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:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Radiation Exposure

3 Compensation Act Amendments of 2000’’.

4 SEC. 2. FINDINGS.

5 Congress finds that—

6 (1) the Radiation Exposure Compensation Act

7 (42 U.S.C. 2210 note) recognized the responsibility of

8 the Federal Government to compensate individuals

9 who were harmed by the mining of radioactive mate10 rials or fallout from nuclear arms testing;

11 (2) a congressional oversight hearing conducted

12 by the Committee on Labor and Human Resources of

13 the Senate demonstrated that since enactment of the

14 Radiation Exposure Compensation Act (42 U.S.C.

15 2210 note), regulatory burdens have made it too dif-
2

•S 1515 EAH

1 ficult for some deserving individuals to be fairly and

2 efficiently compensated;

3 (3) reports of the Atomic Energy Commission

4 and the National Institute for Occupational Safety

5 and Health testify to the need to extend eligibility to

6 States in which the Federal Government sponsored

7 uranium mining and milling from 1941 through

8 1971;

9 (4) scientific data resulting from the enactment

10 of the Radiation Exposed Veterans Compensation Act

11 of 1988 (38 U.S.C. 101 note), and obtained from the

12 Committee on the Biological Effects of Ionizing Radi13 ations, and the President’s Advisory Committee on

14 Human Radiation Experiments provide medical vali15 dation for the extension of compensable radiogenic

16 pathologies;

17 (5) above-ground uranium miners, millers and

18 individuals who transported ore should be fairly com19 pensated, in a manner similar to that provided for

20 underground uranium miners, in cases in which those

21 individuals suffered disease or resultant death, associ22 ated with radiation exposure, due to the failure of the

23 Federal Government to warn and otherwise help pro24 tect citizens from the health hazards addressed by the
3

•S 1515 EAH

1 Radiation Exposure Compensation Act of 1990 (42

2 U.S.C. 2210 note); and

3 (6) it should be the responsibility of the Federal

4 Government in partnership with State and local gov5 ernments and appropriate healthcare organizations,

6 to initiate and support programs designed for the

7 early detection, prevention and education on

8 radiogenic diseases in approved States to aid the

9 thousands of individuals adversely affected by the

10 mining of uranium and the testing of nuclear weap11 ons for the Nation’s weapons arsenal.

12 SEC. 3. AMENDMENTS TO THE RADIATION EXPOSURE COM13 PENSATION ACT.

14 (a) CLAIMS RELATING TO ATMOSPHERIC NUCLEAR

15 TESTING.—Section 4(a)(1) of the Radiation Exposure Com16 pensation Act (42 U.S.C. 2210 note) is amended to read

17 as follows:

18 ‘‘(1) CLAIMS RELATING TO LEUKEMIA.—

19 ‘‘(A) IN GENERAL.—An individual de20 scribed in this subparagraph shall receive an

21 amount specified in subparagraph (B) if the con22 ditions described in subparagraph (C) are met.

23 An individual referred to in the preceding sen24 tence is an individual who—
4

•S 1515 EAH

1 ‘‘(i)(I) was physically present in an

2 affected area for a period of at least 1 year

3 during the period beginning on January 21,

4 1951, and ending on October 31, 1958;

5 ‘‘(II) was physically present in the af6 fected area for the period beginning on June

7 30, 1962, and ending on July 31, 1962; or

8 ‘‘(III) participated onsite in a test in9 volving the atmospheric detonation of a nu10 clear device; and

11 ‘‘(ii) submits written documentation

12 that such individual developed leukemia—

13 ‘‘(I) after the applicable period of

14 physical presence described in sub15 clause (I) or (II) of clause (i) or onsite

16 participation described in clause

17 (i)(III) (as the case may be); and

18 ‘‘(II) more that 2 years after first

19 exposure to fallout.

20 ‘‘(B) AMOUNTS.—If the conditions described

21 in subparagraph (C) are met, an individual—

22 ‘‘(i) who is described in subclause (I)

23 or (II) of subparagraph (A)(i) shall receive

24 $50,000; or
5

•S 1515 EAH

1 ‘‘(ii) who is described in subclause

2 (III) of subparagraph (A)(i) shall receive

3 $75,000.

4 ‘‘(C) CONDITIONS.—The conditions de5 scribed in this subparagraph are as follows:

6 ‘‘(i) Initial exposure occurred prior to

7 age 21.

8 ‘‘(ii) The claim for a payment under

9 subparagraph (B) is filed with the Attorney

10 General by or on behalf of the individual.

11 ‘‘(iii) The Attorney General deter12 mines, in accordance with section 6, that

13 the claim meets the requirements of this

14 Act.’’.

15 (b) DEFINITIONS.—Section 4(b) of the Radiation Ex16 posure Compensation Act (42 U.S.C. 2210 note) is

17 amended—

18 (1) in paragraph (1)—

19 (A) in subparagraph (A) by inserting

20 ‘‘Wayne, San Juan,’’ after ‘‘Millard,’’; and

21 (B) by amending subparagraph (C) to read

22 as follows:

23 ‘‘(C) in the State of Arizona, the counties of

24 Coconino, Yavapai, Navajo, Apache, and Gila;

25 and’’; and
6

•S 1515 EAH

1 (2) in paragraph (2)—

2 (A) by striking ‘‘the onset of the disease was

3 between 2 and 30 years of first exposure,’’ and

4 inserting ‘‘the onset of the disease was at least 2

5 years after first exposure, lung cancer (other

6 than in situ lung cancer that is discovered dur7 ing or after a post-mortem exam),’’;

8 (B) by striking ‘‘(provided initial exposure

9 occurred by the age of 20)’’ after ‘‘thyroid’’;

10 (C) by inserting ‘‘male or’’ before ‘‘female

11 breast’’;

12 (D) by striking ‘‘(provided initial exposure

13 occurred prior to age 40)’’ after ‘‘female breast’’;

14 (E) by striking ‘‘(provided low alcohol con15 sumption and not a heavy smoker)’’ after

16 ‘‘esophagus’’;

17 (F) by striking ‘‘(provided initial exposure

18 occurred before age 30)’’ after ‘‘stomach’’;

19 (G) by striking ‘‘(provided not a heavy

20 smoker)’’ after ‘‘pharynx’’;

21 (H) by striking ‘‘(provided not a heavy

22 smoker and low coffee consumption)’’ after ‘‘pan23 creas’’; and
7

•S 1515 EAH

1 (I) by inserting ‘‘salivary gland, urinary

2 bladder, brain, colon, ovary,’’ after ‘‘gall blad3 der,’’.

4 (c) CLAIMS RELATING TO URANIUM MINING.—

5 (1) IN GENERAL.—Section 5(a) of the Radiation

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

7 amended to read as follows:

8 ‘‘(a) ELIGIBILITY OF INDIVIDUALS.—

9 ‘‘(1) IN GENERAL.—An individual shall receive

10 $100,000 for a claim made under this Act if—

11 ‘‘(A) that individual—

12 ‘‘(i) was employed in a uranium mine

13 or uranium mill (including any individual

14 who was employed in the transport of ura15 nium ore or vanadium-uranium ore from

16 such mine or mill) located in Colorado, New

17 Mexico, Arizona, Wyoming, South Dakota,

18 Washington, Utah, Idaho, North Dakota,

19 Oregon, and Texas at any time during the

20 period beginning on January 1, 1942, and

21 ending on December 31, 1971; and

22 ‘‘(ii)(I) was a miner exposed to 40 or

23 more working level months of radiation and

24 submits written medical documentation that

25 the individual, after that exposure, devel-
8

•S 1515 EAH

1 oped lung cancer or a nonmalignant res2 piratory disease; or

3 ‘‘(II) was a miller or ore transporter

4 who worked for at least 1 year during the

5 period described under clause (i) and sub6 mits written medical documentation that

7 the individual, after that exposure, devel8 oped lung cancer or a nonmalignant res9 piratory disease or renal cancers and other

10 chronic renal disease including nephritis

11 and kidney tubal tissue injury;

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

13 with the Attorney General by or on behalf of that

14 individual; and

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

16 accordance with section 6, that the claim meets

17 the requirements of this Act.

18 ‘‘(2) INCLUSION OF ADDITIONAL STATES.—Para19 graph (1)(A)(i) shall apply to a State, in addition to

20 the States named under such clause, if—

21 ‘‘(A) an Atomic Energy Commission ura22 nium mine was operated in such State at any

23 time during the period beginning on January 1,

24 1942, and ending on December 31, 1971;
9

•S 1515 EAH

1 ‘‘(B) the State submits an application to

2 the Department of Justice to include such State;

3 and

4 ‘‘(C) the Attorney General makes a deter5 mination to include such State.

6 ‘‘(3) PAYMENT REQUIREMENT.—Each payment

7 under this section may be made only in accordance

8 with section 6.’’.

9 (2) DEFINITIONS.—Section 5(b) of the Radiation

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

11 amended—

12 (A) in paragraph (3)—

13 (i) by striking ‘‘and’’ before

14 ‘‘corpulmonale’’; and

15 (ii) by striking ‘‘; and if the claim16 ant,’’ and all that follows through the end

17 of the paragraph and inserting ‘‘, silicosis,

18 and pneumoconiosis;’’;

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

20 paragraph (4) and inserting a semicolon; and

21 (C) by adding at the end the following:

22 ‘‘(5) the term ‘written medical documentation’

23 for purposes of proving a nonmalignant respiratory

24 disease or lung cancer means, in any case in which

25 the claimant is living—
10

•S 1515 EAH

1 ‘‘(A)(i) an arterial blood gas study; or

2 ‘‘(ii) a written diagnosis by a physician

3 meeting the requirements of subsection (c)(1);

4 and

5 ‘‘(B)(i) a chest x-ray administered in ac6 cordance with standard techniques and the inter7 pretive reports of a maximum of two National

8 Institute of Occupational Health and Safety cer9 tified ‘B’ readers classifying the existence of the

10 nonmalignant respiratory disease of category 1/

11 0 or higher according to a 1989 report of the

12 International Labor Office (known as the ‘ILO’),

13 or subsequent revisions;

14 ‘‘(ii) high resolution computed tomography

15 scans (commonly known as ‘HRCT scans’) (in16 cluding computer assisted tomography scans

17 (commonly known as ‘CAT scans’), magnetic res18 onance imaging scans (commonly known as

19 ‘MRI scans’), and positron emission tomography

20 scans (commonly known as ‘PET scans’)) and

21 interpretive reports of such scans;

22 ‘‘(iii) pathology reports of tissue biopsies; or

23 ‘‘(iv) pulmonary function tests indicating

24 restrictive lung function, as defined by the Amer25 ican Thoracic Society;
11

•S 1515 EAH

1 ‘‘(6) the term ‘lung cancer’—

2 ‘‘(A) means any physiological condition of

3 the lung, trachea, or bronchus that is recognized

4 as lung cancer by the National Cancer Institute;

5 and

6 ‘‘(B) includes in situ lung cancers;

7 ‘‘(7) the term ‘uranium mine’ means any under8 ground excavation, including ‘dog holes’, as well as

9 open pit, strip, rim, surface, or other aboveground

10 mines, where uranium ore or vanadium-uranium ore

11 was mined or otherwise extracted; and

12 ‘‘(8) the term ‘uranium mill’ includes milling

13 operations involving the processing of uranium ore or

14 vanadium-uranium ore, including both carbonate and

15 acid leach plants.’’.

16 (3) WRITTEN DOCUMENTATION.—Section 5 of the

17 Radiation Exposure Compensation Act (42 U.S.C.

18 2210 note) is amended by adding at the end the fol19 lowing:

20 ‘‘(c) WRITTEN DOCUMENTATION.—

21 ‘‘(1) DIAGNOSIS ALTERNATIVE TO ARTERIAL

22 BLOOD GAS STUDY.—

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

24 Act, the written diagnosis and the accompanying
12

•S 1515 EAH

1 interpretive reports described in subsection

2 (b)(5)(A) shall—

3 ‘‘(i) be considered to be conclusive; and

4 ‘‘(ii) be subject to a fair and random

5 audit procedure established by the Attorney

6 General.

7 ‘‘(B) CERTAIN WRITTEN DIAGNOSES.—

8 ‘‘(i) IN GENERAL.—For purposes of

9 this Act, a written diagnosis made by a

10 physician described under clause (ii) of a

11 nonmalignant pulmonary disease or lung

12 cancer of a claimant that is accompanied

13 by written documentation shall be consid14 ered to be conclusive evidence of that dis15 ease.

16 ‘‘(ii) DESCRIPTION OF PHYSICIANS.—A

17 physician referred to under clause (i) is a

18 physician who—

19 ‘‘(I) is employed by the Indian

20 Health Service or the Department of

21 Veterans Affairs; or

22 ‘‘(II) is a board certified physi23 cian; and
13

•S 1515 EAH

1 ‘‘(III) has a documented ongoing

2 physician patient relationship with the

3 claimant.

4 ‘‘(2) CHEST X-RAYS.—

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

6 Act, a chest x-ray and the accompanying inter7 pretive reports described in subsection (b)(5)(B)

8 shall—

9 ‘‘(i) be considered to be conclusive; and

10 ‘‘(ii) be subject to a fair and random

11 audit procedure established by the Attorney

12 General.

13 ‘‘(B) CERTAIN WRITTEN DIAGNOSES.—

14 ‘‘(i) IN GENERAL.—For purposes of

15 this Act, a written diagnosis made by a

16 physician described in clause (ii) of a non17 malignant pulmonary disease or lung can18 cer of a claimant that is accompanied by

19 written documentation that meets the defi20 nition of that term under subsection (b)(5)

21 shall be considered to be conclusive evidence

22 of that disease.

23 ‘‘(ii) DESCRIPTION OF PHYSICIANS.—A

24 physician referred to under clause (i) is a

25 physician who—
14

•S 1515 EAH

1 ‘‘(I) is employed by—

2 ‘‘(aa) the Indian Health

3 Service; or

4 ‘‘(bb) the Department of Vet5 erans Affairs; and

6 ‘‘(II) has a documented ongoing

7 physician patient relationship with the

8 claimant.’’.

9 (d) DETERMINATION AND PAYMENT OF CLAIMS.—

10 (1) FILING PROCEDURES.—Section 6(a) of the

11 Radiation Exposure Compensation Act (42 U.S.C.

12 2210 note) is amended by adding at the end the fol13 lowing: ‘‘In establishing procedures under this sub14 section, the Attorney General shall take into account

15 and make allowances for the law, tradition, and cus16 toms of Indian tribes (as that term is defined in sec17 tion 5(b)) and members of Indian tribes, to the max18 imum extent practicable.’’.

19 (2) DETERMINATION AND PAYMENT OF CLAIMS,

20 GENERALLY.—Section 6(b)(1) of the Radiation Expo21 sure Compensation Act (42 U.S.C. 2210 note) is

22 amended by adding at the end the following: ‘‘All rea23 sonable doubt with regard to whether a claim meets

24 the requirements of this Act shall be resolved in favor

25 of the claimant.’’.
15

•S 1515 EAH

1 (3) OFFSET FOR CERTAIN PAYMENTS.—Section

2 6(c)(2)(B) of the Radiation Exposure Compensation

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

4 (A) in clause (i), by inserting ‘‘(other than

5 a claim for workers’ compensation)’’ after

6 ‘‘claim’’; and

7 (B) in clause (ii), by striking ‘‘Federal Gov8 ernment’’ and inserting ‘‘Department of Veterans

9 Affairs’’.

10 (4) APPLICATION OF NATIVE AMERICAN LAW TO

11 CLAIMS.—Section 6(c)(4) of the Radiation Exposure

12 Compensation Act (42 U.S.C. 2210 note) is amended

13 by adding at the end the following:

14 ‘‘(D) APPLICATION OF NATIVE AMERICAN

15 LAW.—In determining those individuals eligible

16 to receive compensation by virtue of marriage,

17 relationship, or survivorship, such determination

18 shall take into consideration and give effect to es19 tablished law, tradition, and custom of the par20 ticular affected Indian tribe.’’.

21 (5) ACTION ON CLAIMS.—Section 6(d) of the Ra22 diation Exposure Compensation Act (42 U.S.C. 2210

23 note) is amended—

24 (A) by inserting ‘‘(1) IN GENERAL.—’’ be25 fore ‘‘The Attorney General’’;
16

•S 1515 EAH

1 (B) by inserting at the end the following:

2 ‘‘For purposes of determining when the 12-month

3 period ends, a claim under this Act shall be

4 deemed filed as of the date of its receipt by the

5 Attorney General. In the event of the denial of a

6 claim, the claimant shall be permitted a reason7 able period in which to seek administrative re8 view of the denial by the Attorney General. The

9 Attorney General shall make a final determina10 tion with respect to any administrative review

11 within 90 days after the receipt of the claimant’s

12 request for such review. In the event the Attorney

13 General fails to render a determination within

14 12 months after the date of the receipt of such re15 quest, the claim shall be deemed awarded as a

16 matter of law and paid.’’; and

17 (C) by adding at the end the following:

18 ‘‘(2) ADDITIONAL INFORMATION.—The Attorney

19 General may request from any claimant under this

20 Act, or from any individual or entity on behalf of

21 any such claimant, any reasonable additional infor22 mation or documentation necessary to complete the

23 determination on the claim in accordance with the

24 procedures established under subsection (a).
17

•S 1515 EAH

1 ‘‘(3) TREATMENT OF PERIOD ASSOCIATED WITH

2 REQUEST.—

3 ‘‘(A) IN GENERAL.—The period described in

4 subparagraph (B) shall not apply to the 12-

5 month limitation under paragraph (1).

6 ‘‘(B) PERIOD.—The period described in this

7 subparagraph is the period—

8 ‘‘(i) beginning on the date on which

9 the Attorney General makes a request for

10 additional information or documentation

11 under paragraph (2); and

12 ‘‘(ii) ending on the date on which the

13 claimant or individual or entity acting on

14 behalf of that claimant submits that infor15 mation or documentation or informs the At16 torney General that it is not possible to pro17 vide that information or that the claimant

18 or individual or entity will not provide that

19 information.

20 ‘‘(4) PAYMENT WITHIN 6 WEEKS.—The Attorney

21 General shall ensure that an approved claim is paid

22 not later than 6 weeks after the date on which such

23 claim is approved.

24 ‘‘(5) NATIVE AMERICAN CONSIDERATIONS.—Any

25 procedures under this subsection shall take into con-
18

•S 1515 EAH

1 sideration and incorporate, to the fullest extent fea2 sible, Native American law, tradition, and custom

3 with respect to the submission and processing of

4 claims by Native Americans.’’.

5 (e) REGULATIONS.—

6 (1) IN GENERAL.—Section 6(i) of the Radiation

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

8 amended by adding at the end the following: ‘‘Not

9 later than 180 days after the date of the enactment

10 of the Radiation Exposure Compensation Act Amend11 ments of 2000, the Attorney General shall issue re12 vised regulations to carry out this Act.’’.

13 (2) AFFIDAVITS.—

14 (A) IN GENERAL.—The Attorney General

15 shall take such action as may be necessary to en16 sure that the procedures established by the Attor17 ney General under section 6 of the Radiation

18 Exposure Compensation Act (42 U.S.C. 2210

19 note) provide that, in addition to any other ma20 terial that may be used to substantiate employ21 ment history for purposes of determining work22 ing level months, an individual filing a claim

23 under those procedures may make such a sub24 stantiation by means of an affidavit described in

25 subparagraph (B).
19

•S 1515 EAH

1 (B) AFFIDAVITS.—An affidavit referred to

2 under subparagraph (A) is an affidavit—

3 (i) that meets such requirements as the

4 Attorney General may establish; and

5 (ii) is made by a person other than the

6 individual filing the claim that attests to

7 the employment history of the claimant.

8 (f) LIMITATIONS ON CLAIMS.—Section 8 of the Radi9 ation Exposure Compensation Act (42 U.S.C. 2210 note)

10 is amended—

11 (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A

12 claim’’; and

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

14 ‘‘(b) RESUBMITTAL OF CLAIMS.—After the date of the

15 enactment of the Radiation Exposure Compensation Act

16 Amendments of 2000, any claimant who has been denied

17 compensation under this Act may resubmit a claim for con18 sideration by the Attorney General in accordance with this

19 Act not more than three times. Any resubmittal made before

20 the date of the enactment of the Radiation Exposure Com21 pensation Act Amendments of 2000 shall not be applied to

22 the limitation under the preceding sentence.’’.

23 (g) EXTENSION OF CLAIMS AND FUND.—

24 (1) EXTENSION OF CLAIMS.—Section 8 of the

25 Radiation Exposure Compensation Act (42 U.S.C.
20

•S 1515 EAH

1 2210 note) is amended by striking ‘‘20 years after the

2 date of the enactment of this Act’’ and inserting ‘‘22

3 years after the date of the enactment of the Radiation

4 Exposure Compensation Act Amendments of 2000’’.

5 (2) EXTENSION OF FUND.—Section 3(d) of the

6 Radiation Exposure Compensation Act (42 U.S.C.

7 2210 note) is amended in the first sentence by strik8 ing ‘‘date of the enactment of this Act’’ and inserting

9 ‘‘date of the enactment of the Radiation Exposure

10 Compensation Act Amendments of 2000’’.

11 (h) ATTORNEY FEES LIMITATION.—Section 9 of the

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

13 note) is amended to read as follows:

14 ‘‘SEC. 9. ATTORNEY FEES.

15 ‘‘(a) GENERAL RULE.—Notwithstanding any contract,

16 the representative of an individual may not receive, for

17 services rendered in connection with the claim of an indi18 vidual under this Act, more than that percentage specified

19 in subsection (b) of a payment made under this Act on such

20 claim.

21 ‘‘(b) APPLICABLE PERCENTAGE LIMITATIONS.—The

22 percentage referred to in subsection (a) is—

23 ‘‘(1) 2 percent for the filing of an initial claim;

24 and

25 ‘‘(2) 10 percent with respect to—
21

•S 1515 EAH

1 ‘‘(A) any claim with respect to which a rep2 resentative has made a contract for services be3 fore the date of the enactment of the Radiation

4 Exposure Compensation Act Amendments of

5 2000; or

6 ‘‘(B) a resubmission of a denied claim.

7 ‘‘(c) PENALTY.—Any such representative who violates

8 this section shall be fined not more than $5,000.’’.

9 (i) GAO REPORTS.—

10 (1) IN GENERAL.—Not later than 18 months

11 after the date of the enactment of this Act, and every

12 18 months thereafter, the General Accounting Office

13 shall submit a report to Congress containing a de14 tailed accounting of the administration of the Radi15 ation Exposure Compensation Act (42 U.S.C. 2210

16 note) by the Department of Justice.

17 (2) CONTENTS.—Each report submitted under

18 this subsection shall include an analysis of—

19 (A) claims, awards, and administrative

20 costs under the Radiation Exposure Compensa21 tion Act (42 U.S.C. 2210 note); and

22 (B) the budget of the Department of Justice

23 relating to such Act.
22

•S 1515 EAH

1 SEC. 4. ESTABLISHMENT OF PROGRAM OF GRANTS TO

2 STATES FOR EDUCATION, PREVENTION, AND

3 EARLY DETECTION OF RADIOGENIC CANCERS

4 AND DISEASES.

5 Subpart I of part C of title IV of the Public Health

6 Service Act (42 U.S.C. 285 et seq.) is amended by adding

7 at the end the following:

8 ‘‘SEC. 417C. GRANTS FOR EDUCATION, PREVENTION, AND

9 EARLY DETECTION OF RADIOGENIC CANCERS

10 AND DISEASES.

11 ‘‘(a) DEFINITION.—In this section the term ‘entity’

12 means any—

13 ‘‘(1) National Cancer Institute-designated cancer

14 center;

15 ‘‘(2) Department of Veterans Affairs hospital or

16 medical center;

17 ‘‘(3) Federally Qualified Health Center, commu18 nity health center, or hospital;

19 ‘‘(4) agency of any State or local government,

20 including any State department of health; or

21 ‘‘(5) nonprofit organization.

22 ‘‘(b) IN GENERAL.—The Secretary, acting through the

23 Administrator of the Health Resources and Services Admin24 istration in consultation with the Director of the National

25 Institutes of Health and the Director of the Indian Health
23

•S 1515 EAH

1 Service, may make competitive grants to any entity for the

2 purpose of carrying out programs to—

3 ‘‘(1) screen individuals described under section

4 4(a)(1)(A)(i) or 5(a)(1)(A) of the Radiation Exposure

5 Compensation Act (42 U.S.C. 2210 note) for cancer

6 as a preventative health measure;

7 ‘‘(2) provide appropriate referrals for medical

8 treatment of individuals screened under paragraph

9 (1) and to ensure, to the extent practicable, the provi10 sion of appropriate follow-up services;

11 ‘‘(3) develop and disseminate public information

12 and education programs for the detection, prevention,

13 and treatment of radiogenic cancers and diseases; and

14 ‘‘(4) facilitate putative applicants in the docu15 mentation of claims as described in section 5(a) of the

16 Radiation Exposure Compensation Act (42 U.S.C.

17 2210 note).

18 ‘‘(c) INDIAN HEALTH SERVICE.—The programs under

19 subsection (a) shall include programs provided through the

20 Indian Health Service or through tribal contracts, com21 pacts, grants, or cooperative agreements with the Indian

22 Health Service and which are determined appropriate to

23 raising the health status of Indians.
24

•S 1515 EAH

1 ‘‘(d) GRANT AND CONTRACT AUTHORITY.—Entities re2 ceiving a grant under subsection (b) may expend the grant

3 to carry out the purpose described in such subsection.

4 ‘‘(e) HEALTH COVERAGE UNAFFECTED.—Nothing in

5 this section shall be construed to affect any coverage obliga6 tion of a governmental or private health plan or program

7 relating to an individual referred to under subsection

8 (b)(1).

9 ‘‘(f) REPORT TO CONGRESS.—Beginning on October 1

10 of the year following the date on which amounts are first

11 appropriated to carry out this section and annually on each

12 October 1 thereafter, the Secretary shall submit a report to

13 the Committee on the Judiciary and the Committee on

14 Health, Education, Labor, and Pensions of the Senate and

15 to the Committee on the Judiciary and the Committee on

16 Commerce of the House of Representatives. Each report

17 shall summarize the expenditures and programs funded

18 under this section as the Secretary determines to be appro19 priate.

20 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated for the purpose of car22 rying out this section $20,000,000 for fiscal year 1999 and
25

•S 1515 EAH

1 such sums as may be necessary for each of the fiscal years

2 2000 through 2009.’’.

Attest:

Clerk.