[106th Congress Public Law 245]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ245.106]
[[Page 114 STAT. 501]]
Public Law 106-245
106th Congress
An Act
To amend the Radiation Exposure Compensation Act, and for other
purposes. <<NOTE: July 10, 2000 - [S. 1515]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Radiation
Exposure Compensation Act Amendments of 2000.>>
SECTION 1. <<NOTE: 42 USC 2011 note.>> SHORT TITLE.
This Act may be cited as the ``Radiation Exposure Compensation Act
Amendments of 2000''.
SEC. 2. <<NOTE: 42 USC 2210 note.>> 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
[[Page 114 STAT. 502]]
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 114 STAT. 503]]
``(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.
[[Page 114 STAT. 504]]
``(2) Inclusion <<NOTE: Applicability.>> 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
[[Page 114 STAT. 505]]
``(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
[[Page 114 STAT. 506]]
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. <<NOTE: Deadline.>> 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--
[[Page 114 STAT. 507]]
``(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 <<NOTE: Deadline.>> 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) <<NOTE: 42 USC 2210 note.>> 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
[[Page 114 STAT. 508]]
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 <<NOTE: 42 USC 2210 note.>> Reports.--
(1) In <<NOTE: Deadline.>> 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 <<NOTE: 42 USC 285a-9.>> 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;
[[Page 114 STAT. 509]]
``(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 <<NOTE: Effective date.>> 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.
[[Page 114 STAT. 510]]
``(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.''.
Approved July 10, 2000.
LEGISLATIVE HISTORY--S. 1515:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 106-697 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 145 (1999):
Nov. 19, considered and passed
Senate.
Vol. 146 (2000):
June 27, considered and passed
House, amended.
June 28, Senate concurred in House
amendment.
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