[Congressional Record Volume 147, Number 67 (Wednesday, May 16, 2001)]
[Senate]
[Pages S5012-S5015]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mr. Domenici, and Mr. Daschle):
  S. 898. A bill to make technical amendments to the Radiation Exposure 
Compensation Act (42 U.S.C. 2210 note), provide compensation to certain 
claimants under such act, and for other purposes; to the Committee on 
the Judiciary.
  Mr. HATCH. Mr. President, today I am introducing bipartisan 
legislation that will provide important and necessary technical changes 
to the Radiation Exposure Compensation Act of 1990, RECA, as amended.
  I am delighted that my good friend and esteemed Chairman of the 
Budget Committee, Senator Domenici, is joining me as the primary 
cosponsor. Pete and I have been working on RECA since its enactment in 
1990 and his leadership has been invaluable over the years in making 
this program a reality.
  I want to give special thanks to Senator Daschle for joining us as an 
original cosponsor on this important legislation. His support of this 
program has been critical to its success.
  I also want to thank Congressman Chris Cannon who is introducing the 
companion bill in the House.
  The compensation fund established under the original RECA Act of 1990 
provides a level of financial support to thousands of individuals, both 
workers and civilians, who were not informed about the health hazards 
associated with radiation exposure. Many of these individuals worked in 
uranium mines, many drove the trucks which transported uranium ore, and 
many happened to live downwind from a nuclear test site. These 
individuals, especially the downwinders, became ill due to their 
radiation exposure.
  As my colleagues will recall, last year Congress passed the Radiation 
Exposure Compensation Amendments of 2000, S. 1515. This law, P.L. 106-
245, included new eligibility standards so that individuals who were 
injured as a result of working in the government's nuclear weapon's 
program would receive some compensation for their radiation-related 
illness.
  The RECA Amendments of 2000 made important changes to the original 
1990 Act by updating the list of compensable illnesses, primarily 
cancers, eligible for consideration as well as increasing the number of 
individuals and states eligible for compensation based on the latest 
scientific and medical information gathered over the past decade.
  It has become painfully clear that there remain several important 
problems with the program which needs immediate or corrective attention 
by the Congress.

[[Page S5013]]

  First and foremost is the fact that the RECA Trust Fund is depleted. 
This is a situation we cannot allow to continue.
  I must say that I am outraged by the lack of funding for RECA. If 
Social Security recipients suddenly did not receive their checks, can 
you imagine the outcry that would fall on the Congress? A government 
IOU is a second injustice for families who have already suffered once 
too much.
  The fact of the matter is that funding for RECA must be permanently 
appropriated. Otherwise, we continue to run the risk of annual 
appropriation shortfalls during the appropriations process.
  Because the trust fund is depleted, RECA claimants are now receiving 
``IOU'' letters from the Federal Government in lieu of a check. I am 
informed by the Justice Department, which oversees the RECA program, 
that approximately 180 claims cannot be paid because the trust fund is 
depleted. Morever, I understand this number is likely to increase to as 
many as 2,000 claims.
  This situation is simply unacceptable. I have met with RECA claimants 
in my state. It does not take long to see the pain and suffering they 
have endured over the years. Pain and suffering, I might add, that has 
taken a toll not only on their lives but on the lives of their 
families, as well.
  Most of these individuals are now retired; they live on modest 
incomes, and fear their declining health will only exacerbate their 
limited family finances.
  Many of these individuals have already died as a result of their 
injuries sustained while working for the government's nuclear 
production program. They have paid the highest price for service to 
their country--their lives.
  I recently received a copy of a letter from one of my constituents, 
Miss Rita Torres, who wrote to President Bush regarding her father, Mr. 
Jose O. Torres, who suffered from cancer as a result of working in a 
uranium mine.
  Mr. Torres was diagnosed with lung cancer two years ago. It 
metastasized to his liver. He had to use oxygen constantly because part 
of one of his lungs had been removed.
  Seven months ago Mr. Torres received a letter from the Department of 
Justice informing him he had been approved for compensation under the 
RECA program.
  According to Mr. Torres, ``When I received my approval, it was a 
happy day. I have exhausted all my means and have been waiting for some 
relief from my government since the approval letter arrived seven 
months ago. Once I was a strong man, glad to work hard all day long. 
But I am no match for the pain, it has brought me to tears, it has 
brought my wife to tears as she struggles to make me comfortable, it 
has brought my children to tears to see their parents suffer so. I have 
no access to money. I have no influential friends. I am a simple person 
who has understood that when you gave your word, it meant something. 
But all the promises to the people have been forgotten. To be near the 
end [of my life] with no relief from the government has saddened me 
very much.''
  Mr. Torres never received his check from the federal government. He 
received an IOU instead.
  Several weeks ago, on March 21 at 2:30 p.m., Mr. Jose Torres passed 
away. He was 73.
  We cannot forget these brave Americans. When Congress passed the 
original RECA legislation in 1990 and the subsequent RECA 2000 
amendments last year, we made a promise to them.
  Mr. Torres, like thousands of other individuals in the 1940s, 50s and 
60s, worked in some of the most horrendous conditions imaginable all 
the while not knowing that they were exposed to dangerous levels of 
radiation.
  The legislation I am introducing today will provide for a permanent, 
indefinite appropriation to the RECA Trust Fund. Both the President's 
budget and the budget resolution contain a provision proposing to fund 
RECA on a permanent basis.
  The bill we are introducing today provides the necessary authority 
for Congress to follow-through and appropriate a full and permanent 
allocation to the trust fund.
  Let me also take a moment to comment briefly about another key 
provision in the bill which I believe deals with a matter of fairness 
for the RECA community.
  The legislation we are introducing today ensures that all individuals 
exposed to radiation as a result of the government's nuclear weapons 
production program are accorded the same level of benefits.
  Last fall, Congress passed the Department of Defense Authorization 
Act of 2000, P.L. 106-398, creating a new ``Energy Employees 
Occupational Illness Compensation Program.'' This new program, which I 
supported, establishes a compensation fund for Department of Energy, 
DOE, employees and contract employees who were injured due to exposure 
to radioactive materials while working at DOE nuclear facilities and 
weapons testing sites.
  Under the Energy program, individuals whose claims are approved will 
receive a monetary amount of $150,000 plus prospective medical 
benefits. These benefits are considerably more generous than those 
provided under RECA.
  During the DOD conference last fall, Senator Domenici and I worked to 
provide an increase in benefits for the RECA claimants to provide them 
with an additional $50,000 plus prospective medical benefits.
  It seems blatantly unfair for the federal government to provide a 
richer level of benefits to its own employees than for innocent 
civilians who happened to live downwind from a test site, or who worked 
in one of the mining operations.
  Although the final agreement did extend additional benefits to the 
RECA workers, the conferees decided not to include the downwinders or 
on site participants.
  The bill we are introducing today corrects this injustice and ensures 
that all individuals exposed to radioactive materials, as part of the 
government's program, are treated the same with respect to the level of 
benefits provided.
  The third and final key provision of this legislation provides 
necessary technical changes to the 2000 Act which, essentially, were 
recommended by the Department of Justice. The 2000 Act inadvertently 
eliminated some claimants previously eligible for compensation, and 
made it more difficult for other claimants to prove eligibility.
  For example, in amending the list of downwinder areas, RECA 2000 
inadvertently eliminated individuals in a portion of Mohave County in 
Arizona who were previously eligible under the original RECA program. 
As a consequence, claimants who reside in this portion of Mohave County 
are no longer eligible for compensation. The technical amendment would 
again include this area in the definition of downwinder areas.
  The proposed legislation we are introducing today will also improve 
the efficiency of the RECA program. Moreover, this bill will ensure 
fairness in the administration of RECA.
  I am particularly mindful of concerns regarding the inclusion of 
additional cancers or counties to be included in the Act as well as the 
standards for length of radiation exposure necessary to qualify for the 
program. I know there has been some confusion over the length of 
radiation exposure requirements for certain cancers.
  In this regard, I have included in the bill Section 5 which 
specifically directs the National Research Council to report to 
Congress annually with recommendations to include additional cancers, 
or counties, in the program. Moreover, the NRC is directed to examine 
whether the requirements for exposure to radiation should be reduced. 
This section will provide Congress the needed epidemiological data to 
assist us in resolving these issues.
  It is critical that Congress pass this legislation as soon as 
possible. And, to that end, I intend to schedule this bill for an 
executive business meeting in the Judiciary Committee as soon as 
possible.
  This bill has strong bipartisan support. I urge my colleagues to 
support this measure so that the Federal Government can keep its 
commitment to those eligible claimants for whom RECA was enacted.
  I ask unanimous consent the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 898

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

[[Page S5014]]

     SECTION 1. RADIATION EXPOSURE COMPENSATION TECHNICAL 
                   AMENDMENTS.

       (a) In General.--The Radiation Exposure Compensation Act 
     (42 U.S.C. 2210 note) is amended--
       (1) in section 4(b)(1)(C), by inserting ``, and that part 
     of Arizona that is north of the Grand Canyon'' after 
     ``Gila'';
       (2) in section 4(b)(2)--
       (A) by striking ``lung cancer (other than in situ lung 
     cancer that is discovered during or after a post-mortem 
     exam),''; and
       (B) by striking ``or liver (except if cirrhosis or 
     hepatitis B is indicated).'' and inserting ``liver (except if 
     cirrhosis or hepatitis B is indicated), or lung.'';
       (3) in section 5(a)(1)(A)(ii)(I), by inserting ``or worked 
     for at least 1 year during the period described under clause 
     (i)'' after ``months of radiation'';
       (4) in section 5(a)(2)(A), by striking ``an Atomic Energy 
     Commission'' and inserting ``a'';
       (5) in section 5(b)(5), by striking ``or lung cancer'';
       (6) in section 5(c)(1)(B)(i), by striking ``or lung 
     cancer'';
       (7) in section 5(c)(2)(B)(i), by striking ``or lung 
     cancer'';
       (8) in section 6(e)--
       (A) by striking ``The'' and inserting ``Except as otherwise 
     authorized by law, the''; and
       (B) by inserting ``, mill, or while employed in the 
     transport of uranium ore or vanadium-uranium ore from such 
     mine or mill'' after ``radiation in a uranium mine'';
       (9) in section 6(i), by striking the second sentence;
       (10) in section 6(j), 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.'';
       (11) in section 6, by adding at the end the following:
       ``(m) Substantiation by Affidavits.--
       ``(1) In general.--The Attorney General shall take such 
     action as may be necessary to ensure that the procedures 
     established by the Attorney General under this section 
     provide that a substantiation may be made by an individual 
     filing a claim under those procedures by means of an 
     affidavit described under paragraph (2), in addition to any 
     other material that may be used to substantiate--
       ``(A) employment history for purposes of determining 
     working level months; or
       ``(B) the residence of an individual filing a claim under 
     section 4.
       ``(2) Affidavits.--An affidavit referred to under paragraph 
     (1) is an affidavit that--
       ``(A) meets such requirements as the Attorney General may 
     establish; and
       ``(B) is made by a person other than the individual filing 
     the claim that attests to the employment history or residence 
     of the claimant.'';
       (12) in section 7, by amending subsection (b) to read as 
     follows:
       ``(b) Choice of Remedies.--No individual may receive more 
     than 1 payment under this Act.''; and
       (13) by adding at the end the following:

     ``SEC. 14. GAO REPORTS.

       ``(a) In General.--Not later than 18 months after the date 
     of enactment of the Radiation Exposure Compensation Act 
     Amendments of 2000, and every 18 months thereafter, the 
     General Accounting Office shall submit a report to Congress 
     containing a detailed accounting of the administration of 
     this Act by the Department of Justice.
       ``(b) Contents.--Each report submitted under this section 
     shall include an analysis of--
       ``(1) claims, awards, and administrative costs under this 
     Act; and
       ``(2) the budget of the Department of Justice relating to 
     this Act.''.
       (b) Conforming Amendments.--Section 3 of the Radiation 
     Exposure Compensation Act Amendments of 2000 (Public Law 106-
     245) is amended by striking subsections (e) and (i).

     SEC. 2. COMPENSATION FOR CERTAIN CLAIMANTS UNDER THE 
                   RADIATION EXPOSURE COMPENSATION ACT.

       (a) In General.--Section 3630 of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000, as 
     enacted into law by Public Law 106-398, is amended to read as 
     follows:

     ``SEC. 3630. SEPARATE TREATMENT OF CERTAIN CLAIMANTS UNDER 
                   THE RADIATION EXPOSURE COMPENSATION ACT.

       ``(a) Compensation Provided.--An individual who receives, 
     or has received, a payment under section 4 or 5 of the 
     Radiation Exposure Compensation Act (42 U.S.C. 2210 note) for 
     a claim made under that Act (in this section referred to as a 
     `covered individual'), or the survivor of that covered 
     individual if the individual is deceased, shall receive 
     compensation under this section in the amount of $50,000.
       ``(b) Medical Benefits.--A covered individual shall receive 
     medical benefits under section 3629 for the illness for which 
     that individual received a payment under section 4 or 5 of 
     that Act.
       ``(c) Coordination With RECA.--The compensation and 
     benefits provided in subsections (a) and (b) are separate 
     from any compensation or benefits provided under that Act.
       ``(d) Payment From Compensation Fund.--The compensation 
     provided under this section, when authorized or approved by 
     the President, shall be paid from the compensation fund 
     established under section 3612.
       ``(e) Survivors.--(1) Subject to the provisions of this 
     section, if a covered individual dies before the effective 
     date specified in subsection (g), whether or not the death is 
     a result of the illness specified in subsection (b), a 
     survivor of that individual may, on behalf of that survivor 
     and any other survivors of that individual, receive the 
     compensation provided for under this section.
       ``(2) The right to receive compensation under this section 
     shall be afforded to survivors in the same order of 
     precedence as that set forth in section 8109 of title 5, 
     United States Code.
       ``(f) Procedures Required.--The President shall establish 
     procedures to identify and notify each covered individual, or 
     the survivor of that covered individual if that individual is 
     deceased, of the availability of compensation and benefits 
     under this section.
       ``(g) Effective Date.--This section shall take effect on 
     July 31, 2001, unless Congress provides otherwise in an Act 
     enacted before that date.''.
       (b) Technical and Conforming Amendments.--(1) The table of 
     sections for the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 is amended by striking the 
     item relating to section 3630 and inserting the following:

``Sec.  3630.  Separate treatment of certain claimants under the 
              Radiation Exposure Compensation Act.''.
       (2) Section 3641 of the Energy Employees Occupational 
     Illness Compensation Program Act of 2000, as enacted into law 
     by Public Law 106-398, is amended--
       (A) by striking ``covered uranium employee'' and inserting 
     ``covered individual''; and
       (B) by adding at the end the following: ``Nothing in this 
     section shall be construed to offset any payment of 
     compensation under section 3630 and any payment under the 
     Radiation Exposure Compensation Act (42 U.S.C. 2210 note).''.

     SEC. 3. ATTORNEY FEES.

       Section 3648(b)(2) of the Energy Employees Occupational 
     Illness Compensation Program Act of 2000, as enacted into law 
     by Public Law 106-398, is amended to read as follows:
       ``(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 
     this Act; or
       ``(B) a resubmission of a denied claim.''.

     SEC. 4. RADIATION EXPOSURE COMPENSATION.

       Section 3(e) of the Radiation Exposure Compensation Act (42 
     U.S.C. 2210 note) is amended--
       (1) in the subsection heading by striking the first 2 words 
     and inserting ``Indefinite''; and
       (2) by striking ``authorized to be''.

     SEC. 5. REPORTS BY THE NATIONAL RESEARCH COUNCIL.

       (a) Contract for Reports.--Not later than 60 days after the 
     date of enactment of this Act, the Attorney General of the 
     United States shall enter into a contract with the National 
     Research Council to submit reports in accordance with 
     subsection (b).
       (c) Reports.--Not later than December 31, 2002, and not 
     later than December 31 of each year thereafter through 2010, 
     the National Research Council shall submit a report, in 
     accordance with the contract entered into under subsection 
     (a), to Congress that--
       (1) reviews the most recent scientific information relating 
     to radiation exposure and related cancers; and
       (2) makes any recommendation to--
       (A) reduce the length of radiation exposure requirements; 
     or
       (B) include types of cancer or classes of individuals to be 
     covered by the Radiation Exposure Compensation Act (42 U.S.C. 
     2210 note).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $600,000 for fiscal year 2001; and
       (2) such sums as may be necessary for fiscal years 2001 
     through 2011.

  Mr. DOMENICI. Mr. President, I rise today, with Senator Hatch, to 
introduce the Radiation Exposure Compensation Technical Amendments and 
Refinement Act. These technical amendments are needed because the RECA 
amendments we passed in 2000 inadvertently eliminated some claimants 
previously eligible for compensation and made it more difficult for 
other claimants to prove eligibility.
  These technical amendments are very important, but perhaps more 
importantly this bill provides mandatory funding for the now-bankrupt 
RECA Trust Fund. For over a year now, eligible claimants have been 
receiving nothing more than a five-line IOU from the Justice 
Department. This is an injustice I never imagined when I authored the 
Radiation Exposure Compensation Act in 1990--an injustice that can and 
must be rectified through this bill.
  RECA was designed to compensate our nation's uranium mine workers who 
became afflicted with debilitating and too often deadly radiation-
related diseases. These men helped build our nuclear arsenal--the 
arsenal that is, at least in part, responsible for ending the

[[Page S5015]]

cold war. We must not let their sacrifice go unanswered.
  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. These miners faced 
long, uncomfortable days many feet underground.
  Many of those uranium miners from New Mexico who endured these 
conditions were Native Americans from the Najavo Nation. To this group 
of victims, our government owes a special duty of care based on a 
longstanding trust relationship formed by treaties and agreements.
  Mr. President, the Najavos and all the uranium miners performed a 
special service for our nation, and our nation owes them a special 
obligation. An obligation that it has twice failed to keep.
  Strike one: The government had adequate warning about the radiation 
hazards of uranium mining, and yet federal mine safety standards were 
not fully implemented until 1971. Thus, prior to 1971, the miners were 
sent into inadequately ventilated mines with virtually no warning 
regarding the dangers of radiation.
  Strike two: The government has failed to keep the program fully 
funded. Frankly, this is unconscionable. Those who helped protect our 
nation's security must be compensated for their suffering. Anything 
less is unacceptable.
  Mr. President, our legislation today would ensure that the government 
does not strike out. These men served our nation well, and it is time 
for this nation to serve them well.
                                 ______