[Congressional Record Volume 156, Number 55 (Monday, April 19, 2010)]
[Senate]
[Pages S2425-S2426]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. UDALL of New Mexico (for himself, Mr. Bingaman, Mr. Crapo, 
        Mr. Udall of Colorado, Mr. Risch, and Mr. Bennet):
  S. 3224. A bill to amend the Radiation Exposure Compensation Act to 
improve compensation for workers involved in uranium mining, and for 
other purposes; to the Committee on the Judiciary.

[[Page S2426]]

  Mr. UDALL of New Mexico. Mr. President, I rise today to introduce the 
Radiation Exposure Compensation Act amendments of 2010. The Radiation 
Exposure Compensation Act, known as RECA, was first introduced in this 
body 21 years ago today. Proposed by the Senator from Utah, Orrin 
Hatch, this original legislation was a monumental step in recognizing 
some of the unheralded victims of the Cold-War era.
  As the United States Government built up its Cold-War nuclear arsenal 
during the mid-20th century, many Americans paid the price with their 
health. Some were sickened through exposure to aboveground atomic 
weapons tests. Others were exposed to heavy doses of radiation from 
working in the uranium mining industry. All the while the government 
was slow to implement Federal protections.
  As a result, a generation of Americans who worked in the mines or 
lived near testing sites became sick with serious diseases such as lung 
cancer and kidney disease and many others.
  Much of the U.S. uranium development occurred on the Navajo Nation. 
That is where jobs in the mines and mills drew workers from the 
surrounding rural areas. These workers and much of the country were 
unaware of the dangers of radiation exposure, and this was despite 
reports from the European mining industry indicating that uranium 
mining led to high rates of lung cancer. There should have been a 
warning call, there should have been a wake-up call, but there wasn't.
  In the ensuing years, rates of lung cancer among Navajo Indians went 
from disproportionately low to disproportionately high compared with 
the rest of the U.S. population. This was clearly a result of uranium 
development and related radiation exposure.
  In addition to lung cancer, numerous other illnesses began to emerge 
in the men and women who worked in the uranium mining industry. These 
individuals were not limited to the Navajo Nation. In my home State of 
New Mexico, the Pueblo of Laguna was home to the Nation's largest open 
pit uranium mine. Workers from across the State came to the mines, 
especially from the economically struggling communities of rural New 
Mexico.
  In the late 1970s, my father, Stewart Udall, took up the fight for 
these workers. In 1979, my father filed 32 claims against the 
Department of Energy on behalf of widows of deceased Navajo uranium 
miners. In many ways, this marked the beginning of the fight for 
compensation for all uranium workers.
  I remember working those years with my whole family to collect 
information and push for recognition. It was a family effort to fight 
for justice, and for me it continues to be a family priority.
  Ten years later, the original RECA legislation was introduced in the 
Senate. It passed in 1990, giving a level of restitution to sick miners 
and millers, as well as individuals living downwind of nuclear tests. 
Amendments to RECA have occurred over the ensuing decades, most 
significantly in 2000. That is when the act was expanded to include 
mill workers and ore transporters and expand downwind counties, among 
other things.
  Today, with Senators Jeff Bingaman, Mike Crapo, Mark Udall, Michael 
Bennet, and James Risch, I introduced a piece of legislation that takes 
the next step in addressing the remaining shortfalls of the Radiation 
Exposure Compensation Act. I wish to highlight some of the provisions 
of our bill.
  First, the inclusion of post-1971 uranium miners and workers as 
qualified claimants. While the Federal Government ceased the purchase 
of domestic uranium in 1971, implementation of Federal work safety 
standards was slow and regulation of mines was poor. As a result, 
thousands of miners and millers were never made aware of the dangers of 
the yellow cake they handled on a regular basis.
  In recent surveys, the majority of uranium workers from this period 
reported they did not have showers or wash basins in the mines where 
they worked. They often took contaminated clothing home for laundering, 
unaware of the hazards, and with no other option for cleaning. Many 
also reported that ventilation to prevent unnecessary exposure was not 
provided in their work areas.
  Today, these workers continue to suffer and die from illnesses 
related to radiation exposure. But because their employment dates began 
after 1971, they have no opportunity for compensation. Our bill changes 
that. If the measure passes, individuals working from 1971 until 1990 
will qualify to claim compensation for exposure-related diseases.
  The bill we are introducing today would also expand the geographic 
areas that qualify for downwind compensation to include New Mexico, 
Idaho, Montana, Colorado, and Guam. And for the first time, the bill 
recognizes downwind exposure from the original atomic weapons test 
site--the Trinity Site in New Mexico.
  This legislation would raise compensation levels for those exposed as 
a result of aboveground weapons tests. This would make their 
compensation consistent with their counterparts who worked in the mines 
and mills.
  The bill would also facilitate epidemiological research on the 
impacts of uranium development on communities and families of uranium 
workers. It authorizes funding for the National Institute of 
Environmental Health Sciences to award grants to universities and 
nonprofits to carry out such research. We are seeking to broaden the 
use of affidavits to substantiate employment history and residence in 
an affected downwind area.
  Many who have suffered as a result of Cold-War uranium and weapons 
development did not have the documentation to prove their exposure. 
Often mines and mills did not keep proper documentation of their 
workers, and many communities impacted did not have a tradition of 
keeping birth and marriage certification. The bill would allow 
individuals to combine their time worked in multiple positions to meet 
the work time requirements for compensation in the original RECA 
legislation.
  Finally, this legislation would allow miners to be compensated for 
kidney disease, and it would allow core drillers to join miners, 
millers, and ore transporters on the current list of uranium workers 
who qualify for compensation under the act.
  Uranium and weapons development of the Cold-War era left a gruesome 
legacy in communities of mine workers and downwinders. For more than 
two decades now the United States has tried to compensate in some way 
for the sickness and loss of life. Today, we are taking the next step 
to close this sad chapter in history and to improve the reach of 
compassionate compensation to those Americans who have suffered but 
have not qualified under RECA in its current form.
  In introducing this legislation, I honor all those who continue to 
suffer from deadly illnesses as a result of radiation exposure but 
don't qualify for compensation--especially those workers who began 
employment after 1971 and, thus, do not qualify for RECA.
  I look forward to working with my colleagues to recognize these 
individuals and expand RECA to include all who are justified in 
receiving radiation exposure compensation.
                                 ______