Home > 106th Congressional Bills > S. 1515 (enr) To amend the Radiation Exposure Compensation Act, and for other purposes. [Enrolled bill] ...

S. 1515 (enr) To amend the Radiation Exposure Compensation Act, and for other purposes. [Enrolled bill] ...


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106th CONGRESS

  2d Session

                                S. 1515

_______________________________________________________________________

                               AMENDMENT
                In the House of Representatives, U. S.,

                                                         June 27, 2000.

    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),'';
                    (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--

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