[Congressional Record (Bound Edition), Volume 146 (2000), Part 9]
[Senate]
[Pages 12891-12896]
[From the U.S. Government Publishing Office, www.gpo.gov]



         RADIATION EXPOSURE COMPENSATION ACT AMENDMENTS OF 2000

  Mr. BROWNBACK. I ask unanimous consent the Chair lay before the 
Senate a message from the House of Representatives to accompany S. 
1515, an Act to amend the Radiation Exposure Compensation Act, and for 
other purposes.
  There being no objection, the Presiding Officer laid before the 
Senate the following message from the House of Representatives:

       Resolved, That the bill from the Senate (S. 1515) entitled 
     ``An Act to amend the Radiation Exposure Compensation Act, 
     and for other purposes'', do pass with the following 
     amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Radiation Exposure 
     Compensation Act Amendments of 2000''.

     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:
       ``(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),'';

[[Page 12892]]

       (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''; and
       (ii) by striking ``; and if the claimant,'' and all that 
     follows through the end of the paragraph and inserting ``, 
     silicosis, and pneumoconiosis;'';
       (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 two 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.''.
       (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.--

[[Page 12893]]

       ``(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 the enactment of the Radiation Exposure Compensation 
     Act Amendments of 2000, 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 the 
     enactment of the Radiation Exposure Compensation Act 
     Amendments of 2000, 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 2000 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 the 
     enactment of the Radiation Exposure Compensation Act 
     Amendments of 2000''.
       (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 the enactment of the 
     Radiation Exposure Compensation Act Amendments of 2000''.
       (h) Attorney Fees Limitation.--Section 9 of the Radiation 
     Exposure Compensation Act (42 U.S.C. 2210 note) is amended to 
     read as follows:

     ``SEC. 9. ATTORNEY FEES.

       ``(a) General Rule.--Notwithstanding any contract, the 
     representative of an individual may not receive, for services 
     rendered in connection with the claim of an individual under 
     this Act, more than that percentage specified in subsection 
     (b) of a payment made under this Act on such claim.
       ``(b) Applicable Percentage Limitations.--The percentage 
     referred to in subsection (a) is--
       ``(1) 2 percent for the filing of an initial claim; and
       ``(2) 10 percent with respect to--
       ``(A) any claim with respect to which a representative has 
     made a contract for services before the date of the enactment 
     of the Radiation Exposure Compensation Act Amendments of 
     2000; or
       ``(B) a resubmission of a denied claim.
       ``(c) Penalty.--Any such representative who violates this 
     section shall be fined not more than $5,000.''.
       (i) GAO Reports.--
       (1) In general.--Not later than 18 months after the date of 
     the 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.''.

  Mr. HATCH. Mr. President, I am pleased that the Congress is approving 
one of my top legislative priorities, the ``Radiation Exposure 
Compensation Act Amendments of 2000,'' (S. 1515) which will update the 
compensation program Congress enacted a decade ago. The amendments we 
pass tonight will make certain that more Utahns who were exposed to 
radiation during the Cold War can now be granted deserved compensation 
to recognize the injuries and hardship they and their families have 
suffered. It will also streamline the application process, making it 
easier for eligible claimants to qualify.
  Mr. President, we our government can never truly make right the 
unanticipated illness and injury caused by our Nation's nuclear testing 
program. But we should do all we can, and it is my fervent hope these 
amendments show Congress' commitment to righting a wrong in which the 
government played such a substantial role.
  S. 1515 is aimed at improving a program which provides a measure of 
compensation to individuals who have sustained illness due to radiation 
exposure. These are fellow Americans who have suffered terribly from 
cancer and other debilitating diseases resulting from exposure to 
fallout and uranium mining during this narrow period of our history.
  In meetings with constituents over the past several years, I have 
heard

[[Page 12894]]

countless heart-rending stories about the devastating effects families 
have felt due to their exposure to radiation. I recall so vividly one 
young woman in St. George, Utah talking about the ``beautiful sky'' 
that her mother called all the children outside to view, thus exposing 
every family member to radiation. Tragically, many of those family 
members were eventually diagnosed with cancer.
  Through advances in science, we now know so much more about the 
effects of that radiation than we did in the late 1950s and 1960s. In 
fact, we know so much more today than we did in 1990 when Congress 
passed the original compensation program, the Radiation Exposure 
Compensation Act. Our current state of scientific knowledge allows us 
to pinpoint with more accuracy which diseases are reasonably believed 
to be related to radiation exposure, and that is what necessitated the 
legislation we are considering today.
  The RECA amendments of 2000 updates that 1990 law in a number of 
important areas. Let me briefly take this opportunity to summarize the 
improvements to RECA that S. 1515 makes:
  1. It expands the list eligible diseases (leukemia) and other cancers 
eligible for compensation to include: lung; thyroid; breast (male and 
female); esophagus; stomach; pharynx, small intestine; pancreas; bile 
ducts; salivary gland; urinary bladder; brain, colon; ovary; gall 
bladder, or liver in those claimants referred to as ``downwinders'' and 
onsite test participants.
  2. It extends eligibility to other diseases (non-cancers) including 
pulmonary fibrosis, silicosis and pneumoconiosis to millers and miners.
  3. It includes two new counties, Wayne and San Juan, as well as 
several other counties from other states.
  4. It extends eligibility for compensation to include above-ground 
and open-pit uranium mine workers, uranium mill workers, and 
individuals who transported uranium ore. Under the 1990 law, only 
underground miners of uranium were included.
  5. In an important change, it eliminates a distinction between 
smokers and nonsmokers. While I appreciate the concern of government 
officials that smokers who became ill could not reasonably attribute 
that illness to radiation exposure, many constituents have explained to 
me that it was virtually impossible to provide reliable documentation 
about as to whether they had smoked or not. Thus, I insisted in this 
change so that claimants no longer need to prove they were non-smokers. 
For many individuals, this will ease the application process 
immeasurably.
  6. It allows for certified physician/patient written documentation 
and appropriate tests (e.g. CAT scans and MRIs) to be used in the 
verification of a claim. This will also ease the claimant's application 
process tremendously. Before, claimants had to search for specific 
documentation that may have never existed or was disposed of years 
earlier.
  7. In another important provision, these amendments respect Native 
American law in claims processing as it applies to survivor eligibility 
based on law, tradition, and custom of a particular Indian tribe (i.e. 
martial status).
  8. While the bill retains the RECA'90 levels of compensation and does 
not alter the documentation requirements showing that a person was 
present during the atomic testings, at the request of Senator Daschle, 
the bill does extend compensation to a new group of individuals: 
millers (and ore transporters) who are also eligible for $100,000.
  9. In the case of millers, miners, and ore transporters, the bill 
lowers the amount of documented radiation from 200 Working Level Months 
(WLM) to 40 Working Level Months. If a miller or ore transporter 
applies for compensation, their exposure documentation can be either 
proof of 40 WLM or one year documented employment. This is a big 
change, for with RECA 90, millers and ore transporters were not even 
eligible for compensation and miners were required to show proof of 200 
WLMs.
  10. Miners and millers are eligible for compensation if they meet the 
eligibility criteria for lung cancer and chronic lung diseases 
mentioned above in #2. Millers are eligible for compensation if they 
develop renal cancers, chronic renal disease including nephritis and 
kidney tubal tissue injury. The compensation would be $100,000.
  11. Finally, at the suggestion of several Washington County, Utah 
constituents, the bill includes a new grant program that will help with 
early detection, prevention and screening of radiogenic diseases. These 
programs will screen for the early warning signs of cancer, provide 
medical referrals and educate individuals on prevention and treatment 
of radiogenic diseases. The grant program is designed to be available 
to a wide range of community-based groups, including cancer centers, 
hospitals, Veterans Affairs medical centers, community health centers 
and state departments of health.
  I am extremely grateful to the interested and concerned constituents 
who helped in the drafting of the RECA amendments. Many times, their 
heartfelt stories helped lead to provisions in the legislation which 
can only help improve the program. For example, in one meeting on the 
bill held in St. George, Utah, a woman explained to my office that the 
compensation program, while well-intended, could never make families 
who had experienced radiation-caused illness whole again. She expressed 
her feeling that the greater good could come not from compensating 
individuals, but from instituting programs which will help families 
detect potential illness earlier, allowing them to be treated more 
successfully and cost-effectively. From that conversation was born the 
new prevention grant program, which I believe will prove to be 
extremely successful.
  Our nation has a commitment to the thousands who suffered ill-effects 
from radiation exposure during a period of nuclear testing critical to 
our Nation's defense capabilities. I believe we have an obligation to 
those who were injured, especially since they were not adequately 
warned about the potential health hazards involved in their exposure.
  This legislation was made possible by a staunch group of bipartisan 
supporters who have worked several years to see these program 
modernizations through. In particular, I want to thank my colleagues 
from the Beehive State, Representative Chris Cannon, a Judiciary 
Committee member who worked so hard to get this bill through, and 
Senator Bob Bennett, for his support on this measure.
  Likewise, I want to thank a number of other Senators for their help 
in passing this legislation--Senators Ben Nighthorse Campbell, Jon Kyl, 
and Pete Domenici, and Minority Leader Tom Daschle and Senator Jeff 
Bingaman. All of these Senators assisted substantially in developing 
this legislation.
  I would be remiss if I did not thank members of the Senate Judiciary 
Committee, and especially Senator Pat Leahy, for their help and 
cooperation on this issue. And, I want to pay special tribute to my 
counterpart in the House, Chairman Henry Hyde, as well as to 
Representative Lamar Smith, Chairman of the Subcommittee on Immigration 
and Claims.
  Finally, I would also like to thank the ranking member of the House 
Judiciary Committee, Representative John Conyers, Representative Barney 
Frank, and Representative Joe Skeen for their generous support and 
contributions toward the passage of this bill. I would also be remiss 
if I did not mention the contributions made to this bill by Stewart 
Udall, whose substantial work on RECA and these amendments should not 
go unnoticed.
  I want to offer sincere appreciation for the assistance and 
cooperation of key staff, including Cindy Blackston of the House 
Judiciary Committee, Trudy Vincent of Senator Bingaman's staff, Peter 
Hansen and Mark Childress of Senator Daschle's staff, and Ed Pagano of 
Senator Leahy's staff.
  Also, I want to recognize the hard work by my own staff on this 
legislation. I have often thought that the probability of any bill 
passing by unanimous consent is an inverse relationship to the number 
of hours spent developing it. This bill has been a long

[[Page 12895]]

time in development. Dr. Marlon Priest began the research phase for 
this bill over two years ago. Dr. David Russell has brought the 
legislation to its completion. Pattie DeLoatche, Rob Foreman, Shawn 
Bently, Troy Dow, Jeannine Holt, and Patricia Knight have worked 
tirelessly together on behalf of this legislation.
  And last, but not least, I want to thank the many constituents who 
offered helpful suggestions to me as we worked to enact S. 1515. I have 
a tremendous appreciation for their determination, dedication and hard 
work which was such a necessary part of crafting this legislation.
  The Radiation Exposure Compensation Act Amendment of 2000 is an 
important piece of legislation which will speed up the application 
process as well as modernize the criteria for compensation, helping 
thousands of fellow Utahns and other deserving Americans who were 
injured by our nation's nuclear development and testing programs. I am 
hopeful that President Clinton will sign this bipartisan bill into law 
on a priority basis.
  Mr. DASCHLE. Mr. President, I am delighted that the Senate is passing 
S. 1515, the Radiation Exposure Compensation Improvement Act Amendments 
of 2000. I deeply appreciate the hard work of my colleague, Senator 
Hatch, in developing this legislation and bringing it to this point.
  Hundreds of former uranium workers in South Dakota and thousands 
across the nation have developed cancer and other life-threatening 
diseases as a result of their work producing uranium on behalf of the 
United States government. Although the federal government knew that 
this work put the health of these men and women at risk, it failed to 
take appropriate steps to warn or protect them.
  In 1990, Congress passed landmark legislation to compensate these 
individuals. The legislation before us today takes critically-needed 
steps to amend this act to make it easier for victims to apply for and 
receive compensation. It also broadens the availability of compensation 
by updating the list of compensable diseases to take into account the 
latest science and by extending compensation to groups of workers 
excluded from the original law. Most importantly, it makes compensation 
available to workers in all states, including my home state of South 
Dakota. The original law limited compensation to workers in five states 
only, despite the fact that workers in other states faced identical 
circumstances.
  It is critical that we pass this legislation as quickly as possible 
in order to provide these individuals with compensation. Many are sick, 
and unable to afford adequate health insurance. This compensation will 
provide them with vital assistance.
  While I believe we need to send this legislation to the President 
immediately, there is one issue I hope to address as quickly as 
possible. The current version of this legislation sets different 
standards of eligibility for compensation for uranium millers and 
uranium miners. Uranium millers must demonstrate that they worked in a 
mill for a year. However, miners must demonstrate that they were 
exposed to 40 or more working level months of radiation. Given that 
miners' records about their level of exposure have now been lost, or 
were kept inaccurately, I believe we should set the one year standard 
for both categories of workers. Would the Senator from Utah agree at 
the first available opportunity to seek to amend this legislation to 
state that miners must simply demonstrate that they worked in a mine 
for one year to be eligible to receive compensation?
  Mr. HATCH. I agree to work with the Democratic Leader. While we 
cannot afford a delay in sending the current bill to the resident, a 
strong argument can be made that both miners and mill workers should 
have the same standard of eligibility for compensation. I will work 
with the Senator in an expeditious manner to address this issue and 
make any necessary amendment.
  Mr. DASCHLE. I thank my colleague and once again commend him for his 
outstanding work on this issue.
  Mr. LEAHY. Mr. President, I am pleased that the Senate is passing S. 
1515, the Radiation Exposure Compensation Act Amendments of 2000, and 
sending it to President Clinton for his signature into law. I want to 
congratulate the Chairman of the Judiciary Committee, Senator Hatch, 
and the Senator from New Mexico, Senator Bingaman, for their leadership 
on this bill.
  During the Senate Judiciary Committee consideration of this 
legislation last year, I offered an amendment on behalf of Senator 
Bingaman to add the category of renal disease affecting uranium miners 
to the coverage of the Radiation Exposure Compensation Act. I am 
pleased to report that our amendment has been retained in the final 
version of this legislation. I know that Senator Bingaman sought higher 
compensation levels for radiation exposure victims in his original 
legislation, but has agreed to this bipartisan compromise to ensure the 
bill's final passage into law this year and to expedite compensation to 
radiation exposure victims in New Mexico.
  I want to commend Senator Hatch and Senator Bingaman for a job well 
done.
  Mr. BINGAMAN. Mr. President, I rise today with my colleague from 
Utah, Senator Hatch, and others, to recognize we are passing S. 1515, 
which makes long overdue improvements to the Radiation Exposure 
Compensation Act of 1990.
  Mr. President, RECA was originally enacted in 1990 as a means of 
compensating the individuals who suffered from exposure to radiation as 
a result of the U.S. government's nuclear testing program and federal 
uranium mining activities. While the government can never fully 
compensate for the loss of a life or the reduction in the quality of 
life, RECA serves as a cornerstone for the national apology Congress 
extended to those adversely affected by the various radiation 
tragedies. In keeping with the spirit of that apology, the legislation 
the Senate is passing today will further correct existing injustices 
and provide compassionate compensation for those whose lives and health 
were sacrificed as part of our nation's effort to win the Cold War. 
While this bill does not go as far as the bill I originally introduced 
in the Senate this Congress, I am pleased that we have been able to 
take these important steps to begin to compensate our citizens for the 
sacrifices they made.
  During the period of 1947 to 1961, the Federal Government controlled 
all aspects of the production of nuclear fuel. One of these aspects was 
the mining of uranium in New Mexico, Colorado, Arizona, Wyoming and 
Utah. Even though the Federal Government had adequate knowledge of the 
hazards involved in uranium mining, these miners, many of whom were 
Native Americans, were sent into inadequately ventilated mines with 
virtually no instruction regarding the dangers of ionizing radiation. 
These miners had no idea of those dangers. Consequently, they inhaled 
radon particles that eventually yielded substantial doses of ionizing 
radiation. As a result, these miners have a substantially elevated 
cancer rate and incidence of incapacitating respiratory disease. The 
health effects of uranium mining in the fifties and sixties remain the 
single greatest concern of many former uranium miners and millers and 
their families and friends.
  In 1990, I was pleased to co-sponsor the original RECA legislation to 
provide compassionate compensation to uranium miners. I believe that 
our efforts in 1990 were well intentioned but have not proven to be as 
effective as we had hoped in providing redress to those individuals who 
suffered the effects of working in uranium mines or mills or 
transporting the ore. The government has the responsibility to 
compensate all those adversely affected and who have suffered health 
problems because they were not adequately informed of the risks they 
faced while mining, milling, and transporting uranium ore.
  Now we are getting ready to pass this comprehensive amendment to RECA 
to correct omissions, make RECA consistent with current medical 
knowledge, and to address what have become administrative horror 
stories for the claimants. With passage of this bill, we're now a 
Presidential signature

[[Page 12896]]

away from offering compensation to thousands more uranium workers than 
ever.
  Mr. President, the success of this bill is due in large part to Paul 
Hicks, who stood up for uranium workers, and strongly encouraged 
Congress to do the right thing by passing this bill. Paul was President 
of the Uranium Workers of New Mexico, and his passing just two months 
ago makes today's action bittersweet. But I hope his family can take 
comfort in the fact that he made a tremendously positive impact on the 
lives of thousands of uranium workers.
  Mr. President, I am appreciative of all the hard work done on this 
bill by Senator Hatch and others, and I hope the President will sign 
this bill as soon as possible so that justice will be delayed no 
longer.
  Mr. BROWNBACK. I ask unanimous consent that the Senate agree to the 
amendment of the House.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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