments of
2000, any claimant who has been denied compensation under
this Act may resubmit a claim for consideration by the
Attorney General in accordance with this Act not more than 3
times. Any resubmittal made before the date of enactment of
the Radiation Exposure Compensation Act Amendments of 2000
shall not be applied to the limitation under the preceding
sentence.''.
(g) Extension of Claims and Fund.--
(1) Extension of claims.--Section 8 of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) is amended by
striking ``20 years after the date of the enactment of this
Act'' and inserting ``22 years after the date of enactment of
the Radiation Exposure Compensation Act Amendments of 2000''.
(2) Extension of fund.--Section 3(d) of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) is amended in
the first sentence by striking ``date of the enactment of
this Act'' and inserting ``date of enactment of the Radiation
Exposure Compensation Act Amendments of 2000''.
(h) Attorney Fees Limitation.--Section 9 of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) is amended to
read as follows:
``SEC. 9. ATTORNEY FEES.
``(a) General Rule.--Notwithstanding any contract, the
representative of an individual may not receive, for services
rendered in connection with the claim of an individual under
this Act, more than that percentage specified in subsection
(b) of a payment made under this Act on such claim.
``(b) Applicable Percentage Limitations.--The percentage
referred to in subsection (a) is--
``(1) 2 percent for the filing of an initial claim; and
``(2) 10 percent with respect to--
``(A) any claim with respect to which a representative has
made a contract for services before the date of enactment of
the Radiation Exposure Compensation Act Amendments of 2000;
or
``(B) a resubmission of a denied claim.
``(c) Penalty.--Any such representative who violates this
section shall be fined not more than $5,000.''.
(i) GAO Reports.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, and every 18 months thereafter, the
General Accounting Office shall submit a report to Congress
containing a detailed accounting of the administration of the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note) by
the Department of Justice.
(2) Contents.--Each report submitted under this subsection
shall include an analysis of--
(A) claims, awards, and administrative costs under the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note);
and
(B) the budget of the Department of Justice relating to
such Act.
SEC. 4. ESTABLISHMENT OF PROGRAM OF GRANTS TO STATES FOR
EDUCATION, PREVENTION, AND EARLY DETECTION OF
RADIOGENIC CANCERS AND DISEASES.
Subpart I of part C of title IV of the Public Health
Service Act (42 U.S.C. 285 et seq.) is amended by adding at
the end the following:
``SEC. 417C. GRANTS FOR EDUCATION, PREVENTION, AND EARLY
DETECTION OF RADIOGENIC CANCERS AND DISEASES.
``(a) Definition.--In this section the term `entity' means
any--
``(1) National Cancer Institute-designated cancer center;
``(2) Department of Veterans Affairs hospital or medical
center;
``(3) Federally Qualified Health Center, community health
center, or hospital;
``(4) agency of any State or local government, including
any State department of health; or
``(5) nonprofit organization.
``(b) In General.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration in consultation with the Director of the
National Institutes of Health and the Director of the
[[Page H5188]]
Indian Health Service, may make competitive grants to any
entity for the purpose of carrying out programs to--
``(1) screen individuals described under section
4(a)(1)(A)(i) or 5(a)(1)(A) of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) for cancer as a
preventative health measure;
``(2) provide appropriate referrals for medical treatment
of individuals screened under paragraph (1) and to ensure, to
the extent practicable, the provision of appropriate follow-
up services;
``(3) develop and disseminate public information and
education programs for the detection, prevention, and
treatment of radiogenic cancers and diseases; and
``(4) facilitate putative applicants in the documentation
of claims as described in section 5(a) of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note).
``(c) Indian Health Service.--The programs under subsection
(a) shall include programs provided through the Indian Health
Service or through tribal contracts, compacts, grants, or
cooperative agreements with the Indian Health Service and
which are determined appropriate to raising the health status
of Indians.
``(d) Grant and Contract Authority.--Entities receiving a
grant under subsection (b) may expend the grant to carry out
the purpose described in such subsection.
``(e) Health Coverage Unaffected.--Nothing in this section
shall be construed to affect any coverage obligation of a
governmental or private health plan or program relating to an
individual referred to under subsection (b)(1).
``(f) Report to Congress.--Beginning on October 1 of the
year following the date on which amounts are first
appropriated to carry out this section and annually on each
October 1 thereafter, the Secretary shall submit a report to
the Committee on the Judiciary and the Committee on Health,
Education, Labor, and Pensions of the Senate and to the
Committee on the Judiciary and the Committee on Commerce of
the House of Representatives. Each report shall summarize the
expenditures and programs funded under this section as the
Secretary determines to be appropriate.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated for the purpose of carrying out
this section $20,000,000 for fiscal year 1999 and such sums
as may be necessary for each of the fiscal years 2000 through
2009.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Cannon) and the gentleman from Massachusetts (Mr. Frank) each
will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Cannon).
General Leave
Mr. CANNON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. CANNON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, Senate 1515, the Radiation Exposure Compensation Act
Amendments of 2000 updates a similar 1990 law. The law now compensates
individuals exposed to radiation from either being downwind of a
nuclear test blast or engaged in the mining of uranium during the Cold
War.
The legislation we are considering today increases the number of
radiogenic and chronic diseases compensable under the 1990 act. This
bill increases the number of individuals and States eligible for
compensation in accordance with the scientific and medical information
gathered over the past decade.
S. 1515 responds to concerns raised by exposed victims and their
survivors, data from the scientific and medical communities,
information gained from the Department of Justice administering the
program, and the Government's responsibility to see that all
individuals seeking just compensation are eligible. S. 1515 makes the
needed changes in the existing law to give compensation to more
individuals harmed by the Government's nuclear arms testing programs.
S. 1515 would amend the Radiation Exposure Compensation Act of 1990.
The 1990 act provides payments to certain civilian individuals exposed
to radiation between 1947 and 1971. Those individuals include
underground uranium miners, individuals present at nuclear blast test
sites, and individuals who experienced fallout from those blasts in
certain geographical areas, known as downwinders.
Compensation is based on documented proof of the individual's
presence in each location and on the occurrence of certain cancers and
diseases associated with each type of exposure to radiation. In the
case of uranium miners, they had to have experienced a certain level
and length of radiation exposure as well.
S. 1515 would expand the number of individuals who could receive
payment under the act to include aboveground uranium miners, uranium
millers, and ore transporters. It would also make changes to the
current law to address inadequacies in the program that have been
apparent over time.
In 1995, the President's Advisory Committee on Human Radiation
Experiments released its review of the history of radiation experiments
and testing and made recommendations for appropriate government
responses to their findings. S. 1515 addresses the concerns raised by
the advisory committee.
Congress has a duty to revisit this act periodically to assure that
all individuals who should be covered are included based on new science
as it becomes available. This legislation revises the act to address
those deficiencies that we now know exist due to information and
scientific data recently gathered.
The bill before us today contains a manager's amendment which
embodies language worked out between the majority and the minority of
the Committee on the Judiciary concerning attorneys fees and technical
and conforming changes. The attorneys fees provision has been changed
from a 2 percent restriction on attorneys fees to 2 percent restriction
on attorneys fees if only one application needs to be submitted under
the act after enactment, a 10 percent restriction on attorneys fees if
more than one application needs to be submitted under the act after
enactment, and a 10 percent restriction on attorneys fees for any cases
where a contract for services is already in place prior to enactment.
This legislation is supported by the Navajo RECA Reform Working
Group, the Pueblo of Acoma, the Colorado Plateau Uranium Workers, and
the Western States RECA Reform Coalition.
Mr. Speaker, I understand that the Radiation Exposure Compensation
Act is an ongoing piece of legislation. It is likely that as we learn
and document more of the effects of radiation exposure, we will once
again revisit the issue. In particular, I recognize there are other
counties where people believe they should be included. I am committed
to helping these counties document the extent of their problems and
amending the act again if we come to realize that they should be
covered. I look forward to working with members of the other body, the
gentleman from Illinois (Chairman Hyde) and others to continue to
improve the Radiation Exposure Compensation Act.
This legislation will probably allow compensation to go to
approximately 9,600 individuals who lost their health, and in many
cases their lives, working to further this country's nuclear defense
program. These people and their families need our help now.
Mr. Speaker, I urge my colleagues to support this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. FRANK of Massachusetts. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, as is often the case, I find myself in substantial
agreement with what my colleague had just said. And in what is not
often enough the case, for that reason I do not intend to repeat any of
it. I realize this is a violation, if not of the rules of the House, of
its norms. But I will nonetheless carry that out.
Mr. Speaker, I was particularly pleased that the committee agreed to
a modification of the language involving legal fees. We have all agreed
to try and send this back over to the other body and work together to
get it enacted. The gentleman is correct that further work needs to be
done, but this is a great improvement.
Mr. Speaker, I reserve the balance of my time.
Mr. CANNON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I thank the gentleman from Massachusetts (Mr. Frank) for
his comments. Did the gentleman not have someone who wanted to speak on
his side?
Mr. FRANK of Massachusetts. Mr. Speaker, if the gentleman would
yield,
[[Page H5189]]
I appreciate his solicitude; but I do not have subpoena power and there
is nobody here. There are some people who are going to submit
statements. There were people who wanted to come, but they were called
to votes elsewhere.
Mr. CANNON. Mr. Speaker, reclaiming my time, I received a
communication from the gentleman from New Mexico (Mr. Skeen), my friend
and colleague and tireless worker on this bill. I would like to
summarize some of his comments.
Mr. Speaker, the gentleman from New Mexico and I both want to thank
several people for their involvement in this bill. First of all, Mr.
Hicks and his wife, Mr. Paul Hicks and his wife, Delfina Hicks. I am
confident that Paul, who has since passed away, is looking down on the
floor of the House today and smiling on the fruits of his tireless
efforts.
Paul, who was from Grants, New Mexico, was first a uranium miner,
then a lead miner, a shift boss, and then finally a mine foreman.
However, his most important work was saved for post-retirement when he
began his tireless efforts to amend the Radiation Exposure Compensation
Act, by serving as the president of the New Mexico Uranium Workers
Council and sacrificing his time and finances to help others. Those
efforts are directly reflected in the legislation before us today.
While Paul was a vocal and effective voice for the plight of the
uranium miners and millers, he had lots of support from those on whose
behalf he fought, numerous individuals in the private and political
realm who worked towards the same goal.
Former Congressman Bill Redmond introduced the legislation on which
much of S. 1515 is modeled and which resulted in the legislation the
gentleman from New Mexico (Mr. Skeen) introduced in this Congress, H.R.
1516.
Navajo Nation President Kelsey Begaye and Vice President Taylor
McKenzie put the resources of the Nation to work for the countless
Navajo miners and millers. In addition, Melton Martinez, Ben Shelley,
Lori Goodman, and numerous others worked tirelessly to better the lives
of miners and millers whose health suffered as a result of their time
in the mines and mills.
Mr. Speaker, the bottom line is that this legislation, like all
others, is the result of the efforts of many to obtain a common goal. I
am confident that the changes in eligibility requirements, amount of
working level exposure, medical documentation, addition of fallout
compensation, consideration of Native American law, and addition of
millers and transport workers to those eligible for compensation will
make a real difference to those who quietly served their country in the
uranium mines of the West.
Finally, I want to thank the gentleman from Illinois (Chairman Hyde),
the gentleman from Texas (Mr. Smith), the subcommittee chairman, and
subcommittee staffer Cindy Blackstone for their support and assistance
in moving this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. FRANK of Massachusetts. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, first, I join in the deserved accolades for Cindy
Blackstone for her work, because there was a little glitch that she
helped iron out. And I note that the gentleman from New Mexico (Mr.
Udall) had intended to make a statement. He was called to a committee
vote, and I know under General Leave he will be submitting a statement.
Mr. Speaker, I yield back the balance of my time.
Mr. CANNON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the gentleman from New Mexico (Mr. Udall) was going to
speak on the floor. I had hoped that we would have the opportunity to
have a colloquy. Tom is the son of Stewart Udall, who was the visionary
lawyer who brought the lawsuits in the first case for the downwinders
and others and that resulted in the legislation that is before us.
I have always felt close to Tom in particular. He is a Westerner, but
I had the great privilege of serving in my first legal job in
Washington, DC, as a clerk to Mr. Stewart Udall on this very case. And
so I take this back over 2 decades when I first began. I will say that
having read all of the documentation of all the meetings that were held
as it related to the downwinders and the potential injury that was
caused by our efforts, often covert during the Cold War, to expand our
knowledge and understanding and our stores of nuclear weapons, that we
as a Nation have a serious obligation to the people who suffered,
sometimes ignorantly, but nevertheless with serious disease and life-
threatening, in fact, life-ending health problems; that we as a Nation
owe those people what this bill allows for.
Mr. Speaker, it is people like Stewart Udall who saw the problem and
worked tirelessly to move that problem forward.
{time} 1145
So I think this bill and this amendment should be a tribute to Mr.
Stewart Udall, the father of the gentleman from New Mexico (Mr. Udall).
Mr. Speaker, I yield to the gentleman from Massachusetts (Mr. Frank).
Mr. FRANK of Massachusetts. Mr. Speaker, just to once again agree
with the gentleman from Utah (Mr. Cannon), and I can attest to Mr.
Stewart Udall's continued vigor and use of the telephone from personal
experience.
Mr. UDALL of New Mexico. Mr. Speaker, I speak today in support of S.
1515, the Radiation Exposure Compensation Act Amendments of 2000. This
revision is an important step in improving the program to compensate
uranium workers, atomic veterans, and those who were exposed to fallout
from atmospheric testing of nuclear weapons.
In 1990, Congress first accepted responsibility for the cancers
caused by exposure to radioactive materials from our nuclear programs.
The Radiation Exposure Compensation Act (RECA) provided payments to
individuals who suffered from diseases as a result of their exposure to
radiation in connection with the federal government's nuclear weapons
program. Although the original legislation was a good first step, the
existing compensation program has proven to place an additional burden
on the radiation victims. Progress on implementing RECA has been
impeded by criteria for compensation that is far more stringent than
for other groups for which compensation is provided.
These brave workers were essential to our national security efforts.
The U.S. Atomic Energy Commission was the sole purchaser of the uranium
ore and knew in the early 1950's that levels of radon and uranium dust
in the mines were unhealthy. We also knew atmospheric fallout was
dangerous. These brave people, the uranium miners, millers, and
transporters, and the ``downwinders'' were used as atomic guinea pigs.
The United States owes a debt of gratitude to the workers and their
families who unknowingly sacrificed their health to help win the Cold
War. I have listened to many of these victims, who have bravely fought
their cancers and the U.S. Government for justice.
The Senate bill addresses some, not all, concerns with the current
RECA program. Mr. Hatch's bill revises RECA in the following ways:
Includes residents of areas where atmospheric nuclear testing was
conducted;
Streamlines current payments schedules by requiring the government to
pay compensation to eligible victims within six weeks;
Authorizes a grant program to provide for the early detection,
prevention, and education of diseases caused by radiation exposure;
Expands coverage to include uranium millers in addition to miners;
Expands current criteria for victims of radiation exposure to include
a wider variety of covered cancers.
Although I support these improvements, the bill I introduced in the
House last year would have done much more to provide justice for the
victims of radiation-induced diseases. The bill we are voting on today
must be accepted or rejected in total, without any amendments. As the
Judiciary Committee stated at their markup of the bill, RECA is a work
in progress. Therefore, in order to ensure immediate and badly needed
improvements in the RECA program, I support the Senate bill. However,
we all agree and recognize that improvements need to be made to the
Radiation Exposure Compensation Act. I am especially concerned that
uranium workers employed between 1971 to 1990 are not covered under
this bill nor under current law and that the level of compensation
remains at $100,000.
My bill would have increased compensation to $200,000, which more
fairly covers the medical expenses, hardships, and lost income to the
victims. My bill also contained provisions to address victims of
experiments who were exposed to radiation without their consent, and
would have shifted the burden of proof off the victims onto the
Government. Other changes in my bill would have removed
[[Page H5190]]
the smoking distinction, and included workers exposed after 1971.
Especially important was the requirement to take into consideration and
incorporate, to the fullest extend feasible, the compensation claims
process for Navajo claimants to conform to Navajo law, tradition, and
customs. For example, claims should be based on traditional ties of
family.
One of the champions in this fight was a man by the name of Paul
Hicks. He passed away recently and is unable to be with us and witness
this victory. I also want to thank the Navajo Nation, President Kelsey
A. Begaye, Vice-President Taylor McKenzie, Speaker Edward T. Begay, Mr.
Phillip Harrison, Mr. Gilbert Badoni, Mrs. Sarah Benally, and Mr.
Melton Martinez and all the others who have worked so hard on this
effort.
The Navajos are taught to respect, honor, and take care of their
elders. We can do no less. Many of these workers are now dying. They
desperately need justice. They cannot afford to wait for Congress to
act. We need to pass this bill. Justice delayed is justice denied.
Mr. CONYERS. Mr. Speaker, I strongly support S. 1515, ``The Radiation
Exposure Compensation Act Amendments of 2000,'' which updates the 1990
law that currently compensates individuals exposed to radiation by
either being downwind of a nuclear test blast or by being involved in
the mining of uranium ore during the Cold War.
Uranium is used by our Government in the production of nuclear
weapons. This legislation increases the number of radiogenic and
chronic diseases compensable under the Act. The bill also increases the
number of individual and states eligible for compensation based on
scientific and medical information gathered over the past decade.
I would like to address the issue of attorneys' fees in the bill. The
original version of the bill reduces the 10% limitation on attorneys'
fees to 2%. While I generally do not support limitations on attorneys'
fees, I will not oppose the compromise language in the manager's
amendment that was reached between Representatives Frank, Smith, and
Hyde. The compromise language reduces the 10% limitation on attorneys'
fees in the bill to 2%, but retains the 10% limitation in existing
cases and in cases where there is a resubmission of a denied claim.
Ms. JACKSON-LEE of Texas. Mr. Speaker, the bill before us today is
important because it relieves suffering and pain that is brought on by
illness. Illness that was contracted due to activity by the United
States government. S. 1515, the ``Radiation Exposure Compensation Act
Amendments of 1999.'' On October 15, 1990, Congress passed the
Radiation Exposure Compensation Act of 1990 (RECA), which provided for
compassionate payments to individuals who suffered from specified
diseases presumably as a result of exposure to radiation in connection
with the federal government's nuclear weapons testing program. Among
those eligible for compensation under the Act are individuals who were
employed in underground uranium mines in Arizona, Colorado, New Mexico,
Utah or Wyoming during the 1947 to 1971 time period, who were exposed
to specified minimum levels of radon, and who contracted specified lung
disorders. The Department of Justice administers the RECA through the
Radiation Exposure Program.
The bill before us today, The Radiation Exposure Compensation Act
Amendments of 1999, would reform and expand the 1990 law which was
enacted to provide fair and swift compensation for those miners and
downwinders who contracted certain radiation-related illnesses. Primary
changes to RECA outlined in this bill include: expanding the list of
compensable diseases to include new cancers, including leukemia,
thyroid and brain cancer. It also includes certain non-cancer diseases,
including pulmonary fibrosis. Medical science has been able to link
these diseases to uranium mining in the 10 years since the enactment of
the original RECA.
This bill is a positive step in the right direction. However, I do
have several concerns. The first is to point out that the Congressional
Budget Office has scored this at almost $1 billion over the course of
five years. The CBO has estimated that this bill will cost $500 million
in the next three years. If this bill is going to pass, then the
appropriators must do their job to ensure that the RECA fund has enough
money to administer these claims, and relieve the suffering of these
claimants.
When RECA was initially passed in 1990, the principal authors of the
legislation recognized that the federal government owed a special duty
under RECA to the Navajo uranium miners due to the violation during the
mining operations of the government's trust responsibilities. Thousands
of men who were members of the Navajo nation who worked in these mines
not only were uniformed of the extreme dangers of uranium (which is
harmful if touched, inhaled, or digested), but were ordered into the
mine by the American contractors immediately after blasting, when
uranium dust was thick in the air. Headaches and nosebleeds resulted,
and many of these Navajo miners still suffer the long term effects of
their experience.
S. 1515 requires the Department of Justice to take Native American
law and customs into account when deciding these claims. This
legislation also directs the Justice Department to be more attuned to
the culture and customs of American Indian claimants.
Since the RECA trust fund began making awards in 1992, the Justice
Department has approved a total of 3,135 claims valued at nearly $232
million. In New Mexico, there have been 371 claims approved with a
value of nearly $37 million. The Radiation Exposure Compensation Trust
Fund is designed to compensate victims and their families who were
affected by radiation fall-out from open air nuclear testing and
radiation mining from the 1950s through the 1970s. This legislation
extends the trust fund and establishes a grant program to states for
education, prevention, and early detection of radiogenic cancers and
diseases.
This is a good bill and I fully support its passage.
The SPEAKER pro tempore (Mr. LaHood). The question is on the motion
offered by the gentleman from Utah (Mr. Cannon) that the House suspend
the rules and pass the Senate bill, S. 1515, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill, as amended, was
passed.
A motion to reconsider was laid on the table.
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