[Congressional Record Volume 147, Number 26 (Thursday, March 1, 2001)]
[Senate]
[Pages S1787-S1788]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself and Mr. Hatch):
  S. 448. A bill to provide permanent appropriations to the Radiation 
Exposure Compensation Trust Fund to make payments under the Radiation 
Exposure Compensation Act (42 U.S.C. 2210 note); to the Committee on 
Appropriations.
  S. 449. A bill to ensure the timely payment of benefits to eligible 
persons under the Radiation Exposure Compensation Act (42 U.S.C. 2210); 
to the Committee on Appropriations.
  Mr. DOMENICI. Mr. President, I rise today to introduce two bills that 
will provide full funding for the Radiation Exposure Compensation Trust 
Fund.
  One of the unfortunate consequences of our country's rapid 
development of its nuclear weapons programs was that many of those who 
worked in the early uranium mines became afflicted with debilitating 
and too often deadly diseases, including various cancers and 
respiratory illnesses.
  These miners and their families lived under tough conditions. Some 
lived in one-room houses located as close as 200 feet from the mine 
shafts. Their children played near the mines and their families drank 
underground water that exposed them to radiation. The miners endured 
long, uncomfortable days many feet underground.
  One such miner was Paul Hicks, for whom this bill is named. Mr. Hicks 
of Grants, NM was a uranium miner for twelve years in New Mexico. He 
later worked as lead miner, a shift boss, and ended his career as a 
mine foreman. Paul was the President of the New Mexico Uranium Miners 
Council and he championed the fight on behalf of miners of the Najavo 
Nation, Acoma Pueblo, Grants, NM, Dove Creek, and Grand Junction, CO. 
Unfortunately, Paul passed away from bone cancer last year.
  Although Paul is no longer with us, his voice on behalf of uranium 
miners will forever be heard. As long as I'm in the United States 
Senate I will carry his torch until justice for all uranium miners is 
realized.
  Paul was not alone in his suffering. Other New Mexico uranium miners 
have been stricken by radiation-related diseases. Indeed, many of these 
miners were Native Americans--primarily from the Najavo Nation. As many 
as 1,500 Navajos worked in the uranium mines from 1947-1971.
  To these Americans, the Federal government owes a special duty of 
care. The government has a longstanding trust relationship with Native 
Americans based on treaties and agreements. I regret to say that as for 
the Najavo miners our government has failed miserably in protecting 
this trust relationship.

  After all, these Native American miners and all uranium miners helped 
build our nuclear arsenal--the arsenal that is, at least in part, 
responsible for ending the Cold War. Our nation owes them a debt of 
gratitude. Yet, despite their enormous sacrifice, the federal 
government failed to protect their health. The government had adequate 
warning about the radiation hazards associated with uranium mining. 
Nonetheless, prior to federal regulations in 1971, the miners were sent 
into poorly ventilated mines with almost no warnings about the dangers 
of radiation.
  After a 13-year fight we finally passed legislation to rectify this 
injustice in 1990. The Radiation Exposure Compensation Act was intended 
to provide fair and swift compensation for those miners, federal 
workers, and downwinders who had contracted certain radiation-related 
illnesses.
  Since 1990, more than 3500 claims have been paid by the federal 
government under RECA. However, by mid-2000 the fund had run dry.
  The bottom line is that there is not enough money for the RECA trust 
fund. In fact, the Justice Department, who administers this program, 
has been sending IOU's to individuals who have already been approved 
for benefits.
  Frankly, this is unconscionable. Those who helped protect our 
nation's security through their work on our nuclear programs must be 
compensated for the enormous price they paid. Anything less is 
unacceptable.
  Senator Hatch and I propose a bill seeking $84 million in emergency 
supplemental appropriations to pay those claims that have already been 
approved as well as the projected number of approved claims for FY 
2001. We are also introducing legislation to make all future payments 
for approved claims mandatory.
  With this legislation, we will ensure that those who gave so much for 
our nation will at least receive their deserved benefits. We must never 
again let their sacrifice go unanswered.
  Mr. President, I ask unanimous consent that a Department of Justice 
IOU letter be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                            Department of Justice,


                                               Civil Division,

                                                   Washington, DC.
     Re RECA Claim No. 201
     Claimant: ------ ------
       Dear Mr. ------ ------. I am pleased to inform you that 
     your claim for compensation under the Radiation Exposure 
     Compensation Act has been approved. Regretfully, because the 
     money available to pay claims has been exhausted, we are 
     unable to send a compensation payment to you at this time. 
     When Congress provides additional funds, we will contact you 
     to commence the payment process.
       Thank you for your understanding.
           Sincerely,

                                            Gerard W. Fischer,

                                               Assistant Director,
                                     Torts Branch, Civil Division.

  Mr. HATCH. Mr. President, today I am joining with my esteemed 
colleague and chairman of the Budget Committee, Senator Domenici, in 
introducing two pieces of legislation that will ensure the full funding 
of the Radiation Exposure Compensation Act, RECA, Trust Fund.
  As the original sponsor of the Radiation Exposure Compensation Act of 
1990 and the subsequent amendments to the Act, S. 1515 which was 
enacted last year, I am pleased that this program has provided much 
needed compassionate compensation to thousands of individuals. And, 
although many RECA eligible individuals have received compensation, it 
is now apparent that a funding shortfall exists within the program 
resulting in hundreds of individuals not receiving their payments.
  The legislation Senator Domenici and I are introducing today is 
designed to meet the funding shortfall so that all eligible individuals 
who are approved for compensation will receive their payment and not an 
``IOU'' from the Justice Department.
  The first bill ensures the timely payment of benefits to eligible 
persons by providing $84 million to the RECA Trust Fund for fiscal year 
2001. The money will be available to the Justice Department to fund the 
existing claims that have already been processed as well as anticipated 
claims of the remainder of this fiscal year.
  The second bill provides for a permanent appropriation to the RECA 
Trust Fund beginning in fiscal year 2002, and thereafter, such sums as 
may be necessary to meet the financial obligations of approved claims.
  Both of these bills are needed in order to pay those individuals who 
have qualified under the original 1990 Act and the RECA 2000 
amendments, as signed into law last July 10, 2000, but who have not 
received their payment because the fund is currently depleted. 
Moreover, as a result of the passage of RECA 2000, we have extended 
compensation to additional deserving citizens who have suffered 
mightily as a result of the cold war atomic testing programs.
  In addition, the legislation we are introducing today provides that 
funding for the RECA trust fund be made through a permanent 
appropriation. This provision will provide certainty and stability in 
financing the trust fund and, thereby, ensure eligible individuals 
receive their compensation.
  I want to thank my colleague, Senator Domenici, for his commitment to

[[Page S1788]]

resolving this very difficult problem that many individuals are now 
facing. It is simply unfair for the federal government to promise 
compensation to harmed individuals and then tell these same people that 
there are no federal dollars to pay their claims. This situation is 
completely unacceptable.
  I would also like to add, in this context, that within the next few 
weeks I will be introducing additional legislation that will not only 
complement the bills introduced today but also provide for necessary 
refinements and technical changes to improve the administration of the 
RECA program. I will have more to say about this legislation when it is 
introduced within the next several weeks.
  I urge my colleagues to join me in supporting these important 
measures.
                                 ______