[Congressional Record Volume 151, Number 162 (Friday, December 16, 2005)]
[Senate]
[Pages S13797-S13798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAPO (for himself, Mr. Burns and Mr. Craig):
  S. 2132. A bill to Include Idaho and Montana as affected areas for 
purposes of making claims under the Radiation Exposure Compensation Act 
(42 U.S.C. 2210 note) based on exposure to atmospheric nuclear testing; 
to the Committee on the Judiciary.
  Mr. CRAPO. Mr. President, I rise to introduce legislation on behalf 
of myself, Senator Burns of Montana and my Colleague Senator  Craig 
that would include the States of Idaho and Montana as affected areas 
under the Radiation Exposure Compensation Act, or RECA.
  Since our goals of giving affected citizens in our States the 
opportunity to receive compensation under RECA, and the challenges 
faced by our constituents are the same, it is appropriate to combine 
our efforts toward rectifying the problem.
  Nuclear testing in Nevada during the 1950s and 1960s released 
radiation into the atmosphere that settled in States far away from the 
original test site. Certain elements of this radiation such as the 
radioactive isotope Iodine-131 settled in States such as Idaho and 
Montana and found their way into the milk supply. After time, in some 
cases 25 to 50 years after the fact, this contamination manifested 
itself as various forms of cancer, leukemia and other illnesses, 
particularly thyroid cancer. Those affected in this way are often 
referred to as ``downwinders,'' to denote their location downwind from 
the fallout.
  In 1990, Congress recognized the need for the Federal Government to 
make amends for the harm caused to innocent citizens by nuclear testing 
and the Radiation Exposure Compensation Act was passed into law. 
Unfortunately, the science at the time did not recognize that 
radioactive fallout did not restrict itself by State lines.
  This was highlighted in 1999, when a group of Senators, led by 
Senator Hatch, amended the law to include additional counties in 
Arizona. During debate on this legislation, Senator Hatch said, ``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.'' Since that time, even greater advances in 
science have been made in the area of radiation exposure.
  When the RECA disparity was first brought to my attention by the 
Idaho downwinders, I met with them to discuss ways to help them. The 
National Academy of Sciences staff came to Idaho in 2004 to hear 
testimony from those affected and ensure that their concerns and 
comments were included in the process.
  Their voices were heard; the NAS report released in April of 2005 
recognized that, among the 25 counties with the highest per capita 
dosage of radiation, 20 of those counties are in Idaho and Montana. In 
fact, Idaho is home to four of the top five counties in this regard. 
The report also stated that, ``To be equitable, any compensation 
program needs to be based on scientific criteria and similar cases must 
be treated alike. The current geographic limitations are not based on 
the latest science.'' Understanding these facts, it is of prime 
importance that we rectify the problem quickly.
  The NAS report recognizes that the RECA program needs to be updated 
and that affected Idahoans and Montanans deserve equal treatment with 
those in other States. The report makes several specific 
recommendations, chief among them that Congress should establish a new 
process for reviewing individual claims, based on probability of 
causation, or ``assigned share,'' a method which is used in the courts 
and for other radiation compensation programs. I am currently working 
with my colleagues to legislatively address the suggestions made by the 
NAS report and work out a long-term solution for the challenges 
currently posed by RECA.
  We all recognize that this problem requires a two-part solution--
expanding the current RECA program to include those left behind while 
at the same time working on the long-term fixes recommended by the NAS. 
These efforts must happen simultaneously and I am pleased that my 
colleagues are partnering with me on this course.
  Tragically, for some, it is already too late. A long-time advocate 
for the downwinders, and personal friend, Sheri Garmon, passed away 
from cancer this summer. Others preceded her and some are sick right 
now. There are still a number of those affected who are still waiting 
for the Government to do the right thing and make them eligible for 
compensation for their injuries. The facts are in and the science shows 
that they should not have to wait any longer for their rightful 
opportunity to seek appropriate redress. Let's fix this while we still 
have some of those who are sick because of Government actions with us.
  I would exhort my colleagues to join with me and Senators Burns and 
Craig to take up this legislation we have introduced today and bring 
needed fairness to those in Idaho and Montana and extend them 
eligibility under the current Radiation Exposure Compensation Act.
  Mr. President, I ask unanimous consent that 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:

[[Page S13798]]

                                S. 2132

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

     SECTION 1. INCLUSION OF IDAHO AND MONTANA IN RADIATION 
                   EXPOSURE COMPENSATION.

       Section 4(b)(1) of the Radiation Exposure Compensation Act 
     (42 U.S.C. 2210 note) is amended--
       (1) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (C), by striking ``and'' after the 
     semicolon; and
       (3) by adding after subparagraph (C) the following:
       ``(D) the State of Idaho; and
       ``(E) the State of Montana; and''.
                                 ______