[Congressional Record (Bound Edition), Volume 145 (1999), Part 21]
[Senate]
[Pages 30905-30907]
[From the U.S. Government Publishing Office, www.gpo.gov]



         RADIATION EXPOSURE COMPENSATION ACT AMENDMENTS OF 1999

  Ms. COLLINS. Mr. President, I now ask unanimous consent the Senate 
proceed to the consideration of Calendar No. 370, S. 1515.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1515) to amend the Radiation Exposure 
     Compensation Act, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on the Judiciary, with an 
amendment; as follows:
  (The part of the bill intended to be inserted is shown in italic.)

                                S. 1515

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Radiation Exposure 
     Compensation Act Amendments of 1999''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Radiation Exposure Compensation Act (42 U.S.C. 2210 
     note) recognized the responsibility of the Federal Government 
     to compensate individuals who were harmed by the mining of 
     radioactive materials or fallout from nuclear arms testing;
       (2) a congressional oversight hearing conducted by the 
     Committee on Labor and Human Resources of the Senate 
     demonstrated that since enactment of the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note), regulatory burdens 
     have made it too difficult for some deserving individuals to 
     be fairly and efficiently compensated;
       (3) reports of the Atomic Energy Commission and the 
     National Institute for Occupational Safety and Health testify 
     to the need to extend eligibility to States in which the 
     Federal Government sponsored uranium mining and milling from 
     1941 through 1971;
       (4) scientific data resulting from the enactment of the 
     Radiation Exposed Veterans Compensation Act of 1988 (38 
     U.S.C. 101 note), and obtained from the Committee on the 
     Biological Effects of Ionizing Radiations, and the 
     President's Advisory Committee on Human Radiation Experiments 
     provide medical validation for the extension of compensable 
     radiogenic pathologies;
       (5) above-ground uranium miners, millers and individuals 
     who transported ore should be fairly compensated, in a manner 
     similar to that provided for underground uranium miners, in 
     cases in which those individuals suffered disease or 
     resultant death, associated with radiation exposure, due to 
     the failure of the Federal Government to warn and otherwise 
     help protect citizens from the health hazards addressed by 
     the Radiation Exposure Compensation Act of 1990 (42 U.S.C. 
     2210 note); and
       (6) it should be the responsibility of the Federal 
     Government in partnership with State and local governments 
     and appropriate healthcare organizations, to initiate and 
     support programs designed for the early detection, prevention 
     and education on radiogenic diseases in approved States to 
     aid the thousands of individuals adversely affected by the 
     mining of uranium and the testing of nuclear weapons for the 
     Nation's weapons arsenal.

     SEC. 3. AMENDMENTS TO THE RADIATION EXPOSURE COMPENSATION 
                   ACT.

       (a) Claims Relating to Atmospheric Nuclear Testing.--
     Section 4(a)(1) of the Radiation Exposure Compensation Act 
     (42 U.S.C. 2210 note) is amended to read as follows:
       ``(1) Claims relating to leukemia.--
       ``(A) In general.--An individual described in this 
     subparagraph shall receive an amount specified in 
     subparagraph (B) if the conditions described in subparagraph 
     (C) are met. An individual referred to in the preceding 
     sentence is an individual who--
       ``(i)(I) was physically present in an affected area for a 
     period of at least 1 year during the period beginning on 
     January 21, 1951, and ending on October 31, 1958;
       ``(II) was physically present in the affected area for the 
     period beginning on June 30, 1962, and ending on July 31, 
     1962; or
       ``(III) participated onsite in a test involving the 
     atmospheric detonation of a nuclear device; and
       ``(ii) submits written documentation that such individual 
     developed leukemia--

       ``(I) after the applicable period of physical presence 
     described in subclause (I) or (II) of clause (i) or onsite 
     participation described in clause (i)(III) (as the case may 
     be); and
       ``(II) more that 2 years after first exposure to fallout.

       ``(B) Amounts.--If the conditions described in subparagraph 
     (C) are met, an individual--
       ``(i) who is described in subclause (I) or (II) of 
     subparagraph (A)(i) shall receive $50,000; or
       ``(ii) who is described in subclause (III) of subparagraph 
     (A)(i) shall receive $75,000.
       ``(C) Conditions.--The conditions described in this 
     subparagraph are as follows:
       ``(i) Initial exposure occurred prior to age 21.
       ``(ii) The claim for a payment under subparagraph (B) is 
     filed with the Attorney General by or on behalf of the 
     individual.
       ``(iii) The Attorney General determines, in accordance with 
     section 6, that the claim meets the requirements of this 
     Act.''.
       (b) Definitions.--Section 4(b) of the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A) by inserting ``Wayne, San Juan,'' 
     after ``Millard,''; and
       (B) by amending subparagraph (C) to read as follows:

[[Page 30906]]

       ``(C) in the State of Arizona, the counties of Coconino, 
     Yavapai, Navajo, Apache, and Gila; and''; and
       (2) in paragraph (2)--
       (A) by striking ``the onset of the disease was between 2 
     and 30 years of first exposure,'' and inserting ``the onset 
     of the disease was at least 2 years after first exposure, 
     lung cancer (other than in situ lung cancer that is 
     discovered during or after a post-mortem exam),'';
       (B) by striking ``(provided initial exposure occurred by 
     the age of 20)'' after ``thyroid'';
       (C) by inserting ``male or'' before ``female breast'';
       (D) by striking ``(provided initial exposure occurred prior 
     to age 40)'' after ``female breast'';
       (E) by striking ``(provided low alcohol consumption and not 
     a heavy smoker)'' after ``esophagus'';
       (F) by striking ``(provided initial exposure occurred 
     before age 30)'' after ``stomach'';
       (G) by striking ``(provided not a heavy smoker)'' after 
     ``pharynx'';
       (H) by striking ``(provided not a heavy smoker and low 
     coffee consumption)'' after ``pancreas''; and
       (I) by inserting ``salivary gland, urinary bladder, brain, 
     colon, ovary,'' after ``gall bladder,''.
       (c) Claims Relating to Uranium Mining.--
       (1) In general.--Section 5(a) of the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note) is amended to read as 
     follows:
       ``(a) Eligibility of Individuals.--
       ``(1) In general.--An individual shall receive $100,000 for 
     a claim made under this Act if--
       ``(A) that individual--
       ``(i) was employed in a uranium mine or uranium mill 
     (including any individual who was employed in 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, 
     and Texas at any time during the period beginning on January 
     1, 1942, and ending on December 31, 1971; and
       ``(ii)(I) was a miner exposed to 40 or more working level 
     months of radiation and submits written medical documentation 
     that the individual, after that exposure, developed lung 
     cancer or a nonmalignant respiratory disease; or
       ``(II) was a miller or ore transporter who worked for at 
     least 1 year during the period described under clause (i) and 
     submits written medical documentation that the individual, 
     after that exposure, developed lung cancer or a nonmalignant 
     respiratory disease or renal cancers and other chronic renal 
     disease including nephritis and kidney tubal tissue injury;
       ``(B) the claim for that payment is filed with the Attorney 
     General by or on behalf of that individual; and
       ``(C) the Attorney General determines, in accordance with 
     section 6, that the claim meets the requirements of this Act.
       ``(2) Inclusion of additional states.--Paragraph (1)(A)(i) 
     shall apply to a State, in addition to the States named under 
     such clause, if--
       ``(A) an Atomic Energy Commission uranium mine was operated 
     in such State at any time during the period beginning on 
     January 1, 1942, and ending on December 31, 1971;
       ``(B) the State submits an application to the Department of 
     Justice to include such State; and
       ``(C) the Attorney General makes a determination to include 
     such State.
       ``(3) Payment requirement.--Each payment under this section 
     may be made only in accordance with section 6.''.
       (2) Definitions.--Section 5(b) of the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note) is amended--
       (A) in paragraph (3)--
       (i) by striking ``and'' before ``corpulmonale'';
       (ii) by striking ``; and if the claimant,'' and all that 
     follows through the end of the paragraph and inserting ``, 
     silicosis, and pneumoconiosis''; and
       (iii) by striking ``and'' at the end of the paragraph;
       (B) by striking the period at the end of paragraph (4) and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(5) the term `written medical documentation' for purposes 
     of proving a nonmalignant respiratory disease or lung cancer 
     means, in any case in which the claimant is living--
       ``(A)(i) an arterial blood gas study; or
       ``(ii) a written diagnosis by a physician meeting the 
     requirements of subsection (c)(1); and
       ``(B)(i) a chest x-ray administered in accordance with 
     standard techniques and the interpretive reports of a maximum 
     of 2 National Institute of Occupational Health and Safety 
     certified `B' readers classifying the existence of the 
     nonmalignant respiratory disease of category 1/0 or higher 
     according to a 1989 report of the International Labor Office 
     (known as the `ILO'), or subsequent revisions;
       ``(ii) high resolution computed tomography scans (commonly 
     known as `HRCT scans') (including computer assisted 
     tomography scans (commonly known as `CAT scans'), magnetic 
     resonance imaging scans (commonly known as `MRI scans'), and 
     positron emission tomography scans (commonly known as `PET 
     scans')) and interpretive reports of such scans;
       ``(iii) pathology reports of tissue biopsies; or
       ``(iv) pulmonary function tests indicating restrictive lung 
     function, as defined by the American Thoracic Society;
       ``(6) the term `lung cancer'--
       ``(A) means any physiological condition of the lung, 
     trachea, or bronchus that is recognized as lung cancer by the 
     National Cancer Institute; and
       ``(B) includes in situ lung cancers;
       ``(7) the term `uranium mine' means any underground 
     excavation, including `dog holes', as well as open pit, 
     strip, rim, surface, or other aboveground mines, where 
     uranium ore or vanadium-uranium ore was mined or otherwise 
     extracted; and
       ``(8) the term `uranium mill' includes milling operations 
     involving the processing of uranium ore or vanadium-uranium 
     ore, including both carbonate and acid leach plants.''.
       (3) Written documentation.--Section 5 of the Radiation 
     Exposure Compensation Act (42 U.S.C. 2210 note) is amended by 
     adding at the end the following:
       ``(c) Written Documentation.--
       ``(1) Diagnosis alternative to arterial blood gas study.--
       ``(A) In general.--For purposes of this Act, the written 
     diagnosis and the accompanying interpretive reports described 
     in subsection (b)(5)(A) shall--
       ``(i) be considered to be conclusive; and
       ``(ii) be subject to a fair and random audit procedure 
     established by the Attorney General.
       ``(B) Certain written diagnoses.--
       ``(i) In general.--For purposes of this Act, a written 
     diagnosis made by a physician described under clause (ii) of 
     a nonmalignant pulmonary disease or lung cancer of a claimant 
     that is accompanied by written documentation shall be 
     considered to be conclusive evidence of that disease.
       ``(ii) Description of physicians.--A physician referred to 
     under clause (i) is a physician who--

       ``(I) is employed by the Indian Health Service or the 
     Department of Veterans Affairs; or
       ``(II) is a board certified physician; and
       ``(III) has a documented ongoing physician patient 
     relationship with the claimant.

       ``(2) Chest x-rays.--
       ``(A) In general.--For purposes of this Act, a chest x-ray 
     and the accompanying interpretive reports described in 
     subsection (b)(5)(B) shall--
       ``(i) be considered to be conclusive; and
       ``(ii) be subject to a fair and random audit procedure 
     established by the Attorney General.
       ``(B) Certain written diagnoses.--
       ``(i) In general.--For purposes of this Act, a written 
     diagnosis made by a physician described in clause (ii) of a 
     nonmalignant pulmonary disease or lung cancer of a claimant 
     that is accompanied by written documentation that meets the 
     definition of that term under subsection (b)(5) shall be 
     considered to be conclusive evidence of that disease.
       ``(ii) Description of physicians.--A physician referred to 
     under clause (i) is a physician who--

       ``(I) is employed by--

       ``(aa) the Indian Health Service; or
       ``(bb) the Department of Veterans Affairs; and

       ``(II) has a documented ongoing physician patient 
     relationship with the claimant.''.

       (d) Determination and Payment of Claims.--
       (1) Filing procedures.--Section 6(a) of the Radiation 
     Exposure Compensation Act (42 U.S.C. 2210 note) is amended by 
     adding at the end the following: ``In establishing procedures 
     under this subsection, the Attorney General shall take into 
     account and make allowances for the law, tradition, and 
     customs of Indian tribes (as that term is defined in section 
     5(b)) and members of Indian tribes, to the maximum extent 
     practicable.''.
       (2) Determination and payment of claims, generally.--
     Section 6(b)(1) of the Radiation Exposure Compensation Act 
     (42 U.S.C. 2210 note) is amended by adding at the end the 
     following: ``All reasonable doubt with regard to whether a 
     claim meets the requirements of this Act shall be resolved in 
     favor of the claimant.''.
       (3) Offset for certain payments.--Section 6(c)(2)(B) of the 
     Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is 
     amended--
       (A) in clause (i), by inserting ``(other than a claim for 
     workers' compensation)'' after ``claim''; and
       (B) in clause (ii), by striking ``Federal Government'' and 
     inserting ``Department of Veterans Affairs''.
       (4) Application of native american law to claims.--Section 
     6(c)(4) of the Radiation Exposure Compensation Act (42 U.S.C. 
     2210 note) is amended by adding at the end the following:
       ``(D) Application of native american law.--In determining 
     those individuals eligible to receive compensation by virtue 
     of marriage, relationship, or survivorship, such 
     determination shall take into consideration and give effect 
     to established law, tradition, and custom of the particular 
     affected Indian tribe.''.

[[Page 30907]]

       (5) Action on claims.--Section 6(d) of the Radiation 
     Exposure Compensation Act (42 U.S.C. 2210 note) is amended--
       (A) by inserting ``(1) In general.--'' before ``The 
     Attorney General'';
       (B) by inserting at the end the following: ``For purposes 
     of determining when the 12-month period ends, a claim under 
     this Act shall be deemed filed as of the date of its receipt 
     by the Attorney General. In the event of the denial of a 
     claim, the claimant shall be permitted a reasonable period in 
     which to seek administrative review of the denial by the 
     Attorney General. The Attorney General shall make a final 
     determination with respect to any administrative review 
     within 90 days after the receipt of the claimant's request 
     for such review. In the event the Attorney General fails to 
     render a determination within 12 months after the date of the 
     receipt of such request, the claim shall be deemed awarded as 
     a matter of law and paid.''; and
       (C) by adding at the end the following:
       ``(2) Additional information.--The Attorney General may 
     request from any claimant under this Act, or from any 
     individual or entity on behalf of any such claimant, any 
     reasonable additional information or documentation necessary 
     to complete the determination on the claim in accordance with 
     the procedures established under subsection (a).
       ``(3) Treatment of period associated with request.--
       ``(A) In general.--The period described in subparagraph (B) 
     shall not apply to the 12-month limitation under paragraph 
     (1).
       ``(B) Period.--The period described in this subparagraph is 
     the period--
       ``(i) beginning on the date on which the Attorney General 
     makes a request for additional information or documentation 
     under paragraph (2); and
       ``(ii) ending on the date on which the claimant or 
     individual or entity acting on behalf of that claimant 
     submits that information or documentation or informs the 
     Attorney General that it is not possible to provide that 
     information or that the claimant or individual or entity will 
     not provide that information.
       ``(4) Payment within 6 weeks.--The Attorney General shall 
     ensure that an approved claim is paid not later than 6 weeks 
     after the date on which such claim is approved.
       ``(5) Native american considerations.--Any procedures under 
     this subsection shall take into consideration and 
     incorporate, to the fullest extent feasible, Native American 
     law, tradition, and custom with respect to the submission and 
     processing of claims by Native Americans.''.
       (e) Regulations.--
       (1) In general.--Section 6(i) of the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note) 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 1999, the Attorney General shall issue revised 
     regulations to carry out this Act.''.
       (2) Affidavits.--
       (A) In general.--The Attorney General shall take such 
     action as may be necessary to ensure that the procedures 
     established by the Attorney General under section 6 of the 
     Radiation Exposure Compensation Act (42 U.S.C. 2210 note) 
     provide that, in addition to any other material that may be 
     used to substantiate employment history for purposes of 
     determining working level months, an individual filing a 
     claim under those procedures may make such a substantiation 
     by means of an affidavit described in subparagraph (B).
       (B) Affidavits.--An affidavit referred to under 
     subparagraph (A) is an affidavit--
       (i) that meets such requirements as the Attorney General 
     may establish; and
       (ii) is made by a person other than the individual filing 
     the claim that attests to the employment history of the 
     claimant.
       (f) Limitations on Claims.--Section 8 of the Radiation 
     Exposure Compensation Act (42 U.S.C. 2210 note) is amended--
       (1) by inserting ``(a) In General.--'' before ``A claim''; 
     and
       (2) by adding at the end the following:
       ``(b) Resubmittal of Claims.--After the date of enactment 
     of the Radiation Exposure Compensation Act Amendments of 
     1999, 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 3 
     times. Any resubmittal made before the date of enactment of 
     the Radiation Exposure Compensation Act Amendments of 1999 
     shall not be applied to the limitation under the preceding 
     sentence.''.
       (g) Extension of Claims and Fund.--
       (1) Extension of claims.--Section 8 of the Radiation 
     Exposure Compensation Act (42 U.S.C. 2210 note) is amended by 
     striking ``20 years after the date of the enactment of this 
     Act'' and inserting ``22 years after the date of enactment of 
     the Radiation Exposure Compensation Act Amendments of 1999''.
       (2) Extension of fund.--Section 3(d) of the Radiation 
     Exposure Compensation Act (42 U.S.C. 2210 note) is amended in 
     the first sentence by striking ``date of the enactment of 
     this Act'' and inserting ``date of enactment of the Radiation 
     Exposure Compensation Act Amendments of 1999''.
       (h) Attorney Fees Limitations.--Section 9 of the Radiation 
     Exposure Compensation Act (42 U.S.C. 2210 note) is amended in 
     the first sentence by striking ``10 per centum'' and 
     inserting ``2 percent''.
       (i) GAO Reports.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, and every 18 months thereafter, the 
     General Accounting Office shall submit a report to Congress 
     containing a detailed accounting of the administration of the 
     Radiation Exposure Compensation Act (42 U.S.C. 2210 note) by 
     the Department of Justice.
       (2) Contents.--Each report submitted under this subsection 
     shall include an analysis of--
       (A) claims, awards, and administrative costs under the 
     Radiation Exposure Compensation Act (42 U.S.C. 2210 note); 
     and
       (B) the budget of the Department of Justice relating to 
     such Act.

     SEC. 4. ESTABLISHMENT OF PROGRAM OF GRANTS TO STATES FOR 
                   EDUCATION, PREVENTION, AND EARLY DETECTION OF 
                   RADIOGENIC CANCERS AND DISEASES.

       Subpart I of part C of title IV of the Public Health 
     Service Act (42 U.S.C. 285 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 417C. GRANTS FOR EDUCATION, PREVENTION, AND EARLY 
                   DETECTION OF RADIOGENIC CANCERS AND DISEASES.

       ``(a) Definition.--In this section the term `entity' means 
     any--
       ``(1) National Cancer Institute-designated cancer center;
       ``(2) Department of Veterans Affairs hospital or medical 
     center;
       ``(3) Federally Qualified Health Center, community health 
     center, or hospital;
       ``(4) agency of any State or local government, including 
     any State department of health; or
       ``(5) nonprofit organization.
       ``(b) In General.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration in consultation with the Director of the 
     National Institutes of Health and the Director of the Indian 
     Health Service, may make competitive grants to any entity for 
     the purpose of carrying out programs to--
       ``(1) screen individuals described under section 
     4(a)(1)(A)(i) or 5(a)(1)(A) of the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note) for cancer as a 
     preventative health measure;
       ``(2) provide appropriate referrals for medical treatment 
     of individuals screened under paragraph (1) and to ensure, to 
     the extent practicable, the provision of appropriate follow-
     up services;
       ``(3) develop and disseminate public information and 
     education programs for the detection, prevention, and 
     treatment of radiogenic cancers and diseases; and
       ``(4) facilitate putative applicants in the documentation 
     of claims as described in section 5(a) of the Radiation 
     Exposure Compensation Act (42 U.S.C. 2210 note).
       ``(c) Indian Health Service.--The programs under subsection 
     (a) shall include programs provided through the Indian Health 
     Service or through tribal contracts, compacts, grants, or 
     cooperative agreements with the Indian Health Service and 
     which are determined appropriate to raising the health status 
     of Indians.
       ``(d) Grant and Contract Authority.--Entities receiving a 
     grant under subsection (b) may expend the grant to carry out 
     the purpose described in such subsection.
       ``(e) Health Coverage Unaffected.--Nothing in this section 
     shall be construed to affect any coverage obligation of a 
     governmental or private health plan or program relating to an 
     individual referred to under subsection (b)(1).
       ``(f) Report to Congress.--Beginning on October 1 of the 
     year following the date on which amounts are first 
     appropriated to carry out this section and annually on each 
     October 1 thereafter, the Secretary shall submit a report to 
     the Committee on the Judiciary and the Committee on Health, 
     Education, Labor, and Pensions of the Senate and to the 
     Committee on the Judiciary and the Committee on Commerce of 
     the House of Representatives. Each report shall summarize the 
     expenditures and programs funded under this section as the 
     Secretary determines to be appropriate.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated for the purpose of carrying out 
     this section $20,000,000 for fiscal year 1999 and such sums 
     as may be necessary for each of the fiscal years 2000 through 
     2009.''.

  Ms. COLLINS. I ask unanimous consent the committee substitute 
amendment be agreed to, the bill be read the third time and passed, the 
motion to reconsider be laid upon the table, and any statements related 
to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1515), as amended, was read the third time and passed.




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