I
105TH CONGRESS
2D SESSION
H. R. 3539
To amend the Radiation Exposure Compensation Act to provide for payment
of compensation to individuals exposed to radiation as the result of
working in uranium mines and mills which provided uranium for the
use and benefit of the United States Government, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 1998
Mr. REDMOND (for himself, Mr. SKEEN, and Mr. SCHIFF) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
To amend the Radiation Exposure Compensation Act to pro-
vide for payment of compensation to individuals exposed
to radiation as the result of working in uranium mines
and mills which provided uranium for the use and benefit
of the United States Government, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND REFERENCE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Radiation Workers Justice Act of 1998’’.
(b) REFERENCE.—Whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provi-
sion of the Radiation Exposure Compensation Act.
(c) FINDINGS.—In amending the Radiation Exposure
Compensation Act, the Congress finds that—
(1) since the passage of the Radiation Exposure
Compensation Act in 1990, additional scientific in-
formation has become available to support the view
that criteria imposed upon qualifications for com-
pensation for uranium miners are too restrictive and
exclude individuals who have suffered injury as a re-
sult of work performed for the use and benefit of the
United States Government;
(2) documentation requirements to provide a re-
construction of a uranium miner’s work history and
radiation exposure in order to qualify for compensa-
tion have proved too burdensome and unfair and are
thus is in need of modification;
(3) miners working in aboveground uranium
mines and uranium millers should be provided com-
pensation similar to that for underground uranium
miners where such individuals have suffered injury
and death as a result of work performed for the pri-
mary use and benefit of the United States Govern-
ment; and
(4) compensation should be provided to ura-
nium miners whose constitutional rights were vio-
lated as a result of their having been, without their
knowledge or consent, intentionally placed at unnec-
essary risk and subsequently studied under false
pretenses by United States public health officials
and other agencies of the Federal Government.
SEC. 2. TRUST FUND.
Section 3(d) is amended by striking ‘‘of this Act’’ and
inserting ‘‘of the Radiation Workers Justice Act of 1998’’.
SEC. 3. AFFECTED AREA.
Section 4(b)(1) is amended by striking ‘‘and’’ at the
end of subparagraph (B) and by adding after subpara-
graph (C) the following:
‘‘(D) those parts of Arizona, Utah, and
New Mexico comprising the Navajo Nation Res-
ervation which were subjected to fallout from
nuclear weapons testing conducted in Nevada;
and’’.
SEC. 4. URANIUM MINING AND MILLING.
(a) MILLING.—Section 5 is amended—
(1) in the section heading by adding ‘‘OR
MILLING’’ after ‘‘uranium mining’’; and
(2) in subsection (a), by inserting after ‘‘Utah’’
the following: ‘‘or any other State in which uranium
was mined or milled’’.
(b) MINES.—Section 5(a) is amended by striking ‘‘a
uranium mine’’ and inserting ‘‘a uranium mine, including
a mine located above ground and an open pit mine in
which uranium miners worked, or a uranium mill’’.
(c) DATES.—Section 5(a) is amended by striking
‘‘January 1, 1947, and ending on December 31, 1971’’
and inserting ‘‘January 1, 1942, and ending on December
31, 1990’’.
(d) REDEFINITION OF PERIOD OF EXPOSURE, EX-
PANSION OF COVERAGE, INCREASE IN COMPENSATION
AWARDS, AND REMOVAL OF SMOKING DISTINCTION.—
Section 5(a) is amended by striking paragraph (1) and
all that follows through clause (ii) and inserting:
‘‘(1) was exposed to 40 or more working level
months of radiation or worked in such uranium
mines or mills for a period of at least one year and
submits written medical documentation that such in-
dividual, after such exposure, developed lung cancer,
or
‘‘(2) was exposed to 40 or more working level
months of radiation or worked in such uranium
mines or mills for a period of at least one year and
submits written medical documentation that such in-
dividual, after such exposure, developed a nonmalig-
nant respiratory disease or other medical condition
associated with uranium mining or milling,
shall receive up to $200,000 if the claim for such payment
is filed with the Attorney General by or on behalf of such
individual and the Attorney General determines, in accord-
ance with section 6, that the claim meets the requirements
of this Act. Payments under made under this subsection
may be made only in accordance with section 6.’’.
(e) CLAIMS RELATED TO HUMAN USE RESEARCH,
OTHER WORK-RELATED DEATH CLAIMS.—Section 5 is
amended by redesignating subsection (b), as amended by
subsection (a)(3), as subsection (d) and by inserting after
subsection (a) the following:
‘‘(b) CLAIMS RELATING TO HUMAN USE RESEARCH
AND
DEATH
RESULTING
FROM
NONRADIOLOGICAL
CAUSES.—Any individual who was employed in a uranium
mine or mill located in any State referred to in subsection
(a) at any time during the period referred to therein, and
who—
‘‘(1) in the course of such employment, without
the individual’s knowledge or informed consent, was
intentionally exposed to radiation for purposes of
testing, research, study, or experimentation by the
Federal Government or any agency thereof to deter-
mine the effects of such exposure on the human
body, or
‘‘(2) suffered death, not otherwise compensable
under subsection (a), arising out of or in the course
of the individual’s employment,
shall receive $50,000, if the claim for such payment is
filed with the Attorney General by or on behalf of such
individual and the Attorney General determines, in accord-
ance with section 6, that the claim meets the requirements
of this Act. Payments under this subsection may be made
only in accordance with section 6.’’.
(f) OTHER INJURY OR DISABILITY.—Section 5 (as
amended by subsection (e)) is amended by adding after
subsection (b) the following:
‘‘(c) OTHER INJURY OR DISABILITY.—Any individual
who was employed in a uranium mine or mill located in
any State referred to in subsection (a) at any time during
the period referred to therein, and who submits written
medical documentation that such individual suffered in-
jury or disability, not otherwise compensable under sub-
section (a), arising out of or in the course of the individ-
ual’s employment, shall receive $20,000, if the claim for
such payment is filed with the Attorney General by or on
behalf of such individual and the Attorney General deter-
mines, in accordance with section 6, that the claim meets
the requirements of this Act. Payments under this sub-
section may be made only in accordance with section 6.’’.
(g) DEFINITIONS.—Subsection (d) (as so redesig-
nated) of section 5 is amended—
(1) in paragraph (1) by striking ‘‘radiation ex-
posure’’ and inserting ‘‘exposure to radon and radon
progeny’’, and by inserting after ‘‘every work day for
a month,’’ the following: ‘‘based on a 6-day work-
week,’’;
(2) paragraph (2) is amended to read as fol-
lows:
‘‘(2) the term ‘working level’ means the con-
centration of the short half-life daughters (progeny)
of radon that will release (1.3 x 105) million electron
volts of alpha energy per liter of air;’’;
(3) by striking paragraphs (3) and (4), and by
adding after paragraph (2) the following:
‘‘(3) the term ‘nonmalignant respiratory dis-
ease’ means fibrosis of the lung, pulmonary fibrosis,
corpulmonale related to pulmonary fibrosis, or mod-
erate or severe silicosis or pneumoconiosis;
‘‘(4) the term ‘affected Indian tribe’ means any
Indian tribe, band, nation, pueblo, or other orga-
nized group or community, that is recognized as eli-
gible for special programs and services provided by
the United States to Indian tribes because of their
status as Native Americans, whose people engaged
in uranium mining or milling or where uranium min-
ing or milling was conducted;
‘‘(5) the term ‘lung cancer’ means any physio-
logical condition of the lung, trachea, and bronchus
that is recognized under that name or nomenclature
by the National Cancer Institute, including in situ
cancers;
‘‘(6) the term ‘uranium mine’ means any under-
ground 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;
‘‘(7) the term ‘uranium mill’ includes milling
operations involving the processing of uranium ore
or vanadium-uranium ore, including both carbonate
and acid leach plants;
‘‘(8) the term ‘course of employment’ means
and shall include any period of employment in either
a uranium mine or uranium mill either prior to or
after December 31, 1971, or the cumulative period
of employment in both a uranium mine and mill
should the individual have been employed in both;
‘‘(9) the term ‘written medical documentation’
for purposes of proving a nonmalignant respiratory
disease means, where the claimant is alive—
‘‘(A) a chest x-ray administered in accord-
ance with standard techniques and the interpre-
tive reports thereof by 2 certified ‘B’ readers
classifying the existence of the nonmalignant
respiratory disease of category 1/0 or higher ac-
cording to the ILO 1989, or subsequent revi-
sions;
‘‘(B) high resolution computed tomography
scans and interpretive reports thereof;
‘‘(C) pathology reports of tissue biopsies;
‘‘(D) pulmonary function tests indicating a
20 percent or more reduction in lung function
as defined by the American Thoracic Society; or
‘‘(E) an arterial blood gas study; and
‘‘(10) the term ‘other medical condition associ-
ated with uranium mining or milling’ means any
medical condition associated with exposure to radi-
ation, heavy metals, chemicals, or other toxic sub-
stances to which miners and millers are exposed in
the mining and milling of uranium.’’.
SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS.
(a) DETERMINATION
AND PAYMENT
OF CLAIMS,
GENERALLY.—Section 6 is amended—
(1) in subsection (b)(1), 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.’’;
(2) by redesignating paragraph (2) of sub-
section (b) as paragraph (5) and by inserting after
paragraph (1) the following:
‘‘(2) EVIDENCE.—In support of a claim for
compensation under section 5 of this Act, the Attor-
ney General shall permit the introduction of, and a
claimant may use and rely upon, affidavits and other
documentary evidence, including medical evidence, to
the same extent as permitted by the Federal Rules
of Evidence.
‘‘(3) INTERPRETATION
OF
RADIOGRAPHS.—
Where radiographs are required in support of a
claim under section 5(a), the submission by claimant
of interpretive reports thereof by at least 2 certified
‘B’ readers shall be considered conclusive. To ensure
the proper interpretation of radiographs by ‘B’ read-
ers, the Attorney General may establish a fair and
random audit procedure.’’;
(3) in subsection (c)(2)(A)(ii), by inserting after
‘‘uranium mine’’ the following: ‘‘or uranium mill’’;
(4) in subsection (c)(2)(B)(ii), by striking ‘‘by
the Federal Government’’ and inserting ‘‘through
the Department of Veterans Affairs’’;
(5) in subsection (d), by inserting at the end
the following: ‘‘For purposes of determining when
the 12 month period has run, 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 Gen-
eral shall make a final determination with respect to
any administrative review within 90 days of the re-
ceipt of the claimant’s request for such review. In
the event the Attorney General fails to render a de-
termination within 12 months, the claim shall be
deemed awarded as a matter of law and paid.’’;
(6) in subsection (e), by inserting after ‘‘ura-
nium mine’’ the following: ‘‘or uranium mill’’;
(7) in subsection (k), by inserting after ‘‘this
Act’’ each place it occurs the following: ‘‘or any sub-
sequent amendment to this Act’’; and
(8) in subsection (l), by adding at the end the
following: ‘‘In the event the reviewing court sets
aside the denial of a claim under this Act as unlaw-
ful, the court shall award claimant reasonable attor-
ney’s fees and costs incurred with respect to the
court’s review. In the event that claimant subse-
quently prevails upon remand on the claimant’s
claim, claimant shall be awarded 8 percent per
annum on the claimant’s claim from the date of the
original denial of the claim. Attorney’s fees, costs,
and interest awarded pursuant to this section shall
be considered costs incurred by the Attorney General
and shall not be paid from the Fund, or set off
against, or otherwise deducted from, any payment
under this section to a claimant.’’.
(b) FURTHERANCE
OF SPECIAL TRUST RESPON-
SIBILITY TO AFFECTED INDIAN TRIBES; SELF-DETER-
MINATION PROGRAM ELECTION.—In furtherance of, and
consistent with, the trust responsibility of the United
States to Native American uranium workers recognized by
the Congress upon adoption of the Radiation Exposure
Compensation Act in 1990, section 6 (as amended by sub-
section (a)) is amended—
(1) in subsection (a), by adding at the end the
following: ‘‘Any such procedures shall take into con-
sideration and incorporate, to the fullest extent fea-
sible, Native American law, tradition, and custom
with respect to the submission and processing of
claims by Native Americans.’’;
(2) in subsection (b), by adding after paragraph
(3) the following:
‘‘(4) PULMONARY FUNCTION STANDARDS.—In
determining the pulmonary impairment of a claim-
ant, the Attorney General shall evaluate the degree
of impairment based on ethnic-specific pulmonary
function standards.’’;
(3) in subsection (b)(5), by striking ‘‘and’’ at
the end of subparagraph (B), by striking the period
at the end of subparagraph (C) and inserting ‘‘;
and’’, and by inserting after subparagraph (C) the
following:
‘‘(D) in consultation with any affected In-
dian tribe, establish guidelines for the deter-
mination of claims filed by Native American
uranium miners and millers pursuant to section
5.’’;
(4) by adding after paragraph (5) of subsection
(b) the following:
‘‘(6) SELF-DETERMINATION
PROGRAM
ELEC-
TION.—
‘‘(A) The Attorney General is authorized,
upon the request of any affected Indian tribe by
tribal resolution, to enter into a self-determina-
tion contract or contracts pursuant to the In-
dian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.) with a tribal
organization of any such Indian tribe to plan,
conduct, and administer the disposition and
award of claims under this Act insofar as mem-
bers of the affected Indian tribe are concerned.
‘‘(B) Upon request of an affected Indian
tribe to enter into such a self-determination
contract, the Attorney General shall approve or
reject the request pursuant to and consistent
with section 102 of such Act (25 U.S.C. 450f).
Such Act shall govern in all respects both as to
the approval and subsequent implementation of
the self-determination contract or in the event
the request for such contract is rejected.
‘‘(C) Notwithstanding any other provision
of law, funds authorized for use by the Attorney
General to carry out the Attorney General’s
functions under section 6(i) are eligible for the
planning, training, implementation, and admin-
istration of any self-determination contract en-
tered into with an affected Indian tribe pursu-
ant to this section.’’; and
(5) in subsection (c)(4), 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 determina-
tion shall take into consideration and give effect
to established law, tradition, and custom of the
particular affected Indian tribe.’’.
SEC. 6. CHOICE OF REMEDIES.
Section 7(b) is amended to read as follows:
‘‘(b) CHOICE OF REMEDIES.—Payment of an award
under any provision of this Act does not preclude payment
of an award under any other provision of this Act, except
that no individual may receive more than 1 award pay-
ment for any compensable cancer or other compensable
disease.’’.
SEC. 7. LIMITATION ON CLAIMS; RETROACTIVE APPLICA-
TION OF AMENDMENTS.
Section 8 is amended to read as follows:—
‘‘SEC. 8. LIMITATION ON CLAIMS.
‘‘(a) BAR.—A claim to which this Act applies shall
be barred unless the claim is filed within 20 years of the