[Congressional Record Volume 156, Number 61 (Wednesday, April 28, 2010)]
[Senate]
[Pages S2760-S2761]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN:
  S. 3270. A bill to include the county of Mohave, in the State of 
Arizona, as an affected area for purposes of making claims under the 
Radiation Exposure Compensation Act based on exposure to atmospheric 
nuclear testing; to the Committee on the Judiciary.
  Mr. McCAIN. Mr. President, I am pleased to introduce legislation that 
would amend the Radiation Exposure Compensation Act, RECA, by adding 
Mohave County, AZ, to the list of counties eligible for downwinder 
compensation. A similar proposal was introduced in the House of 
Representatives by Congressman Trent Franks. I'm hopeful this bill will 
help close a painful chapter for those Arizonans who were arguably the 
most affected by nuclear weapons testing during the Cold War.
  In 1990, Congress enacted the Radiation Exposure Compensation Act to 
compensate victims or their survivors who suffered certain illnesses 
caused by fallout exposure ``down wind'' of atmospheric nuclear weapons 
testing in the 1940's and lasting into the 1960's. Among various 
requirements, compensation eligibility is limited to certain affected 
counties which are specifically listed in the law. Astonishingly, 
despite its close proximity to the Nevada Test Site, the original RECA 
law and its subsequent amendments never listed Mohave County proper as 
an affected area. I believe the people of Mohave County deserve to see 
righted this unjust policy which has obstructed their ability to 
qualify for compensation.
  I understand that several of my colleagues have proposed similar RECA 
amendments based on data suggesting that their home states were also 
``down wind'' of nuclear weapons testing. In addition, my colleague, 
Senator Tom Udall, has introduced a far reaching legislative proposal 
to vastly expand the RECA program. I would hope that as these various 
RECA proposals advance through the legislative process, Congress gives 
thorough consideration to an April 2005 report by the National Academy 
of Sciences, NAS, that assessed, among other things, whether additional 
geographic areas should be added to the RECA program. The NAS study 
revealed a much wider area of radioactive fallout then originally 
identified when the RECA law was first written. The report also 
recommended replacing the geographic area criteria with a new science-
based process for determining compensation eligibility, a method 
similar to what's used in the Radiation Exposed-Veterans Compensation 
Act and the Energy Employees Occupational Illness Compensation Program 
Act. I believe it is worthwhile

[[Page S2761]]

for policy makers to consider the recommendations of the NAS report.
  In the meantime and until a comprehensive overhaul of RECA is 
developed, I will work within the parameters of the existing RECA law 
in my efforts to ensure that the people of Mohave County are treated 
fairly in this matter. I encourage my colleagues to support this bill.
                                 ______