PUBLIC LAW 106–245—JULY 10, 2000 114 STAT. 501

Public Law 106–245

106th Congress

An Act

To amend the Radiation Exposure Compensation Act, and for other purposes.

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 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

42 USC 2210

note.

42 USC 2011

note.

Radiation

Exposure

Compensation

Act Amendments

of 2000.

July 10, 2000

[S. 1515]

114 STAT. 502 PUBLIC LAW 106–245—JULY 10, 2000

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:

PUBLIC LAW 106–245—JULY 10, 2000 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.

114 STAT. 504 PUBLIC LAW 106–245—JULY 10, 2000

‘‘(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

Applicability.

PUBLIC LAW 106–245—JULY 10, 2000 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

114 STAT. 506 PUBLIC LAW 106–245—JULY 10, 2000

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.—

‘‘(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—

Deadline.

PUBLIC LAW 106–245—JULY 10, 2000 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 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

42 USC 2210

note.

Deadline.

114 STAT. 508 PUBLIC LAW 106–245—JULY 10, 2000

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;

42 USC 285a–9.

Deadline.

42 USC 2210

note.

PUBLIC LAW 106–245—JULY 10, 2000 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 followup 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.

Effective date.

114 STAT. 510 PUBLIC LAW 106–245—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.

Æ

‘‘(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.