I

107TH CONGRESS

1ST SESSION H. R. 1865

To make technical amendments to the Radiation Exposure Compensation

Act (42 U.S.C. 2210 note), provide compensation to certain claimants

under such Act, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 16, 2001

Mr. CANNON (for himself, Mr. HANSEN, Mr. SKEEN, Mr. MCINNIS, Mr.

MATHESON, and Mr. UDALL of Colorado) introduced the following bill;

which was referred to the Committee on the Judiciary

A BILL

To make technical amendments to the Radiation Exposure

Compensation Act (42 U.S.C. 2210 note), provide compensation to certain claimants under such Act, 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. RADIATION EXPOSURE COMPENSATION TECH4 NICAL AMENDMENTS.

5 (a) IN GENERAL.—The Radiation Exposure Com6 pensation Act (42 U.S.C. 2210 note) is amended—
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1 (1) in section 4(b)(1)(C), by inserting ‘‘, and

2 that part of Arizona that is north of the Grand Can3 yon’’ after ‘‘Gila’’;

4 (2) in section 4(b)(2)—

5 (A) by striking ‘‘lung cancer (other than in

6 situ lung cancer that is discovered during or

7 after a post-mortem exam),’’; and

8 (B) by striking ‘‘or liver (except if cirrhosis

9 or hepatitis B is indicated).’’ and inserting

10 ‘‘liver (except if cirrhosis or hepatitis B is indi11 cated), or lung.’’;

12 (3) in section 5(a)(1)(A)(ii)(I), by inserting ‘‘or

13 worked for at least 1 year during the period de14 scribed under clause (i)’’ after ‘‘months of radi15 ation’’;

16 (4) in section 5(a)(2)(A), by striking ‘‘an Atom17 ic Energy Commission’’ and inserting ‘‘a’’;

18 (5) in section 5(b)(5), by striking ‘‘or lung can19 cer’’;

20 (6) in section 5(c)(1)(B)(i), by striking ‘‘or lung

21 cancer’’;

22 (7) in section 5(c)(2)(B)(i), by striking ‘‘or lung

23 cancer’’;

24 (8) in section 6(e)—
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1 (A) by striking ‘‘The’’ and inserting ‘‘Ex2 cept as otherwise authorized by law, the’’; and

3 (B) by inserting ‘‘, mill, or while employed

4 in the transport of uranium ore or vanadium5 uranium ore from such mine or mill’’ after ‘‘ra6 diation in a uranium mine’’;

7 (9) in section 6(i), by striking the second sen8 tence;

9 (10) in section 6(j), by adding at the end the

10 following: ‘‘Not later than 180 days after the date

11 of enactment of the Radiation Exposure Compensa12 tion Act Amendments of 2000, the Attorney General

13 shall issue revised regulations to carry out this

14 Act.’’;

15 (11) in section 6, by adding at the end the fol16 lowing:

17 ‘‘(m) SUBSTANTIATION BY AFFIDAVITS.—

18 ‘‘(1) IN GENERAL.—The Attorney General shall

19 take such action as may be necessary to ensure that

20 the procedures established by the Attorney General

21 under this section provide that a substantiation may

22 be made by an individual filing a claim under those

23 procedures by means of an affidavit described under

24 paragraph (2), in addition to any other material that

25 may be used to substantiate—
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1 ‘‘(A) employment history for purposes of

2 determining working level months; or

3 ‘‘(B) the residence of an individual filing a

4 claim under section 4.

5 ‘‘(2) AFFIDAVITS.—An affidavit referred to

6 under paragraph (1) is an affidavit that—

7 ‘‘(A) meets such requirements as the At8 torney General may establish; and

9 ‘‘(B) is made by a person other than the

10 individual filing the claim that attests to the

11 employment history or residence of the claim12 ant.’’;

13 (12) in section 7, by amending subsection (b) to

14 read as follows:

15 ‘‘(b) CHOICE OF REMEDIES.—No individual may re16 ceive more than 1 payment under this Act.’’; and

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

18 ‘‘SEC. 14. GAO REPORTS.

19 ‘‘(a) IN GENERAL.—Not later than 18 months after

20 the date of enactment of the Radiation Exposure Com21 pensation Act Amendments of 2000, and every 18 months

22 thereafter, the General Accounting Office shall submit a

23 report to Congress containing a detailed accounting of the

24 administration of this Act by the Department of Justice.
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1 ‘‘(b) CONTENTS.—Each report submitted under this

2 section shall include an analysis of—

3 ‘‘(1) claims, awards, and administrative costs

4 under this Act; and

5 ‘‘(2) the budget of the Department of Justice

6 relating to this Act.’’.

7 (b) CONFORMING AMENDMENTS.—Section 3 of the

8 Radiation Exposure Compensation Act Amendments of

9 2000 (Public Law 106–245) is amended by striking sub10 sections (e) and (i).

11 SEC. 2. COMPENSATION FOR CERTAIN CLAIMANTS UNDER

12 THE RADIATION EXPOSURE COMPENSATION

13 ACT.

14 (a) IN GENERAL.—Section 3630 of the Energy Em15 ployees Occupational Illness Compensation Program Act

16 of 2000, as enacted into law by Public Law 106–398, is

17 amended to read as follows:

18 ‘‘SEC. 3630. SEPARATE TREATMENT OF CERTAIN CLAIM19 ANTS UNDER THE RADIATION EXPOSURE

20 COMPENSATION ACT.

21 ‘‘(a) COMPENSATION PROVIDED.—An individual who

22 receives, or has received, a payment under section 4 or

23 5 of the Radiation Exposure Compensation Act (42 U.S.C.

24 2210 note) for a claim made under that Act (in this sec25 tion referred to as a ‘covered individual’), or the survivor
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1 of that covered individual if the individual is deceased,

2 shall receive compensation under this section in the

3 amount of $50,000.

4 ‘‘(b) MEDICAL BENEFITS.—A covered individual

5 shall receive medical benefits under section 3629 for the

6 illness for which that individual received a payment under

7 section 4 or 5 of that Act.

8 ‘‘(c) COORDINATION WITH RECA.—The compensa9 tion and benefits provided in subsections (a) and (b) are

10 separate from any compensation or benefits provided

11 under that Act.

12 ‘‘(d) PAYMENT FROM COMPENSATION FUND.—The

13 compensation provided under this section, when author14 ized or approved by the President, shall be paid from the

15 compensation fund established under section 3612.

16 ‘‘(e) SURVIVORS.—(1) Subject to the provisions of

17 this section, if a covered individual dies before the effective

18 date specified in subsection (g), whether or not the death

19 is a result of the illness specified in subsection (b), a sur20 vivor of that individual may, on behalf of that survivor

21 and any other survivors of that individual, receive the com22 pensation provided for under this section.

23 ‘‘(2) The right to receive compensation under this

24 section shall be afforded to survivors in the same order
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1 of precedence as that set forth in section 8109 of title 5,

2 United States Code.

3 ‘‘(f) PROCEDURES REQUIRED.—The President shall

4 establish procedures to identify and notify each covered

5 individual, or the survivor of that covered individual if that

6 individual is deceased, of the availability of compensation

7 and benefits under this section.

8 ‘‘(g) EFFECTIVE DATE.—This section shall take ef9 fect on July 31, 2001, unless Congress provides otherwise

10 in an Act enacted before that date.’’.

11 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

12 (1) The table of sections for the Energy Employees Occu13 pational Illness Compensation Program Act of 2000 is

14 amended by striking the item relating to section 3630 and

15 inserting the following:

‘‘Sec. 3630. Separate treatment of certain claimants under the Radiation Exposure Compensation Act.’’.

16 (2) Section 3641 of the Energy Employees Occupa17 tional Illness Compensation Program Act of 2000, as en18 acted into law by Public Law 106–398, is amended—

19 (A) by striking ‘‘covered uranium employee’’

20 and inserting ‘‘covered individual’’; and

21 (B) by adding at the end the following: ‘‘Noth22 ing in this section shall be construed to offset any

23 payment of compensation under section 3630 and
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1 any payment under the Radiation Exposure Com2 pensation Act (42 U.S.C. 2210 note).’’.

3 SEC. 3. RADIATION EXPOSURE COMPENSATION.

4 Section 3(e) of the Radiation Exposure Compensation

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

6 (1) in the subsection heading by striking the

7 first 2 words and inserting ‘‘INDEFINITE’’; and

8 (2) by striking ‘‘authorized to be’’.

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