[Congressional Record Volume 146, Number 84 (Wednesday, June 28, 2000)]
[Senate]
[Pages S6036-S6040]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RADIATION EXPOSURE COMPENSATION ACT AMENDMENTS OF 2000
Mr. BROWNBACK. I ask unanimous consent the Chair lay before the
Senate a message from the House of Representatives to accompany S.
1515, an Act to amend the Radiation Exposure Compensation Act, and for
other purposes.
There being no objection, the Presiding Officer laid before the
Senate the following message from the House of Representatives:
Resolved, That the bill from the Senate (S. 1515) entitled
``An Act to amend the Radiation Exposure Compensation Act,
and for other purposes'', do pass with the following
amendment:
Strike out all after the enacting clause and insert:
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 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:
[[Page S6037]]
``(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 two National Institute of Occupational Health and Safety
certified `B' readers classifying the existence of the
nonmalignant respiratory disease of category 1/0 or higher
according to a 1989 report of the International Labor Office
(known as the `ILO'), or subsequent revisions;
``(ii) high resolution computed tomography scans (commonly
known as `HRCT scans') (including computer assisted
tomography scans (commonly known as `CAT scans'), magnetic
resonance imaging scans (commonly known as `MRI scans'), and
positron emission tomography scans (commonly known as `PET
scans')) and interpretive reports of such scans;
``(iii) pathology reports of tissue biopsies; or
``(iv) pulmonary function tests indicating restrictive lung
function, as defined by the American Thoracic Society;
``(6) the term `lung cancer'--
``(A) means any physiological condition of the lung,
trachea, or bronchus that is recognized as lung cancer by the
National Cancer Institute; and
``(B) includes in situ lung cancers;
``(7) the term `uranium mine' means any underground
excavation, including `dog holes', as well as open pit,
strip, rim, surface, or other aboveground mines, where
uranium ore or vanadium-uranium ore was mined or otherwise
extracted; and
``(8) the term `uranium mill' includes milling operations
involving the processing of uranium ore or vanadium-uranium
ore, including both carbonate and acid leach plants.''.
(3) Written documentation.--Section 5 of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) is amended by
adding at the end the following:
``(c) Written Documentation.--
``(1) Diagnosis alternative to arterial blood gas study.--
``(A) In general.--For purposes of this Act, the written
diagnosis and the accompanying interpretive reports described
in subsection (b)(5)(A) shall--
``(i) be considered to be conclusive; and
``(ii) be subject to a fair and random audit procedure
established by the Attorney General.
``(B) Certain written diagnoses.--
``(i) In general.--For purposes of this Act, a written
diagnosis made by a physician described under clause (ii) of
a nonmalignant pulmonary disease or lung cancer of a claimant
that is accompanied by written documentation shall be
considered to be conclusive evidence of that disease.
``(ii) Description of physicians.--A physician referred to
under clause (i) is a physician who--
``(I) is employed by the Indian Health Service or the
Department of Veterans Affairs; or
``(II) is a board certified physician; and
``(III) has a documented ongoing physician patient
relationship with the claimant.
``(2) Chest x-rays.--
``(A) In general.--For purposes of this Act, a chest x-ray
and the accompanying interpretive reports described in
subsection (b)(5)(B) shall--
``(i) be considered to be conclusive; and
``(ii) be subject to a fair and random audit procedure
established by the Attorney General.
``(B) Certain written diagnoses.--
``(i) In general.--For purposes of this Act, a written
diagnosis made by a physician described in clause (ii) of a
nonmalignant pulmonary disease or lung cancer of a claimant
that is accompanied by written documentation that meets the
definition of that term under subsection (b)(5) shall be
considered to be conclusive evidence of that disease.
``(ii) Description of physicians.--A physician referred to
under clause (i) is a physician who--
``(I) is employed by--
``(aa) the Indian Health Service; or
``(bb) the Department of Veterans Affairs; and
``(II) has a documented ongoing physician patient
relationship with the claimant.''.
(d) Determination and Payment of Claims.--
(1) Filing procedures.--Section 6(a) of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) is amended by
adding at the end the following: ``In establishing procedures
under this subsection, the Attorney General shall take into
account and make allowances for the law, tradition, and
customs of Indian tribes (as that term is defined in section
5(b)) and members of Indian tribes, to the maximum extent
practicable.''.
(2) Determination and payment of claims, generally.--
Section 6(b)(1) of the Radiation Exposure Compensation Act
(42 U.S.C. 2210 note) is amended by adding at the end the
following: ``All reasonable doubt with regard to whether a
claim meets the requirements of this Act shall be resolved in
favor of the claimant.''.
(3) Offset for certain payments.--Section 6(c)(2)(B) of the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is
amended--
(A) in clause (i), by inserting ``(other than a claim for
workers' compensation)'' after ``claim''; and
(B) in clause (ii), by striking ``Federal Government'' and
inserting ``Department of Veterans Affairs''.
(4) Application of native american law to claims.--Section
6(c)(4) of the Radiation Exposure Compensation Act (42 U.S.C.
2210 note) is amended by adding at the end the following:
``(D) Application of native american law.--In determining
those individuals eligible to receive compensation by virtue
of marriage, relationship, or survivorship, such
determination shall take into consideration and give effect
to established law, tradition, and custom of the particular
affected Indian tribe.''.
(5) Action on claims.--Section 6(d) of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) is amended--
(A) by inserting ``(1) In general.--'' before ``The
Attorney General'';
(B) by inserting at the end the following: ``For purposes
of determining when the 12-month period ends, a claim under
this Act shall be deemed filed as of the date of its receipt
by the Attorney General. In the event of the denial of a
claim, the claimant shall be permitted a reasonable period in
which to seek administrative review of the denial by the
Attorney General. The Attorney General shall make a final
determination with respect to any administrative review
within 90 days after the receipt of the claimant's request
for such review. In the event the Attorney General fails to
render a determination within 12 months after the date of the
receipt of such request, the claim shall be deemed awarded as
a matter of law and paid.''; and
(C) by adding at the end the following:
``(2) Additional information.--The Attorney General may
request from any claimant under this Act, or from any
individual or entity on behalf of any such claimant, any
reasonable additional information or documentation necessary
to complete the determination on the claim in accordance with
the procedures established under subsection (a).
``(3) Treatment of period associated with request.--
``(A) In general.--The period described in subparagraph (B)
shall not apply to the 12-month limitation under paragraph
(1).
``(B) Period.--The period described in this subparagraph is
the period--
``(i) beginning on the date on which the Attorney General
makes a request for additional information or documentation
under paragraph (2); and
``(ii) ending on the date on which the claimant or
individual or entity acting on behalf of that claimant
submits that information or documentation or informs the
Attorney General that it is not possible to provide that
information or that the claimant or individual or entity will
not provide that information.
``(4) Payment within 6 weeks.--The Attorney General shall
ensure that an approved claim is paid not later than 6 weeks
after the date on which such claim is approved.
``(5) Native american considerations.--Any procedures under
this subsection shall take into consideration and
incorporate, to the fullest extent feasible, Native American
law, tradition, and custom with respect to the submission and
processing of claims by Native Americans.''.
(e) Regulations.--
(1) In general.--Section 6(i) of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) is amended by adding
at the end the following: ``Not later than 180 days after the
date of the 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 the
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 three times. Any resubmittal made before
the date of the 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 the
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 the 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
[[Page S6038]]
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 the 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
the enactment of this Act, and every 18 months thereafter,
the General Accounting Office shall submit a report to
Congress containing a detailed accounting of the
administration of the Radiation Exposure Compensation Act (42
U.S.C. 2210 note) by the Department of Justice.
(2) Contents.--Each report submitted under this subsection
shall include an analysis of--
(A) claims, awards, and administrative costs under the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note);
and
(B) the budget of the Department of Justice relating to
such Act.
SEC. 4. ESTABLISHMENT OF PROGRAM OF GRANTS TO STATES FOR
EDUCATION, PREVENTION, AND EARLY DETECTION OF
RADIOGENIC CANCERS AND DISEASES.
Subpart I of part C of title IV of the Public Health
Service Act (42 U.S.C. 285 et seq.) is amended by adding at
the end the following:
``SEC. 417C. GRANTS FOR EDUCATION, PREVENTION, AND EARLY
DETECTION OF RADIOGENIC CANCERS AND DISEASES.
``(a) Definition.--In this section the term `entity' means
any--
``(1) National Cancer Institute-designated cancer center;
``(2) Department of Veterans Affairs hospital or medical
center;
``(3) Federally Qualified Health Center, community health
center, or hospital;
``(4) agency of any State or local government, including
any State department of health; or
``(5) nonprofit organization.
``(b) In General.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration in consultation with the Director of the
National Institutes of Health and the Director of the Indian
Health Service, may make competitive grants to any entity for
the purpose of carrying out programs to--
``(1) screen individuals described under section
4(a)(1)(A)(i) or 5(a)(1)(A) of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) for cancer as a
preventative health measure;
``(2) provide appropriate referrals for medical treatment
of individuals screened under paragraph (1) and to ensure, to
the extent practicable, the provision of appropriate follow-
up services;
``(3) develop and disseminate public information and
education programs for the detection, prevention, and
treatment of radiogenic cancers and diseases; and
``(4) facilitate putative applicants in the documentation
of claims as described in section 5(a) of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note).
``(c) Indian Health Service.--The programs under subsection
(a) shall include programs provided through the Indian Health
Service or through tribal contracts, compacts, grants, or
cooperative agreements with the Indian Health Service and
which are determined appropriate to raising the health status
of Indians.
``(d) Grant and Contract Authority.--Entities receiving a
grant under subsection (b) may expend the grant to carry out
the purpose described in such subsection.
``(e) Health Coverage Unaffected.--Nothing in this section
shall be construed to affect any coverage obligation of a
governmental or private health plan or program relating to an
individual referred to under subsection (b)(1).
``(f) Report to Congress.--Beginning on October 1 of the
year following the date on which amounts are first
appropriated to carry out this section and annually on each
October 1 thereafter, the Secretary shall submit a report to
the Committee on the Judiciary and the Committee on Health,
Education, Labor, and Pensions of the Senate and to the
Committee on the Judiciary and the Committee on Commerce of
the House of Representatives. Each report shall summarize the
expenditures and programs funded under this section as the
Secretary determines to be appropriate.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated for the purpose of carrying out
this section $20,000,000 for fiscal year 1999 and such sums
as may be necessary for each of the fiscal years 2000 through
2009.''.
Mr. HATCH. Mr. President, I am pleased that the Congress is approving
one of my top legislative priorities, the ``Radiation Exposure
Compensation Act Amendments of 2000,'' (S. 1515) which will update the
compensation program Congress enacted a decade ago. The amendments we
pass tonight will make certain that more Utahns who were exposed to
radiation during the Cold War can now be granted deserved compensation
to recognize the injuries and hardship they and their families have
suffered. It will also streamline the application process, making it
easier for eligible claimants to qualify.
Mr. President, we our government can never truly make right the
unanticipated illness and injury caused by our Nation's nuclear testing
program. But we should do all we can, and it is my fervent hope these
amendments show Congress' commitment to righting a wrong in which the
government played such a substantial role.
S. 1515 is aimed at improving a program which provides a measure of
compensation to individuals who have sustained illness due to radiation
exposure. These are fellow Americans who have suffered terribly from
cancer and other debilitating diseases resulting from exposure to
fallout and uranium mining during this narrow period of our history.
In meetings with constituents over the past several years, I have
heard countless heart-rending stories about the devastating effects
families have felt due to their exposure to radiation. I recall so
vividly one young woman in St. George, Utah talking about the
``beautiful sky'' that her mother called all the children outside to
view, thus exposing every family member to radiation. Tragically, many
of those family members were eventually diagnosed with cancer.
Through advances in science, we now know so much more about the
effects of that radiation than we did in the late 1950s and 1960s. In
fact, we know so much more today than we did in 1990 when Congress
passed the original compensation program, the Radiation Exposure
Compensation Act. Our current state of scientific knowledge allows us
to pinpoint with more accuracy which diseases are reasonably believed
to be related to radiation exposure, and that is what necessitated the
legislation we are considering today.
The RECA amendments of 2000 updates that 1990 law in a number of
important areas. Let me briefly take this opportunity to summarize the
improvements to RECA that S. 1515 makes:
1. It expands the list eligible diseases (leukemia) and other cancers
eligible for compensation to include: lung; thyroid; breast (male and
female); esophagus; stomach; pharynx, small intestine; pancreas; bile
ducts; salivary gland; urinary bladder; brain, colon; ovary; gall
bladder, or liver in those claimants referred to as ``downwinders'' and
onsite test participants.
2. It extends eligibility to other diseases (non-cancers) including
pulmonary fibrosis, silicosis and pneumoconiosis to millers and miners.
3. It includes two new counties, Wayne and San Juan, as well as
several other counties from other states.
4. It extends eligibility for compensation to include above-ground
and open-pit uranium mine workers, uranium mill workers, and
individuals who transported uranium ore. Under the 1990 law, only
underground miners of uranium were included.
5. In an important change, it eliminates a distinction between
smokers and nonsmokers. While I appreciate the concern of government
officials that smokers who became ill could not reasonably attribute
that illness to radiation exposure, many constituents have explained to
me that it was virtually impossible to provide reliable documentation
about as to whether they had smoked or not. Thus, I insisted in this
change so that claimants no longer need to prove they were non-smokers.
For many individuals, this will ease the application process
immeasurably.
6. It allows for certified physician/patient written documentation
and appropriate tests (e.g. CAT scans and MRIs) to be used in the
verification of a claim. This will also ease the claimant's application
process tremendously. Before, claimants had to search for specific
documentation that may have never existed or was disposed of years
earlier.
7. In another important provision, these amendments respect Native
American law in claims processing as it applies to survivor eligibility
based on law, tradition, and custom of a particular Indian tribe (i.e.
martial status).
8. While the bill retains the RECA'90 levels of compensation and does
not alter the documentation requirements showing that a person was
present during the atomic testings, at the request
[[Page S6039]]
of Senator Daschle, the bill does extend compensation to a new group of
individuals: millers (and ore transporters) who are also eligible for
$100,000.
9. In the case of millers, miners, and ore transporters, the bill
lowers the amount of documented radiation from 200 Working Level Months
(WLM) to 40 Working Level Months. If a miller or ore transporter
applies for compensation, their exposure documentation can be either
proof of 40 WLM or one year documented employment. This is a big
change, for with RECA 90, millers and ore transporters were not even
eligible for compensation and miners were required to show proof of 200
WLMs.
10. Miners and millers are eligible for compensation if they meet the
eligibility criteria for lung cancer and chronic lung diseases
mentioned above in #2. Millers are eligible for compensation if they
develop renal cancers, chronic renal disease including nephritis and
kidney tubal tissue injury. The compensation would be $100,000.
11. Finally, at the suggestion of several Washington County, Utah
constituents, the bill includes a new grant program that will help with
early detection, prevention and screening of radiogenic diseases. These
programs will screen for the early warning signs of cancer, provide
medical referrals and educate individuals on prevention and treatment
of radiogenic diseases. The grant program is designed to be available
to a wide range of community-based groups, including cancer centers,
hospitals, Veterans Affairs medical centers, community health centers
and state departments of health.
I am extremely grateful to the interested and concerned constituents
who helped in the drafting of the RECA amendments. Many times, their
heartfelt stories helped lead to provisions in the legislation which
can only help improve the program. For example, in one meeting on the
bill held in St. George, Utah, a woman explained to my office that the
compensation program, while well-intended, could never make families
who had experienced radiation-caused illness whole again. She expressed
her feeling that the greater good could come not from compensating
individuals, but from instituting programs which will help families
detect potential illness earlier, allowing them to be treated more
successfully and cost-effectively. From that conversation was born the
new prevention grant program, which I believe will prove to be
extremely successful.
Our nation has a commitment to the thousands who suffered ill-effects
from radiation exposure during a period of nuclear testing critical to
our Nation's defense capabilities. I believe we have an obligation to
those who were injured, especially since they were not adequately
warned about the potential health hazards involved in their exposure.
This legislation was made possible by a staunch group of bipartisan
supporters who have worked several years to see these program
modernizations through. In particular, I want to thank my colleagues
from the Beehive State, Representative Chris Cannon, a Judiciary
Committee member who worked so hard to get this bill through, and
Senator Bob Bennett, for his support on this measure.
Likewise, I want to thank a number of other Senators for their help
in passing this legislation--Senators Ben Nighthorse Campbell, Jon Kyl,
and Pete Domenici, and Minority Leader Tom Daschle and Senator Jeff
Bingaman. All of these Senators assisted substantially in developing
this legislation.
I would be remiss if I did not thank members of the Senate Judiciary
Committee, and especially Senator Pat Leahy, for their help and
cooperation on this issue. And, I want to pay special tribute to my
counterpart in the House, Chairman Henry Hyde, as well as to
Representative Lamar Smith, Chairman of the Subcommittee on Immigration
and Claims.
Finally, I would also like to thank the ranking member of the House
Judiciary Committee, Representative John Conyers, Representative Barney
Frank, and Representative Joe Skeen for their generous support and
contributions toward the passage of this bill. I would also be remiss
if I did not mention the contributions made to this bill by Stewart
Udall, whose substantial work on RECA and these amendments should not
go unnoticed.
I want to offer sincere appreciation for the assistance and
cooperation of key staff, including Cindy Blackston of the House
Judiciary Committee, Trudy Vincent of Senator Bingaman's staff, Peter
Hansen and Mark Childress of Senator Daschle's staff, and Ed Pagano of
Senator Leahy's staff.
Also, I want to recognize the hard work by my own staff on this
legislation. I have often thought that the probability of any bill
passing by unanimous consent is an inverse relationship to the number
of hours spent developing it. This bill has been a long time in
development. Dr. Marlon Priest began the research phase for this bill
over two years ago. Dr. David Russell has brought the legislation to
its completion. Pattie DeLoatche, Rob Foreman, Shawn Bently, Troy Dow,
Jeannine Holt, and Patricia Knight have worked tirelessly together on
behalf of this legislation.
And last, but not least, I want to thank the many constituents who
offered helpful suggestions to me as we worked to enact S. 1515. I have
a tremendous appreciation for their determination, dedication and hard
work which was such a necessary part of crafting this legislation.
The Radiation Exposure Compensation Act Amendment of 2000 is an
important piece of legislation which will speed up the application
process as well as modernize the criteria for compensation, helping
thousands of fellow Utahns and other deserving Americans who were
injured by our nation's nuclear development and testing programs. I am
hopeful that President Clinton will sign this bipartisan bill into law
on a priority basis.
Mr. DASCHLE. Mr. President, I am delighted that the Senate is passing
S. 1515, the Radiation Exposure Compensation Improvement Act Amendments
of 2000. I deeply appreciate the hard work of my colleague, Senator
Hatch, in developing this legislation and bringing it to this point.
Hundreds of former uranium workers in South Dakota and thousands
across the nation have developed cancer and other life-threatening
diseases as a result of their work producing uranium on behalf of the
United States government. Although the federal government knew that
this work put the health of these men and women at risk, it failed to
take appropriate steps to warn or protect them.
In 1990, Congress passed landmark legislation to compensate these
individuals. The legislation before us today takes critically-needed
steps to amend this act to make it easier for victims to apply for and
receive compensation. It also broadens the availability of compensation
by updating the list of compensable diseases to take into account the
latest science and by extending compensation to groups of workers
excluded from the original law. Most importantly, it makes compensation
available to workers in all states, including my home state of South
Dakota. The original law limited compensation to workers in five states
only, despite the fact that workers in other states faced identical
circumstances.
It is critical that we pass this legislation as quickly as possible
in order to provide these individuals with compensation. Many are sick,
and unable to afford adequate health insurance. This compensation will
provide them with vital assistance.
While I believe we need to send this legislation to the President
immediately, there is one issue I hope to address as quickly as
possible. The current version of this legislation sets different
standards of eligibility for compensation for uranium millers and
uranium miners. Uranium millers must demonstrate that they worked in a
mill for a year. However, miners must demonstrate that they were
exposed to 40 or more working level months of radiation. Given that
miners' records about their level of exposure have now been lost, or
were kept inaccurately, I believe we should set the one year standard
for both categories of workers. Would the Senator from Utah agree at
the first available opportunity to seek to amend this legislation to
state that miners must simply demonstrate that they worked in a mine
for one year to be eligible to receive compensation?
Mr. HATCH. I agree to work with the Democratic Leader. While we
cannot
[[Page S6040]]
afford a delay in sending the current bill to the resident, a strong
argument can be made that both miners and mill workers should have the
same standard of eligibility for compensation. I will work with the
Senator in an expeditious manner to address this issue and make any
necessary amendment.
Mr. DASCHLE. I thank my colleague and once again commend him for his
outstanding work on this issue.
Mr. LEAHY. Mr. President, I am pleased that the Senate is passing S.
1515, the Radiation Exposure Compensation Act Amendments of 2000, and
sending it to President Clinton for his signature into law. I want to
congratulate the Chairman of the Judiciary Committee, Senator Hatch,
and the Senator from New Mexico, Senator Bingaman, for their leadership
on this bill.
During the Senate Judiciary Committee consideration of this
legislation last year, I offered an amendment on behalf of Senator
Bingaman to add the category of renal disease affecting uranium miners
to the coverage of the Radiation Exposure Compensation Act. I am
pleased to report that our amendment has been retained in the final
version of this legislation. I know that Senator Bingaman sought higher
compensation levels for radiation exposure victims in his original
legislation, but has agreed to this bipartisan compromise to ensure the
bill's final passage into law this year and to expedite compensation to
radiation exposure victims in New Mexico.
I want to commend Senator Hatch and Senator Bingaman for a job well
done.
Mr. BINGAMAN. Mr. President, I rise today with my colleague from
Utah, Senator Hatch, and others, to recognize we are passing S. 1515,
which makes long overdue improvements to the Radiation Exposure
Compensation Act of 1990.
Mr. President, RECA was originally enacted in 1990 as a means of
compensating the individuals who suffered from exposure to radiation as
a result of the U.S. 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 to those adversely affected by the various radiation
tragedies. In keeping with the spirit of that apology, the legislation
the Senate is passing today will further correct existing injustices
and provide compassionate compensation for those whose lives and health
were sacrificed as part of our nation's effort to win the Cold War.
While this bill does not go as far as the bill I originally introduced
in the Senate this Congress, I am pleased that we have been able to
take these important steps to begin to compensate our citizens for the
sacrifices they made.
During the period of 1947 to 1961, the Federal Government controlled
all aspects of the production of nuclear fuel. One of these aspects was
the mining of uranium in New Mexico, Colorado, Arizona, Wyoming and
Utah. Even though the Federal Government had adequate knowledge of the
hazards involved in uranium mining, these miners, many of whom were
Native Americans, were sent into inadequately ventilated mines with
virtually no instruction regarding the dangers of ionizing radiation.
These miners had no idea of those dangers. Consequently, they inhaled
radon particles that eventually yielded substantial doses of ionizing
radiation. As a result, these miners have a substantially elevated
cancer rate and incidence of incapacitating respiratory disease. The
health effects of uranium mining in the fifties and sixties remain the
single greatest concern of many former uranium miners and millers and
their families and friends.
In 1990, I was pleased to co-sponsor the original RECA legislation to
provide compassionate compensation to uranium miners. I believe that
our efforts in 1990 were well intentioned but have not proven to be as
effective as we had hoped in providing redress to those individuals who
suffered the effects of working in uranium mines or mills or
transporting the ore. The government has the responsibility to
compensate all those adversely affected and who have suffered health
problems because they were not adequately informed of the risks they
faced while mining, milling, and transporting uranium ore.
Now we are getting ready to pass this comprehensive amendment to RECA
to correct omissions, make RECA consistent with current medical
knowledge, and to address what have become administrative horror
stories for the claimants. With passage of this bill, we're now a
Presidential signature away from offering compensation to thousands
more uranium workers than ever.
Mr. President, the success of this bill is due in large part to Paul
Hicks, who stood up for uranium workers, and strongly encouraged
Congress to do the right thing by passing this bill. Paul was President
of the Uranium Workers of New Mexico, and his passing just two months
ago makes today's action bittersweet. But I hope his family can take
comfort in the fact that he made a tremendously positive impact on the
lives of thousands of uranium workers.
Mr. President, I am appreciative of all the hard work done on this
bill by Senator Hatch and others, and I hope the President will sign
this bill as soon as possible so that justice will be delayed no
longer.
Mr. BROWNBACK. I ask unanimous consent that the Senate agree to the
amendment of the House.
The PRESIDING OFFICER. Without objection, it is so ordered.
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