[Congressional Record Volume 157, Number 53 (Tuesday, April 12, 2011)]
[Senate]
[Pages S2393-S2394]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. UDALL of New Mexico (for himself, Mr. Bingaman, Mr. 
        Bennet, Mr. Crapo, Mr. Udall of Colorado, and Mr. Risch):
  S. 791. 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.
  Mr. UDALL of New Mexico. Mr. President, I rise today to introduce the 
Radiation Exposure Compensation Act Amendments of 2011. The Radiation 
Exposure Compensation Act, known as RECA, was first passed in 1990 
after years of work and litigation. The act was later improved in 2000 
through amendments made by Congress, and today I am joined by my 
colleagues, Senators Bingaman, Bennet, Crapo, Mark Udall, and Risch, to 
once again improve the act through introduction of this legislation.
  This bill honors the individuals who unwittingly gave their health 
and even their lives to national efforts to develop uranium and a Cold 
War nuclear arsenal during the mid-20th century. Some Americans were 
sickened through exposure to aboveground atomic weapons tests, and 
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 and lived near testing sites became sick with 
serious diseases like lung cancer and kidney disease.
  Much of the United States' uranium development and weapons testing 
occurred in New Mexico and the West. Mines and mills drew workers into 
rural communities. These workers, and much of the country, were unaware 
of the dangers of radiation exposure. As mining and milling continued 
and our national understanding of the dangers of radiation exposure 
developed, the Federal Government continued to fail to ensure that 
uranium workers and their families were safe from the hazards of 
exposure to radioactive materials. As a result, numerous illnesses and 
cancers began to emerge in the men and women who worked in the uranium 
mining industry and lived downwind of weapons testing sites.
  In my home State of New Mexico, the Pueblo of Laguna was home to the 
nation's largest open pit uranium mine. Additionally, many large and 
small mines and mill sites were opened within the Navajo Nation. In 
fact, much of the State's northwestern area is spackled with hundreds 
of abandoned uranium mines. Workers from across the State came to these 
mines and mills, especially from the economically struggling 
communities of rural New Mexico.
  In the late '70s, 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 injustice, and for me, it continues to 
be a family priority. Ten years later, the original RECA legislation 
was passed in the United States Congress, giving a level of restitution 
to sick miners and millers, as well as individuals downwind of nuclear 
tests. The RECA legislation was later expanded upon through an 
amendment adopted in 2000.

  The legislation we introduce today takes the next step to address the 
remaining shortfalls of the Radiation Exposure Compensation Act.
  Specifically, the bill would include post-1971 uranium workers as 
qualified claimants. While the Federal Government ceased 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 recently conducted 
surveys, the majority of uranium workers from this time period report 
that they did not have showers or washbasins 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 
report 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, the cut-off included in the original RECA legislation, they 
have no opportunity for compensation. Our bill changes that. If the 
measure passes, individuals working between 1971 and 1990 will qualify 
to claim compensation for exposure-related diseases.
  The bill we're 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.
  Those exposed as a result of aboveground weapons tests would receive 
increased compensation as a result of passage of the bill being 
introduced today. This would make their compensation consistent with 
their counterparts who worked in mines and mills.
  Comprehensive epidemiological research on the impacts of uranium 
development on communities and families of uranium workers is long 
overdue. Our legislation would authorize funding for the National 
Institute of Environmental Health Sciences to award grants to 
universities and non-profits to carry out such research.
  Many who have suffered as a result of cold war uranium and weapons 
development do not have the documentation to prove their exposure. 
Often, mines and mills did not keep proper documentation of their 
workers, and many communities impacted do not have a tradition of 
keeping birth and marriage certification. The RECA Amendments of 2011 
would broaden the use of affidavits to substantiate employment history 
and residence in an affected downwind area.
  Employees would also be able to combine their time worked in multiple 
positions to meet the work-time requirements for compensation in the 
original RECA legislation if today's legislation is adopted.
  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.
  For more than two decades now, the United States has tried to 
compensate in some way for the sickness and loss of life that came as a 
result of cold war era uranium and weapons development. Much has been 
accomplished, but today we are taking the next step to close

[[Page S2394]]

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.
  Thousands continue to suffer from deadly illnesses as a result of 
radiation exposure, but many do not qualify for compensation because 
they began employment after 1971, or because they worked for a short 
time in several different mines and mills. Others qualify for a level 
of compensation, but still struggle to pay the expensive medical bills 
associated with their illnesses.
  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, and I urge the Judiciary 
Committee, the committee of jurisdiction, to expedite hearing on this 
important piece of legislation.
                                 ______