[Congressional Record Volume 166, Number 119 (Monday, June 29, 2020)]
[Senate]
[Pages S3958-S3961]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2302. Mr. CRAPO submitted an amendment intended to be proposed to
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to
authorize appropriations for fiscal year 2021 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title XXXI, add the following:
Subtitle G--Radiation Compensation Exposure
SEC. 3171. SHORT TITLE.
This subtitle may be cited as the ``Radiation Exposure
Compensation Act Amendments of 2020''.
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SEC. 3172. REFERENCES.
Except as otherwise specifically provided, whenever in this
subtitle an amendment or repeal is expressed in terms of an
amendment to or repeal of a section or other provision of
law, the reference shall be considered to be made to a
section or other provision of the Radiation Exposure
Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note).
SEC. 3173. EXTENSION OF FUND.
Section 3(d) is amended--
(1) by striking the first sentence and inserting ``The Fund
shall terminate 19 years after the date of the enactment of
the Radiation Exposure Compensation Act Amendments of
2020.''; and
(2) by striking ``22-year'' and inserting ``19-year''.
SEC. 3174. CLAIMS RELATING TO ATMOSPHERIC TESTING.
(a) Leukemia Claims Relating to Trinity Test in New Mexico
and Tests in the Pacific.--Section 4(a)(1)(A) is amended--
(1) in clause (i)--
(A) in subclause (II)--
(i) by striking ``in the affected area'' and inserting ``in
an affected area''; and
(ii) by striking ``or'' after the semicolon;
(B) by redesignating subclause (III) as subclause (V); and
(C) by inserting after subclause (II) the following:
``(III) was physically present in an affected area for the
period beginning on June 30, 1945, and ending on July 31,
1945; or
``(IV) was physically present in an affected area--
``(aa) for a period of at least 1 year during the period
beginning on June 30, 1946, and ending on August 19, 1958; or
``(bb) for the period beginning on April 25, 1962, and
ending on November 5, 1962; or''; and
(2) in clause (ii)(I), by striking ``physical presence
described in subclause (I) or (II) of clause (i) or onsite
participation described in clause (i)(III)'' and inserting
``physical presence described in subclause (I), (II), (III),
or (IV) of clause (i) or onsite participation described in
clause (i)(V)''.
(b) Amounts for Claims Related to Leukemia.--Section
4(a)(1) is amended--
(1) in subparagraph (A) by striking ``an amount'' and
inserting ``the amount''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Amount.--If the conditions described in subparagraph
(C) are met, an individual who is described in subparagraph
(A)(i) shall receive $150,000.''.
(c) Specified Diseases Claims Relating to Trinity Test in
New Mexico and Tests in the Pacific.--Section 4(a)(2) is
amended--
(1) in subparagraph (A), by striking ``in the affected
area'' and inserting ``in an affected area'';
(2) in subparagraph (B)--
(A) by striking ``in the affected area'' and inserting ``in
an affected area''; and
(B) by striking ``or'' at the end;
(3) by redesignating subparagraph (C) as subparagraph (E);
and
(4) by inserting after subparagraph (B) the following:
``(C) was physically present in an affected area for the
period beginning on June 30, 1945, and ending on July 31,
1945;
``(D) was physically present in an affected area--
``(i) for a period of at least 2 years during the period
beginning on June 30, 1946, and ending on August 19, 1958; or
``(ii) for the period beginning on April 25, 1962, and
ending on November 5, 1962; or''.
(d) Amounts for Claims Related to Specified Diseases.--
Section 4(a)(2) is amended in the matter following
subparagraph (E) (as redesignated by subsection (c) of this
section) by striking ``$50,000 (in the case of an individual
described in subparagraph (A) or (B)) or $75,000 (in the case
of an individual described in subparagraph (C)),'' and
inserting ``$150,000''.
(e) Medical Benefits.--Section 4(a) is amended by adding at
the end the following:
``(5) Medical benefits.--An individual receiving a payment
under this section shall be eligible to receive medical
benefits in the same manner and to the same extent as an
individual eligible to receive medical benefits under section
3629 of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384t).''.
(f) Downwind States.--Section 4(b)(1) is amended to read as
follows:
``(1) `affected area' means--
``(A) except as provided under subparagraphs (B) and (C),
Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, and
Utah;
``(B) with respect to a claim by an individual under
subsection (a)(1)(A)(i)(III) or (2)(C), only New Mexico; and
``(C) with respect to a claim by an individual under
subsection (a)(1)(A)(i)(IV) or (2)(D), only Guam.''.
SEC. 3175. CLAIMS RELATING TO URANIUM MINING.
(a) Employees of Mines and Mills.--Section 5(a)(1)(A)(i) is
amended--
(1) by inserting ``(I)'' after ``(i)'';
(2) by striking ``December 31, 1971; and'' and inserting
``December 31, 1990; or''; and
(3) by adding at the end the following:
``(II) was employed as a core driller in a State referred
to in subclause (I) during the period described in such
subclause; and''.
(b) Miners.--Section 5(a)(1)(A)(ii)(I) is amended by
inserting ``or renal cancer or any other chronic renal
disease, including nephritis and kidney tubal tissue injury''
after ``nonmalignant respiratory disease''.
(c) Millers, Core Drillers, and Ore Transporters.--Section
5(a)(1)(A)(ii)(II) is amended--
(1) by inserting ``, core driller,'' after ``was a
miller'';
(2) by inserting ``(I)'' after ``clause (i)''; and
(3) by striking all that follows ``nonmalignant respiratory
disease'' and inserting ``or renal cancer or any other
chronic renal disease, including nephritis and kidney tubal
tissue injury; or''.
(d) Combined Work Histories.--Section 5(a)(1)(A)(ii) is
further amended--
(1) by striking ``or'' at the end of subclause (I); and
(2) by adding at the end the following:
``(III)(aa) does not meet the conditions of subclause (I)
or (II);
``(bb) worked, during the period described in clause
(i)(I), in two or more of the following positions: miner,
miller, core driller, and ore transporter;
``(cc) meets the requirements of paragraph (4) or (5), or
both; and
``(dd) submits written medical documentation that the
individual developed lung cancer or a nonmalignant
respiratory disease or renal cancer or any other chronic
renal disease, including nephritis and kidney tubal tissue
injury after exposure to radiation through work in one or
more of the positions referred to in item (aa);''.
(e) Dates of Operation of Uranium Mine.--Section 5(a)(2)(A)
is amended by striking ``December 31, 1971'' and inserting
``December 31, 1990''.
(f) Special Rules Relating to Combined Work Histories.--
Section 5(a) is amended by adding at the end the following:
``(4) Special rule relating to combined work histories for
individuals with at least one year of experience.--An
individual meets the requirements of this paragraph if the
individual worked in one or more of the positions referred to
in paragraph (1)(A)(ii)(III)(bb) for a period of at least one
year during the period described in paragraph (1)(A)(i)(I).
``(5) Special rule relating to combined work histories for
miners.--An individual meets the requirements of this
paragraph if the individual, during the period described in
paragraph (1)(A)(i)(I), worked as a miner and was exposed to
such number of working level months that the Attorney General
determines, when combined with the exposure of such
individual to radiation through work as a miller, core
driller, or ore transporter during the period described in
paragraph (1)(A)(i)(I), results in such individual being
exposed to a total level of radiation that is greater or
equal to the level of exposure of an individual described in
paragraph (4).''.
(g) Definition of Core Driller.--Section 5(b) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) the term `core driller' means any individual employed
to engage in the act or process of obtaining cylindrical rock
samples of uranium or vanadium by means of a borehole
drilling machine for the purpose of mining uranium or
vanadium.''.
SEC. 3176. EXPANSION OF USE OF AFFIDAVITS IN DETERMINATION OF
CLAIMS; REGULATIONS.
(a) Affidavits.--Section 6(b) is amended by adding at the
end the following:
``(3) Affidavits.--
``(A) Employment history.--For purposes of this Act, the
Attorney General shall accept a written affidavit or
declaration as evidence to substantiate the employment
history of an individual as a miner, miller, core driller, or
ore transporter if the affidavit--
``(i) is provided in addition to other material that may be
used to substantiate the employment history of the
individual;
``(ii) attests to the employment history of the individual;
``(iii) is made subject to penalty for perjury; and
``(iv) is made by a person other than the individual filing
the claim.
``(B) Physical presence in affected area.--For purposes of
this Act, the Attorney General shall accept a written
affidavit or declaration as evidence to substantiate an
individual's physical presence in an affected area during a
period described in section 4(a)(1)(A)(i) or section 4(a)(2)
if the affidavit--
``(i) is provided in addition to other material that may be
used to substantiate the individual's presence in an affected
area during that time period;
``(ii) attests to the individual's presence in an affected
area during that period;
``(iii) is made subject to penalty for perjury; and
``(iv) is made by a person other than the individual filing
the claim.
``(C) Participation at testing site.--For purposes of this
Act, the Attorney General shall accept a written affidavit or
declaration as evidence to substantiate an individual's
participation onsite in a test involving the atmospheric
detonation of a nuclear device if the affidavit--
``(i) is provided in addition to other material that may be
used to substantiate the individual's participation onsite in
a test involving the atmospheric detonation of a nuclear
device;
``(ii) attests to the individual's participation onsite in
a test involving the atmospheric detonation of a nuclear
device;
``(iii) is made subject to penalty for perjury; and
[[Page S3960]]
``(iv) is made by a person other than the individual filing
the claim.''.
(b) Technical and Conforming Amendments.--Section 6 is
amended--
(1) in subsection (b)(2)(C), by striking ``section
4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)'';
(2) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) in the first sentence, by striking ``subsection (a)(1),
(a)(2)(A), or (a)(2)(B) of section 4'' and inserting
``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or
(a)(2)(D) of section 4''; and
(ii) in clause (i), by striking ``subsection (a)(1),
(a)(2)(A), or (a)(2)(B) of section 4'' and inserting
``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or
(a)(2)(D) of section 4''; and
(B) in subparagraph (B), by striking ``section 4(a)(2)(C)''
and inserting ``section 4(a)(2)(E)''; and
(3) in subsection (e), by striking ``subsection (a)(1),
(a)(2)(A), or (a)(2)(B) of section 4'' and inserting
``subsection (a)(1), (a)(2)(A), (a)(2)(B), or (a)(2)(C) of
section 4''.
(c) Regulations.--Section 6(k) is amended 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 2020, the Attorney General shall issue revised
regulations to carry out this Act.''.
SEC. 3177. LIMITATION ON CLAIMS.
(a) Extension of Filing Time.--Section 8(a) is amended--
(1) by striking ``22 years'' and inserting ``19 years'';
and
(2) by striking ``2000'' and inserting ``2020''.
(b) Resubmittal of Claims.--Section 8(b) is amended to read
as follows:
``(b) Resubmittal of Claims.--
``(1) Denied claims.--After the date of enactment of the
Radiation Exposure Compensation Act Amendments of 2020, any
claimant who has been denied compensation under this Act may
resubmit a claim for consideration by the Attorney General in
accordance with this Act not more than three times. Any
resubmittal made before the date of the enactment of the
Radiation Exposure Compensation Act Amendments of 2020 shall
not be applied to the limitation under the preceding
sentence.
``(2) Previously successful claims.--
``(A) In general.--After the date of enactment of the
Radiation Exposure Compensation Act Amendments of 2020, any
claimant who received compensation under this Act may submit
a request to the Attorney General for additional compensation
and benefits. Such request shall contain--
``(i) the claimant's name, social security number, and date
of birth;
``(ii) the amount of award received under this Act before
the date of enactment of the Radiation Exposure Compensation
Act Amendments of 2020;
``(iii) any additional benefits and compensation sought
through such request; and
``(iv) any additional information required by the Attorney
General.
``(B) Additional compensation.--If the claimant received
compensation under this Act before the date of enactment of
the Radiation Exposure Compensation Act Amendments of 2020
and submits a request under subparagraph (A), the Attorney
General shall--
``(i) pay the claimant the amount that is equal to any
excess of--
``(I) the amount the claimant is eligible to receive under
this Act (as amended by the Radiation Exposure Compensation
Act Amendments of 2020); minus
``(II) the aggregate amount paid to the claimant under this
Act before the date of enactment of the Radiation Exposure
Compensation Act Amendments of 2020; and
``(ii) in any case in which the claimant was compensated
under section 4, provide the claimant with medical benefits
under section 4(a)(5).''.
SEC. 3178. ATTORNEY FEES.
Section 9(b)(1) is amended by striking ``2 percent'' and
inserting ``10 percent''.
SEC. 3179. GRANT PROGRAM ON EPIDEMIOLOGICAL IMPACTS OF
URANIUM MINING AND MILLING.
(a) Definitions.--In this section--
(1) the term ``institution of higher education'' has the
meaning given under section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001);
(2) the term ``program'' means the grant program
established under subsection (b); and
(3) the term ``Secretary'' means the Secretary of Health
and Human Services.
(b) Establishment.--The Secretary shall establish a grant
program relating to the epidemiological impacts of uranium
mining and milling. Grants awarded under the program shall be
used for the study of the epidemiological impacts of uranium
mining and milling among non-occupationally exposed
individuals, including family members of uranium miners and
millers.
(c) Administration.--The Secretary shall administer the
program through the National Institute of Environmental
Health Sciences.
(d) Eligibility and Application.--Any institution of higher
education or nonprofit private entity shall be eligible to
apply for a grant. To apply for a grant an eligible
institution or entity shall submit to the Secretary an
application at such time, in such manner, and containing or
accompanied by such information as the Secretary may
reasonably require.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $3,000,000 for
each of fiscal years 2021 through 2023.
SEC. 3179A. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM.
(a) Covered Employees With Cancer.--Section 3621(9) of the
Energy Employees Occupational Illness Compensation Program
Act of 2000 (42 U.S.C. 7384l(9)) is amended by striking
subparagraph (A) and inserting the following:
``(A) An individual with a specified cancer who is a member
of the Special Exposure Cohort, if and only if--
``(i) that individual contracted that specified cancer
after beginning employment at a Department of Energy facility
(in the case of a Department of Energy employee or Department
of Energy contractor employee) or at an atomic weapons
employer facility (in the case of an atomic weapons
employee); or
``(ii) that individual--
``(I) contracted that specified cancer after beginning
employment in a uranium mine or uranium mill described under
section 5(a)(1)(A)(i) of the Radiation Exposure Compensation
Act (42 U.S.C. 2210 note) (including any individual who was
employed in core drilling or the transport of uranium ore or
vanadium-uranium ore from such mine or mill) located in
Colorado, New Mexico, Arizona, Wyoming, South Dakota,
Washington, Utah, Idaho, North Dakota, Oregon, Texas, or any
State the Attorney General makes a determination under
section 5(a)(2) of that Act for inclusion of eligibility
under section 5(a)(1) of that Act; and
``(II) was employed in a uranium mine or uranium mill
described under subclause (I) (including any individual who
was employed in core drilling or the transport of uranium ore
or vanadium-uranium ore from such mine or mill) at any time
during the period beginning on January 1, 1942, and ending on
December 31, 1990.''.
(b) Members of Special Exposure Cohort.--Section 3626 of
the Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384q) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) The Advisory Board on Radiation and Worker Health
under section 3624 shall advise the President whether there
is a class of employees--
``(A) at any Department of Energy facility who likely were
exposed to radiation at that facility but for whom it is not
feasible to estimate with sufficient accuracy the radiation
dose they received; and
``(B) employed in a uranium mine or uranium mill described
under section 5(a)(1)(A)(i) of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) (including any
individual who was employed in core drilling or the transport
of uranium ore or vanadium-uranium ore from such mine or
mill) located in Colorado, New Mexico, Arizona, Wyoming,
South Dakota, Washington, Utah, Idaho, North Dakota, Oregon,
Texas, and any State the Attorney General makes a
determination under section 5(a)(2) of that Act for inclusion
of eligibility under section 5(a)(1) of that Act, at any time
during the period beginning on January 1, 1942, and ending on
December 31, 1990, who likely were exposed to radiation at
that mine or mill but for whom it is not feasible to estimate
with sufficient accuracy the radiation dose they received.'';
and
(2) by striking subsection (b) and inserting the following:
``(b) Designation of Additional Members.--
``(1) Subject to the provisions of section 3621(14)(C), the
members of a class of employees at a Department of Energy
facility, or at an atomic weapons employer facility, may be
treated as members of the Special Exposure Cohort for
purposes of the compensation program if the President, upon
recommendation of the Advisory Board on Radiation and Worker
Health, determines that--
``(A) it is not feasible to estimate with sufficient
accuracy the radiation dose that the class received; and
``(B) there is a reasonable likelihood that such radiation
dose may have endangered the health of members of the class.
``(2) Subject to the provisions of section 3621(14)(C), the
members of a class of employees employed in a uranium mine or
uranium mill described under section 5(a)(1)(A)(i) of the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note)
(including any individual who was employed in core drilling
or the transport of uranium ore or vanadium-uranium ore from
such mine or mill) located in Colorado, New Mexico, Arizona,
Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota,
Oregon, Texas, and any State the Attorney General makes a
determination under section 5(a)(2) of that Act for inclusion
of eligibility under section 5(a)(1) of that Act, at any time
during the period beginning on January 1, 1942, and ending on
December 31, 1990, may be treated as members of the Special
Exposure Cohort for purposes of the compensation program if
the President, upon recommendation of the Advisory Board on
Radiation and Worker Health, determines that--
``(A) it is not feasible to estimate with sufficient
accuracy the radiation dose that the class received; and
``(B) there is a reasonable likelihood that such radiation
dose may have endangered the health of members of the
class.''.
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