II

106TH CONGRESS

1ST SESSION S. 367

To amend the Radiation Exposure Compensation Act to provide for partial

restitution to individuals who worked in uranium mines, mills, or transport which provided uranium for the use and benefit of the United

States Government, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 4, 1999

Mr. BINGAMAN (for himself and Mr. DASCHLE) introduced the following bill;

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To amend the Radiation Exposure Compensation Act to provide for partial restitution to individuals who worked

in uranium mines, mills, or transport which provided

uranium for the use and benefit of the United States

Government, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; FINDINGS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Radiation Exposure Compensation Improvement Act of

6 1999’’.

7 (b) FINDINGS.—Congress finds the following:
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1 (1) The intent of the Radiation Exposure Com2 pensation Act (42 U.S.C. 2210 note), enacted in

3 1990, was to apologize to victims of the weapons

4 program of the Federal Government, but uranium

5 workers who have applied for compensation under

6 the Act have faced a disturbing number of chal7 lenges.

8 (2) The congressional oversight hearing con9 ducted by the Committee on Labor and Human Re10 sources of the Senate has shown that since passage

11 of the Radiation Exposure Compensation Act,

12 former uranium workers and their families have not

13 received prompt and efficient compensation.

14 (3) There is no plausible justification for the

15 Federal Government’s failure to warn and protect

16 the lives and health of uranium workers.

17 (4) Progress on implementing the Radiation

18 Exposure Compensation Act has been impeded by

19 criteria for compensation that is far more stringent

20 than for other groups for which compensation is pro21 vided.

22 (5) The President’s Advisory Committee on

23 Human Radiation Experiments recommended that

24 amendments to the Radiation Exposure Compensa25 tion should be made.
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1 (6) Uranium millers, aboveground miners, and

2 individuals who transported uranium ore should be

3 provided compensation that is similar to that pro4 vided for underground uranium miners in cases in

5 which those individuals suffered disease or resultant

6 death as a result of the failure of the Federal Gov7 ernment to warn of health hazards.

8 SEC. 2. TRUST FUND.

9 Section 3(d) of the Radiation Exposure Compensa10 tion Act (42 U.S.C. 2210 note) is amended by striking

11 ‘‘of this Act’’ and inserting ‘‘of the Radiation Exposure

12 Compensation Improvement Act of 1999.’’

13 SEC. 3. AFFECTED AREA; CLAIMS RELATING TO SPECIFIED

14 DISEASES.

15 (a) AFFECTED AREA.—Section 4(b)(1) of the Radi16 ation Exposure Compensation Act (42 U.S.C. 2210 note)

17 is amended—

18 (1) by striking ‘‘and’’ at the end of subpara19 graph (B); and

20 (2) by adding at the end the following:

21 ‘‘(D) those parts of Arizona, Utah, and

22 New Mexico comprising the Navajo Nation Res23 ervation that were subjected to fallout from nu24 clear weapons testing conducted in Nevada;

25 and’’.
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1 (b) CLAIMS RELATING TO SPECIFIED DISEASES.—

2 Section 4(b)(2) of the Radiation Exposure Compensation

3 Act (42 U.S.C. 2210 note) is amended—

4 (1) by striking ‘‘the onset of the disease was be5 tween 2 and 30 years of first exposure,’’ and insert6 ing ‘‘the onset of the disease was at least 2 years

7 after first exposure, lung cancer (other than in situ

8 lung cancer that is discovered during or after a post9 mortem exam),’’;

10 (2) by striking ‘‘(provided initial exposure oc11 curred by the age of 20)’’ after ‘‘thyroid’’;

12 (3) by inserting ‘‘male or’’ before ‘‘female

13 breast’’;

14 (4) by striking ‘‘(provided initial exposure oc15 curred prior to age 40)’’ after ‘‘female breast’’;

16 (5) by striking ‘‘(provided low alcohol consump17 tion and not a heavy smoker)’’ after ‘‘esophagus’’;

18 (6) by striking ‘‘(provided initial exposure oc19 curred before age 30)’’ after ‘‘stomach’’;

20 (7) by striking ‘‘(provided not a heavy smoker)’’

21 after ‘‘pharynx’’;

22 (8) by striking ‘‘(provided not a heavy smoker

23 and low coffee consumption)’’ after ‘‘pancreas’’;

24 (9) by inserting ‘‘salivary gland, urinary blad25 der, brain, colon, ovary,’’ after ‘‘gall bladder,’’; and
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1 (10) by inserting before the period at the end

2 the following: ‘‘, and chronic lymphocytic leukemia’’.

3 SEC. 4. URANIUM MINING AND MILLING AND TRANSPORT.

4 (a) AMENDMENT TO HEADING.—Section 5 of the Ra5 diation Exposure Compensation Act (42 U.S.C. 2210

6 note) is amended by striking the section heading and in7 serting the following:

8 ‘‘SEC. 5. CLAIMS RELATING TO URANIUM MINING OR MILL9 ING OR TRANSPORT.’’.

10 (b) MILLING.—Section 5(a) of the Radiation Expo11 sure Compensation Act (42 U.S.C. 2210 note) is

12 amended—

13 (1) by striking ‘‘Any’’ and inserting ‘‘Any indi14 vidual who was employed to transport or handle ura15 nium ore or any’’; and

16 (2) by inserting ‘‘or in any other State in which

17 uranium was mined, milled, or transported’’ after

18 ‘‘Utah’’.

19 (c) MINES.—Section 5(a) of the Radiation Exposure

20 Compensation Act (42 U.S.C. 2210 note), as amended by

21 subsection (a) of this section, is amended by striking ‘‘a

22 uranium mine’’ and inserting ‘‘a uranium mine (including

23 a mine located aboveground or an open pit mine in which

24 uranium miners worked, or a uranium mill)’’.
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1 (d) DATES.—Section 5(a) of the Radiation Exposure

2 Compensation Act (42 U.S.C. 2210 note), as amended by

3 subsections (b) and (c) of this section, is amended by

4 striking ‘‘January 1, 1947, and ending on December 31,

5 1971’’ and inserting ‘‘January 1, 1942, and ending on De6 cember 31, 1990’’.

7 (e) AMENDMENT OF PERIOD OF EXPOSURE; EXPAN8 SION OF COVERAGE; INCREASE IN COMPENSATION

9 AWARDS; AND REMOVAL OF SMOKING DISTINCTION.—

10 Section 5(a) of the Radiation Exposure Compensation Act

11 (42 U.S.C. 2210 note), as amended by subsections (b)

12 through (d) of this section, is amended—

13 (1) by striking paragraph (1) and all that fol14 lows through the end of the subsection and inserting

15 the following:

16 ‘‘(2) COMPENSATION.—Any individual shall re17 ceive $200,000 for a claim made under this Act if—

18 ‘‘(A) that individual—

19 ‘‘(i) was exposed to 40 or more work20 ing level months of radiation and submits

21 written medical documentation that the in22 dividual, after exposure developed—

23 ‘‘(I) lung cancer,

24 ‘‘(II) a nonmalignant respiratory

25 disease, or
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1 ‘‘(III) any other medical condi2 tion associated with uranium mining

3 or milling, or

4 ‘‘(ii) worked in uranium mining, mill5 ing, or transport for a period of at least 1

6 year and submits written medical docu7 mentation that the individual, after expo8 sure, developed—

9 ‘‘(I) lung cancer,

10 ‘‘(II) a nonmalignant respiratory

11 disease, or

12 ‘‘(III) any other medical condi13 tion associated with uranium mining,

14 milling, or transport,

15 ‘‘(B) the claim for that payment is filed

16 with the Attorney General by or on behalf of

17 that individual, and

18 ‘‘(C) the Attorney General determines, in

19 accordance with section 6, that the claim meets

20 the requirements of this Act.’’.

21 (2) by striking ‘‘(a) ELIGIBILITY OF INDIVID22 UALS.—Any’’ and inserting the following: ‘‘(a) ELI23 GIBILITY.—

24 ‘‘(1) IN GENERAL.—Any’’; and
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1 (3) in paragraph (1), as so designated, by strik2 ing the dash at the end and inserting a period.

3 (f) CLAIMS RELATED TO HUMAN RADIATION EX4 PERIMENTATION AND DEATH RESULTING FROM CAUSE

5 OTHER THAN RADIATION.—Section 5 of the Radiation

6 Exposure Compensation Act (42 U.S.C. 2210 note) is

7 amended—

8 (1) by redesignating subsection (b) as sub9 section (d); and

10 (2) by inserting after subsection (a) the follow11 ing:

12 ‘‘(b) CLAIMS RELATING TO HUMAN USE RESEARCH

13 AND DEATH RESULTING FROM NONRADIOLOGICAL

14 CAUSES.—

15 ‘‘(1) IN GENERAL.—

16 ‘‘(A) PAYMENT.—Any individual described

17 in subparagraph (B) shall receive $50,000 if—

18 ‘‘(i) a claim for that payment is filed

19 with the Attorney General by or on behalf

20 of that individual; and

21 ‘‘(ii) the Attorney General determines,

22 in accordance with section 6, that the

23 claim meets the requirements of this Act.
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1 ‘‘(B) DESCRIPTION OF INDIVIDUALS.—An

2 individual described in this subparagraph is an

3 individual who—

4 ‘‘(i) was employed in a uranium min5 ing, milling, or transport within any State

6 referred to in subsection (a) at any time

7 during the period referred to in that sub8 section, and

9 ‘‘(ii)(I) in the course of that employ10 ment, without the individual’s knowledge

11 or informed consent, was intentionally ex12 posed to radiation for purposes of testing,

13 research, study, or experimentation by the

14 Federal Government (including any agency

15 of the Federal Government) to determine

16 the effects of that exposure on the human

17 body; or

18 ‘‘(II) in the course of or arising out of

19 the individual’s employment, suffered

20 death, that, because the individual or the

21 estate of the individual was barred from

22 pursuing recovery under a worker’s com23 pensation system or civil action available to

24 similarly situated employees of mines or
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1 mills that are not uranium mines or mills,

2 is not otherwise—

3 ‘‘(aa) compensable under sub4 section (a); or

5 ‘‘(bb) redressable.

6 ‘‘(2) PAYMENTS.—Payments under this sub7 section may be made only in accordance with section

8 6.’’.

9 (g) OTHER INJURY OR DISABILITY.—Section 5 of the

10 Radiation Exposure Compensation Act (42 U.S.C. 2210

11 note), as amended by subsection (f) of this section, is

12 amended by adding after subsection (b) the following:

13 ‘‘(c) OTHER INJURY OR DISABILITY.—

14 ‘‘(1) IN GENERAL.—

15 ‘‘(A) PAYMENT.—Any individual described

16 in subparagraph (B) shall receive $20,000 if—

17 ‘‘(i) a claim for that payment is filed

18 with the Attorney General by or on behalf

19 of that individual; and

20 ‘‘(ii) the Attorney General determines,

21 in accordance with section 6, that the

22 claim meets the requirements of this Act.

23 ‘‘(B) DESCRIPTION OF INDIVIDUALS.—An

24 individual described in this subparagraph is an

25 individual who—
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1 ‘‘(i) was employed in a uranium mine

2 or mill or transported uranium ore within

3 any State referred to in subsection (a) at

4 any time during the period referred to in

5 that subsection; and

6 ‘‘(ii) submits written medical docu7 mentation that individual suffered injury

8 or disability, arising out of or in the course

9 of the individual’s employment that, be10 cause the individual or the estate of the in11 dividual was barred from pursuing recov12 ery under a worker’s compensation system

13 or civil action available to similarly situ14 ated employees of mines or mills that are

15 not uranium mines or mills, is not

16 otherwise—

17 ‘‘(I) compensable under sub18 section (a); or

19 ‘‘(II) redressable.

20 ‘‘(2) PAYMENTS.—Payments under this sub21 section may be made only in accordance with section

22 6.’’.

23 (h) DEFINITIONS.—Subsection (d) of section 5 of the

24 Radiation Exposure Compensation Act (42 U.S.C. 2210
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1 note), as redesignated by subsection (f) of this section, is

2 amended—

3 (1) in paragraph (1)—

4 (A) by striking ‘‘radiation exposure’’ and

5 inserting ‘‘exposure to radon and radon prog6 eny’’; and

7 (B) by inserting ‘‘based on a 6-day work8 week,’’ after ‘‘every work day for a month,’’;

9 (2) by striking paragraph (2) and inserting the

10 following:

11 ‘‘(2) the term ‘affected Indian tribe’ means any

12 Indian tribe, band, nation, pueblo, or other orga13 nized group or community, that is recognized as eli14 gible for special programs and services provided by

15 the United States to Indian tribes because of their

16 status as Native Americans, whose people engaged

17 in uranium mining or milling or were employed

18 where uranium mining or milling was conducted;’’;

19 (3) by striking paragraphs (3) and (4); and

20 (4) by adding at the end the following:

21 ‘‘(3) the term ‘course of employment’ means—

22 ‘‘(A) any period of employment in a ura23 nium mine or uranium mill before or after De24 cember 31, 1971, or
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1 ‘‘(B) the cumulative period of employment

2 in both a uranium mine and uranium mill in

3 any case in which an individual was employed

4 in both a uranium mine and a uranium mill;

5 ‘‘(4) the term ‘lung cancer’ means any physio6 logical condition of the lung, trachea, and bronchus

7 that is recognized under that name or nomenclature

8 by the National Cancer Institute, including any in

9 situ cancer;

10 ‘‘(5) the term ‘nonmalignant respiratory dis11 ease’ means fibrosis of the lung, pulmonary fibrosis,

12 corpulmonale related to pulmonary fibrosis, or mod13 erate or severe silicosis or pneumoconiosis;

14 ‘‘(6) the term ‘other medical condition associ15 ated with uranium mining, milling, or uranium

16 transport’ means any medical condition associated

17 with exposure to radiation, heavy metals, chemicals,

18 or other toxic substances to which miners and mil19 lers are exposed in the mining and milling of ura20 nium;

21 ‘‘(7) the term ‘uranium mill’ includes milling

22 operations involving the processing of uranium ore

23 or vanadium-uranium ore, including carbonate and

24 acid leach plants;
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1 ‘‘(8) the term ‘uranium transport’ means

2 human physical contact involved in moving uranium

3 ore from 1 site to another, including mechanical con4 veyance, physical shoveling, or driving a vehicle;

5 ‘‘(9) the term ‘uranium mine’ means any under6 ground excavation, including dog holes, open pit,

7 strip, rim, surface, or other aboveground mines,

8 where uranium ore or vanadium-uranium ore was

9 mined or otherwise extracted;

10 ‘‘(10) the term ‘working level’ means the con11 centration of the short half-life daughters (known as

‘progeny’) of radon that will release (1.3 x 105 12 ) mil13 lion electron volts of alpha energy per liter of air;

14 and

15 ‘‘(11) the term ‘written medical documentation’

16 for purposes of proving a nonmalignant respiratory

17 disease means, in any case in which the claimant is

18 living—

19 ‘‘(A) a chest x-ray administered in accord20 ance with standard techniques and the interpre21 tive reports thereof by 2 certified ‘B’ readers

22 classifying the existence of the nonmalignant

23 respiratory disease of category 1/0 or higher ac24 cording to a 1989 report of the International
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1 Labour Office (known as the ‘ILO’), or subse2 quent revisions;

3 ‘‘(B) a high resolution computed tomog4 raphy scan (commonly known as an ‘HCRT

5 scan’) and any interpretive report for that scan;

6 ‘‘(C) a pathology report of a tissue biopsy;

7 ‘‘(D) a pulmonary function test indicating

8 restrictive lung function (as defined by the

9 American Thoracic Society); or

10 ‘‘(E) an arterial blood gas study.’’.

11 SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS.

12 (a) DETERMINATION AND PAYMENT OF CLAIMS,

13 GENERALLY.—Section 6 of the Radiation Exposure Com14 pensation Act (42 U.S.C. 2210 note) is amended—

15 (1) in subsection (b)—

16 (A) in paragraph (1), by adding at the end

17 the following: ‘‘All reasonable doubt with regard

18 to whether a claim meets the requirements of

19 this Act shall be resolved in favor of the claim20 ant.’’;

21 (B) by redesignating paragraph (2) as

22 paragraph (5); and

23 (C) by inserting after paragraph (1) the

24 following:
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1 ‘‘(2) EVIDENCE.—In support of a claim for

2 compensation under section 5, the Attorney General

3 shall permit the introduction of, and a claimant may

4 use and rely upon, affidavits and other documentary

5 evidence, including medical evidence, to the same ex6 tent as permitted by the Federal Rules of Evidence.

7 ‘‘(3) INTERPRETATION OF CHEST X-RAYS.—For

8 purposes of this Act, a chest x-ray and the accom9 panying interpretive report required in support of a

10 claim under section 5(a), shall—

11 ‘‘(A) be considered to be conclusive, and

12 ‘‘(B) be subject to a fair and random audit

13 procedure established by the Attorney General.

14 ‘‘(4) CERTAIN WRITTEN DIAGNOSES.—

15 ‘‘(A) IN GENERAL.—For purposes of this

16 Act, in any case in which a written diagnosis is

17 made by a physician described in subparagraph

18 (B) of a nonmalignant pulmonary disease or

19 lung cancer of a claimant that is accompanied

20 by written medical documentation that meets

21 the definition of that term under subsection

22 (b)(11), that written diagnosis shall be consid23 ered to be conclusive evidence of that disease.
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1 ‘‘(B) DESCRIPTION OF PHYSICIANS.—A

2 physician described in this subparagraph is a

3 physician who—

4 ‘‘(i) is employed by—

5 ‘‘(I) the Indian Health Service of

6 the Department of Health and

7 Human Services, or

8 ‘‘(II) the Department of Veterans

9 Affairs, and

10 ‘‘(ii) is responsible for examining or

11 treating the claimant involved.’’;

12 (2) in subsection (c)(2)—

13 (A) in subparagraph (A)(ii), by striking

14 ‘‘in a uranium mine’’ and inserting ‘‘in uranium

15 mining, milling, or transport’’; and

16 (B) in subparagraph (B)(ii), by striking

17 ‘‘by the Federal Government’’ and inserting

18 ‘‘through the Department of Veterans Affairs’’;

19 (3) in subsection (d)—

20 (A) by striking ‘‘(d) ACTION ON CLAIMS.—

21 The Attorney General’’ and inserting the follow22 ing:

23 ‘‘(d) ACTION ON CLAIMS.—

24 ‘‘(1) IN GENERAL.—The Attorney General’’;

25 and
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1 (B) by adding at the end the following:

2 ‘‘(2) DETERMINATION OF PERIOD.—For pur3 poses of determining the tolling of the 12-month pe4 riod under paragraph (1), a claim under this Act

5 shall be considered to have been filed as of the date

6 of the receipt of that claim by the Attorney General.

7 ‘‘(3) ADMINISTRATIVE REVIEW.—If the Attor8 ney General denies a claim referred to in paragraph

9 (1), the claimant shall be permitted a reasonable pe10 riod of time in which to seek administrative review

11 of the denial by the Attorney General.

12 ‘‘(4) FINAL DETERMINATION.—The Attorney

13 General shall make a final determination with re14 spect to any administrative review conducted under

15 paragraph (3) not later than 90 days after the re16 ceipt of the claimant’s request for that review.

17 ‘‘(5) EFFECT OF FAILURE TO RENDER A DE18 TERMINATION.—If the Attorney General fails to

19 render a determination during the 12-month period

20 under paragraph (1), the claim shall be deemed

21 awarded as a matter of law and paid.’’;

22 (4) in subsection (e), by striking ‘‘in a uranium

23 mine’’ and inserting ‘‘uranium mining, milling, or

24 transport’’;
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1 (5) in subsection (k), by adding at the end the

2 following: ‘‘With respect to any amendment made to

3 this Act after the date of enactment of this Act, the

4 Attorney General shall issue revised regulations,

5 guidelines, and procedures to carry out that amend6 ment not later than 180 days after the date of en7 actment of that amendment.’’; and

8 (6) in subsection (l)—

9 (A) by striking ‘‘(l) JUDICIAL REVIEW.—

10 An individual’’ and inserting the following:

11 ‘‘(l) JUDICIAL REVIEW.—

12 ‘‘(1) IN GENERAL.—An individual’’; and

13 (B) by adding at the end the following:

14 ‘‘(2) ATTORNEY’S FEES.—If the court that con15 ducts a review under paragraph (1) sets aside a de16 nial of a claim under this Act as unlawful, the court

17 shall award claimant reasonable attorney’s fees and

18 costs incurred with respect to the court’s review.

19 ‘‘(3) INTEREST.—If, after a claimant is denied

20 a claim under this Act, the claimant subsequently

21 prevails upon remand of that claim, the claimant

22 shall be awarded interest on the claim at a rate

23 equal to 8 percent, calculated from the date of the

24 initial denial of the claim.
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1 ‘‘(4) TREATMENT OF ATTORNEY’S FEES, COSTS,

2 AND INTEREST.—Any attorney’s fees, costs, and in3 terest awarded under this section shall—

4 ‘‘(A) be considered to be costs incurred by

5 the Attorney General, and

6 ‘‘(B) not be paid from the Fund, or set off

7 against, or otherwise deducted from, any pay8 ment to a claimant under this section.’’.

9 (b) FURTHERANCE OF SPECIAL TRUST RESPON10 SIBILITY TO AFFECTED INDIAN TRIBES; SELF-DETER11 MINATION PROGRAM ELECTION.—In furtherance of, and

12 consistent with, the trust responsibility of the United

13 States to Native American uranium workers recognized by

14 Congress in enacting the Radiation Exposure Compensa15 tion Act (42 U.S.C. 2210 note), section 6 of that Act, as

16 amended by subsection (a) of this section, is amended—

17 (1) in subsection (a), by adding at the end the

18 following: ‘‘In establishing any such procedure, the

19 Attorney General shall take into consideration and

20 incorporate, to the fullest extent feasible, Native

21 American law, tradition, and custom with respect to

22 the submission and processing of claims by Native

23 Americans.’’;

24 (2) in subsection (b), by inserting after para25 graph (3) the following:
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1 ‘‘(4) PULMONARY FUNCTION STANDARDS.—In

2 determining the pulmonary impairment of a claim3 ant, the Attorney General shall evaluate the degree

4 of impairment based on ethnic-specific pulmonary

5 function standards.’’;

6 (3) in subsection (b)(5)—

7 (A) by striking ‘‘and’’ at the end of sub8 paragraph (B);

9 (B) by striking the period at the end of

10 subparagraph (C) and inserting ‘‘; and’’; and

11 (C) by inserting after subparagraph (C)

12 the following:

13 ‘‘(D) in consultation with any affected In14 dian tribe, establish guidelines for the deter15 mination of claims filed by Native American

16 uranium miners, millers, and transport workers

17 pursuant to section 5.’’;

18 (4) in subsection (b), by adding after paragraph

19 (5) the following:

20 ‘‘(6) SELF-DETERMINATION PROGRAM ELEC21 TION.—

22 ‘‘(A) IN GENERAL.—The Attorney General

23 on the request of any affected Indian tribe by

24 tribal resolution, may enter into 1 or more self25 determination contracts with a tribal organiza-
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1 tion of that Indian tribe pursuant to the Indian

2 Self-Determination and Education Assistance

3 Act (25 U.S.C. 450 et seq.) to plan, conduct,

4 and administer the disposition and award of

5 claims under this Act to the extent that mem6 bers of the affected Indian tribe are concerned.

7 ‘‘(B) APPROVAL.—(i) On the request of an

8 affected Indian tribe to enter into a self-deter9 mination contract referred to in subparagraph

10 (A), the Attorney General shall approve or re11 ject the request in a manner consistent with

12 section 102 of the Indian Self-Determination

13 and Education Assistance Act (25 U.S.C.

14 450f).

15 ‘‘(ii) The Indian Self-Determination and

16 Education Assistance Act (25 U.S.C. 450 et

17 seq.) shall apply to the approval and subsequent

18 implementation of a self-determination contract

19 entered into under clause (i) or any rejection of

20 such a contract, if that contract is rejected.

21 ‘‘(C) USE OF FUNDS.—Notwithstanding

22 any other provision of law, funds authorized for

23 use by the Attorney General to carry out the

24 functions of the Attorney General under sub25 section (i) may be used for the planning, train-
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1 ing, implementation, and administration of any

2 self-determination contract that the Attorney

3 General enters into with an affected Indian

4 tribe under this section.’’; and

5 (5) in subsection (c)(4), by adding at the end

6 the following:

7 ‘‘(D) APPLICATION OF NATIVE AMERICAN

8 LAW.—In determining the eligibility of individ9 uals to receive compensation under this Act by

10 reason of marriage, relationship, or survivor11 ship, the Attorney General shall take into con12 sideration and give effect to established law,

13 tradition, and custom of affected Indian

14 tribes.’’.

15 SEC. 6. CHOICE OF REMEDIES.

16 Section 7(b) of the Radiation Exposure Compensa17 tion Act (42 U.S.C. 2210 note) is amended to read as

18 follows:

19 ‘‘(b) CHOICE OF REMEDIES.—

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (1), the payment of an award under any pro22 vision of this Act does not preclude the payment of

23 an award under any other provision of this Act.
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1 ‘‘(2) LIMITATION.—No individual may receive

2 more than 1 award payment for any compensable

3 cancer or other compensable disease.’’.

4 SEC. 7. LIMITATION ON CLAIMS; RETROACTIVE APPLICA5 TION OF AMENDMENTS.

6 Section 8 of the Radiation Exposure Compensation

7 Act (42 U.S.C. 2210 note) is amended to read as follows:

8 ‘‘SEC. 8. LIMITATION ON CLAIMS.

9 ‘‘(a) BAR.—After the date that is 20 years after the

10 date of enactment of the Radiation Exposure Compensa11 tion Improvement Act no claim may be filed under this

12 Act.

13 ‘‘(b) APPLICABILITY OF AMENDMENTS.—The amend14 ments made to this Act by the Radiation Exposure Com15 pensation Improvement Act shall apply to any claim under

16 this Act that is pending or commenced on or after October

17 5, 1990, without regard to whether payment for that claim

18 could have been awarded before the date of enactment of

19 the Radiation Exposure Compensation Improvement Act

20 as the result of previous filing and prior payment under

21 this Act.’’.

22 SEC. 8. REPORT.

23 Section 12 of the Radiation Exposure Compensation

24 Act (42 U.S.C. 2210 note) is amended—
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1 (1) by striking the section heading and insert2 ing the following:

3 ‘‘SEC. 12. REPORTS.’’;

4 and

5 (2) by adding at the end the following:

6 ‘‘(c) URANIUM MILL AND MINE REPORT.—Not later

7 than January 1, 2001, the Secretary of Health and

8 Human Services in consultation with the Secretary of En9 ergy shall prepare and submit to Congress a report that—

10 ‘‘(1) summarizes medical knowledge concerning

11 adverse health effects sustained by residents of com12 munities who reside adjacent to—

13 ‘‘(A) uranium mills or mill tailings,

14 ‘‘(B) aboveground uranium mines, or

15 ‘‘(C) open pit uranium mines; and

16 ‘‘(2) summarizes available information concern17 ing the availability and accessibility of medical care

18 that incorporates the best available standards of

19 practice for individuals with malignancies and other

20 compensable diseases relating to exposure to ura21 nium as a result of uranium mining and milling ac22 tivities;

23 ‘‘(3) summarizes the reclamation efforts with

24 respect to uranium mines, mills, and mill tailings in
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1 Colorado, New Mexico, Arizona, Wyoming, and

2 Utah; and

3 ‘‘(4) makes recommendations for further ac4 tions to ensure health and safety relating to the ef5 forts referred to in paragraph (3).’’.

Æ