I
106TH CONGRESS
1ST SESSION
H. R. 1045
To amend the Radiation Exposure Compensation Act to provide for partial
restitution to individuals who worked in uranium mines, mills, or trans-
port which provided uranium for the use and benefit of the United
States Government, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 1999
Mr. UDALL of New Mexico (for himself and Mr. SKEEN) 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 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Radiation Exposure Compensation Improvement Act of
1999’’.
(b) FINDINGS.—Congress finds the following:
(1) The intent of the Radiation Exposure Com-
pensation Act (42 U.S.C. 2210 note), enacted in
1990, was to apologize to victims of the weapons
program of the Federal Government, but uranium
workers who have applied for compensation under
the Act have faced a disturbing number of chal-
lenges.
(2) The congressional oversight hearing con-
ducted by the Committee on Labor and Human Re-
sources of the Senate has shown that since passage
of the Radiation Exposure Compensation Act,
former uranium workers and their families have not
received prompt and efficient compensation.
(3) There is no plausible justification for the
Federal Government’s failure to warn and protect
the lives and health of uranium workers.
(4) Progress on implementing the Radiation
Exposure Compensation Act has been impeded by
criteria for compensation that is far more stringent
than for other groups for which compensation is pro-
vided.
(5) The President’s Advisory Committee on
Human Radiation Experiments recommended that
amendments to the Radiation Exposure Compensa-
tion should be made.
(6) Uranium millers, aboveground miners, and
individuals who transported uranium ore should be
provided compensation that is similar to that pro-
vided for underground uranium miners in cases in
which those individuals suffered disease or resultant
death as a result of the failure of the Federal Gov-
ernment to warn of health hazards.
SEC. 2. TRUST FUND.
Section 3(d) of the Radiation Exposure Compensa-
tion Act (42 U.S.C. 2210 note) is amended by striking
‘‘of this Act’’ and inserting ‘‘of the Radiation Exposure
Compensation Improvement Act of 1999’’.
SEC. 3. AFFECTED AREA; CLAIMS RELATING TO SPECIFIED
DISEASES.
(a) AFFECTED AREA.—Section 4(b)(1) of the Radi-
ation Exposure Compensation Act (42 U.S.C. 2210 note)
is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B); and
(2) by adding at the end the following:
‘‘(D) those parts of Arizona, Utah, and
New Mexico comprising the Navajo Nation Res-
ervation that were subjected to fallout from nu-
clear weapons testing conducted in Nevada;
and’’.
(10) by inserting before the period at the end
the following: ‘‘, and chronic lymphocytic leukemia’’.
SEC. 4. URANIUM MINING AND MILLING AND TRANSPORT.
(a) AMENDMENT TO HEADING.—Section 5 of the Ra-
diation Exposure Compensation Act (42 U.S.C. 2210
note) is amended by striking the section heading and in-
serting the following:
‘‘SEC. 5. CLAIMS RELATING TO URANIUM MINING OR MILL-
ING OR TRANSPORT.’’.
(b) MILLING.—Section 5(a) of the Radiation Expo-
sure Compensation Act (42 U.S.C. 2210 note) is
amended—
(1) by striking ‘‘Any’’ and inserting ‘‘Any indi-
vidual who was employed to transport or handle ura-
nium ore or any’’; and
(2) by inserting ‘‘or in any other State in which
uranium was mined, milled, or transported’’ after
‘‘Utah’’.
(c) MINES.—Section 5(a) of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note), as amended by
subsection (a) of this section, is amended by striking ‘‘a
uranium mine’’ and inserting ‘‘a uranium mine (including
a mine located aboveground or an open pit mine in which
uranium miners worked, or a uranium mill)’’.
(d) DATES.—Section 5(a) of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note), as amended by
subsections (b) and (c) of this section, is amended by
striking ‘‘January 1, 1947, and ending on December 31,
1971’’ and inserting ‘‘January 1, 1942, and ending on De-
cember 31, 1990’’.
(e) AMENDMENT OF PERIOD OF EXPOSURE; EXPAN-
SION
OF
COVERAGE; INCREASE
IN
COMPENSATION
AWARDS; AND REMOVAL OF SMOKING DISTINCTION.—
Section 5(a) of the Radiation Exposure Compensation Act
(42 U.S.C. 2210 note), as amended by subsections (b)
through (d) of this section, is amended—
(1) by striking paragraph (1) and all that fol-
lows through the end of the subsection and inserting
the following:
‘‘(2) COMPENSATION.—Any individual shall re-
ceive $200,000 for a claim made under this Act if—
‘‘(A) that individual—
‘‘(i) was exposed to 40 or more work-
ing level months of radiation and submits
written medical documentation that the in-
dividual, after exposure developed—
‘‘(I) lung cancer,
‘‘(II) a nonmalignant respiratory
disease, or
‘‘(III) any other medical condi-
tion associated with uranium mining
or milling, or
‘‘(ii) worked in uranium mining, mill-
ing, or transport for a period of at least 1
year and submits written medical docu-
mentation that the individual, after expo-
sure, developed—
‘‘(I) lung cancer,
‘‘(II) a nonmalignant respiratory
disease, or
‘‘(III) any other medical condi-
tion associated with uranium mining,
milling, or transport,
‘‘(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.’’.
(2) by striking ‘‘(a) ELIGIBILITY OF INDIVID-
UALS.—Any’’ and inserting the following: ‘‘(a) ELI-
GIBILITY.—
‘‘(1) IN GENERAL.—Any’’; and
(3) in paragraph (1), as so designated, by strik-
ing the dash at the end and inserting a period.
(f) CLAIMS RELATED TO HUMAN RADIATION EX-
PERIMENTATION AND DEATH RESULTING FROM CAUSE
OTHER THAN RADIATION.—Section 5 of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) is
amended—
(1) by redesignating subsection (b) as sub-
section (d); and
(2) by inserting after subsection (a) the follow-
ing:
‘‘(b) CLAIMS RELATING TO HUMAN USE RESEARCH
AND
DEATH
RESULTING
FROM
NONRADIOLOGICAL
CAUSES.—
‘‘(1) IN GENERAL.—
‘‘(A) PAYMENT.—Any individual described
in subparagraph (B) shall receive $50,000 if—
‘‘(i) a claim for that payment is filed
with the Attorney General by or on behalf
of that individual; and
‘‘(ii) the Attorney General determines,
in accordance with section 6, that the
claim meets the requirements of this Act.
‘‘(B) DESCRIPTION OF INDIVIDUALS.—An
individual described in this subparagraph is an
individual who—
‘‘(i) was employed in a uranium min-
ing, milling, or transport within any State
referred to in subsection (a) at any time
during the period referred to in that sub-
section, and
‘‘(ii)(I) in the course of that employ-
ment, without the individual’s knowledge
or informed consent, was intentionally ex-
posed to radiation for purposes of testing,
research, study, or experimentation by the
Federal Government (including any agency
of the Federal Government) to determine
the effects of that exposure on the human
body; or
‘‘(II) in the course of or arising out of
the 
individual’s 
employment, 
suffered
death, that, because the individual or the
estate of the individual was barred from
pursuing recovery under a worker’s com-
pensation system or civil action available to
similarly situated employees of mines or
mills that are not uranium mines or mills,
is not otherwise—
‘‘(aa) compensable under sub-
section (a); or
‘‘(bb) redressable.
‘‘(2) PAYMENTS.—Payments under this sub-
section may be made only in accordance with section
6.’’.
(g) OTHER INJURY OR DISABILITY.—Section 5 of the
Radiation Exposure Compensation Act (42 U.S.C. 2210
note), as amended by subsection (f) of this section, is
amended by adding after subsection (b) the following:
‘‘(c) OTHER INJURY OR DISABILITY.—
‘‘(1) IN GENERAL.—
‘‘(A) PAYMENT.—Any individual described
in subparagraph (B) shall receive $20,000 if—
‘‘(i) a claim for that payment is filed
with the Attorney General by or on behalf
of that individual; and
‘‘(ii) the Attorney General determines,
in accordance with section 6, that the
claim meets the requirements of this Act.
‘‘(B) DESCRIPTION OF INDIVIDUALS.—An
individual described in this subparagraph is an
individual who—
‘‘(i) was employed in a uranium mine
or mill or transported uranium ore within
any State referred to in subsection (a) at
any time during the period referred to in
that subsection; and
‘‘(ii) submits written medical docu-
mentation that individual suffered injury
or disability, arising out of or in the course
of the individual’s employment that, be-
cause the individual or the estate of the in-
dividual was barred from pursuing recov-
ery under a worker’s compensation system
or civil action available to similarly situ-
ated employees of mines or mills that are
not uranium mines or mills, is not
otherwise—
‘‘(I) compensable under sub-
section (a); or
‘‘(II) redressable.
‘‘(2) PAYMENTS.—Payments under this sub-
section may be made only in accordance with section
6.’’.
(h) DEFINITIONS.—Subsection (d) of section 5 of the
Radiation Exposure Compensation Act (42 U.S.C. 2210
note), as redesignated by subsection (f) of this section, is
amended—
(1) in paragraph (1)—
(A) by striking ‘‘radiation exposure’’ and
inserting ‘‘exposure to radon and radon prog-
eny’’; and
(B) by inserting ‘‘based on a 6-day work-
week,’’ after ‘‘every work day for a month,’’;
(2) by striking paragraph (2) and inserting the
following:
‘‘(2) 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 were employed
where uranium mining or milling was conducted;’’;
(3) by striking paragraphs (3) and (4); and
(4) by adding at the end the following:
‘‘(3) the term ‘course of employment’ means—
‘‘(A) any period of employment in a ura-
nium mine or uranium mill before or after De-
cember 31, 1971, or
‘‘(B) the cumulative period of employment
in both a uranium mine and uranium mill in
any case in which an individual was employed
in both a uranium mine and a uranium mill;
‘‘(4) 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 any in
situ cancer;
‘‘(5) 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;
‘‘(6) the term ‘other medical condition associ-
ated with uranium mining, milling, or uranium
transport’ means any medical condition associated
with exposure to radiation, heavy metals, chemicals,
or other toxic substances to which miners and mil-
lers are exposed in the mining and milling of ura-
nium;
‘‘(7) the term ‘uranium mill’ includes milling
operations involving the processing of uranium ore
or vanadium-uranium ore, including carbonate and
acid leach plants;
‘‘(8) the term ‘uranium transport’ means
human physical contact involved in moving uranium
ore from 1 site to another, including mechanical con-
veyance, physical shoveling, or driving a vehicle;
‘‘(9) the term ‘uranium mine’ means any under-
ground excavation, including dog holes, open pit,
strip, rim, surface, or other aboveground mines,
where uranium ore or vanadium-uranium ore was
mined or otherwise extracted;
‘‘(10) the term ‘working level’ means the con-
centration of the short half-life daughters (known as
‘progeny’) of radon that will release (1.3 x 105) mil-
lion electron volts of alpha energy per liter of air;
and
‘‘(11) the term ‘written medical documentation’
for purposes of proving a nonmalignant respiratory
disease means, in any case in which the claimant is
living—
‘‘(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 a 1989 report of the International
Labour Office (known as the ‘ILO’), or subse-
quent revisions;
‘‘(B) a high resolution computed tomog-
raphy scan (commonly known as an ‘HCRT
scan’) and any interpretive report for that scan;
‘‘(C) a pathology report of a tissue biopsy;
‘‘(D) a pulmonary function test indicating
restrictive lung function (as defined by the
American Thoracic Society); or
‘‘(E) an arterial blood gas study.’’.
SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS.
(a) DETERMINATION
AND PAYMENT
OF CLAIMS,
GENERALLY.—Section 6 of the Radiation Exposure Com-
pensation Act (42 U.S.C. 2210 note) is amended—
(1) in subsection (b)—
(A) in paragraph (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 claim-
ant.’’;
(B) by redesignating paragraph (2) as
paragraph (5); and
(C) by inserting after paragraph (1) the
following:
‘‘(2) EVIDENCE.—In support of a claim for
compensation under section 5, the Attorney 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 ex-
tent as permitted by the Federal Rules of Evidence.
‘‘(3) INTERPRETATION OF CHEST X-RAYS.—For
purposes of this Act, a chest x-ray and the accom-
panying interpretive report required in support of a
claim under section 5(a), shall—
‘‘(A) be considered to be conclusive, and
‘‘(B) be subject to a fair and random audit
procedure established by the Attorney General.
‘‘(4) CERTAIN WRITTEN DIAGNOSES.—
‘‘(A) IN GENERAL.—For purposes of this
Act, in any case in which a written diagnosis is
made by a physician described in subparagraph
(B) of a nonmalignant pulmonary disease or
lung cancer of a claimant that is accompanied
by written medical documentation that meets
the definition of that term under subsection
(b)(11), that written diagnosis shall be consid-
ered to be conclusive evidence of that disease.
‘‘(B) DESCRIPTION
OF
PHYSICIANS.—A
physician described in this subparagraph is a
physician who—
‘‘(i) is employed by—
‘‘(I) the Indian Health Service of
the 
Department 
of 
Health 
and
Human Services, or
‘‘(II) the Department of Veterans
Affairs, and
‘‘(ii) is responsible for examining or
treating the claimant involved.’’;
(2) in subsection (c)(2)—
(A) in subparagraph (A)(ii), by striking
‘‘in a uranium mine’’ and inserting ‘‘in uranium
mining, milling, or transport’’; and
(B) in subparagraph (B)(ii), by striking
‘‘by the Federal Government’’ and inserting
‘‘through the Department of Veterans Affairs’’;
(3) in subsection (d)—
(A) by striking ‘‘(d) ACTION ON CLAIMS.—
The Attorney General’’ and inserting the follow-
ing:
‘‘(d) ACTION ON CLAIMS.—
‘‘(1) IN
GENERAL.—The Attorney General’’;
and
(B) by adding at the end the following:
‘‘(2) DETERMINATION
OF
PERIOD.—For pur-
poses of determining the tolling of the 12-month pe-
riod under paragraph (1), a claim under this Act
shall be considered to have been filed as of the date
of the receipt of that claim by the Attorney General.
‘‘(3) ADMINISTRATIVE REVIEW.—If the Attor-
ney General denies a claim referred to in paragraph
(1), the claimant shall be permitted a reasonable pe-
riod of time in which to seek administrative review
of the denial by the Attorney General.
‘‘(4) FINAL
DETERMINATION.—The Attorney
General shall make a final determination with re-
spect to any administrative review conducted under
paragraph (3) not later than 90 days after the re-
ceipt of the claimant’s request for that review.
‘‘(5) EFFECT OF FAILURE TO RENDER A DE-
TERMINATION.—If the Attorney General fails to
render a determination during the 12-month period
under paragraph (1), the claim shall be deemed
awarded as a matter of law and paid.’’;
(4) in subsection (e), by striking ‘‘in a uranium
mine’’ and inserting ‘‘uranium mining, milling, or
transport’’;
(5) in subsection (k), by adding at the end the
following: ‘‘With respect to any amendment made to
this Act after the date of enactment of this Act, the
Attorney General shall issue revised regulations,
guidelines, and procedures to carry out that amend-
ment not later than 180 days after the date of en-
actment of that amendment.’’; and
(6) in subsection (l)—
(A) by striking ‘‘(l) JUDICIAL REVIEW.—
An individual’’ and inserting the following:
‘‘(l) JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—An individual’’; and
(B) by adding at the end the following:
‘‘(2) ATTORNEY’S FEES.—If the court that con-
ducts a review under paragraph (1) sets aside a de-
nial of a claim under this Act as unlawful, the court
shall award claimant reasonable attorney’s fees and
costs incurred with respect to the court’s review.
‘‘(3) INTEREST.—If, after a claimant is denied
a claim under this Act, the claimant subsequently
prevails upon remand of that claim, the claimant
shall be awarded interest on the claim at a rate
equal to 8 percent, calculated from the date of the
initial denial of the claim.
‘‘(4) TREATMENT OF ATTORNEY’S FEES, COSTS,
AND INTEREST.—Any attorney’s fees, costs, and in-
terest awarded under this section shall—
‘‘(A) be considered to be costs incurred by
the Attorney General, and
‘‘(B) not be paid from the Fund, or set off
against, or otherwise deducted from, any pay-
ment to a claimant under this section.’’.
(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
Congress in enacting the Radiation Exposure Compensa-
tion Act (42 U.S.C. 2210 note), section 6 of that Act, as
amended by subsection (a) of this section, is amended—
(1) in subsection (a), by adding at the end the
following: ‘‘In establishing any such procedure, the
Attorney General 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.’’;
(2) in subsection (b), by inserting after para-
graph (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)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (B);
(B) by striking the period at the end of
subparagraph (C) and inserting ‘‘; and’’; and
(C) 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, millers, and transport workers
pursuant to section 5.’’;
(4) in subsection (b), by adding after paragraph
(5) the following:
‘‘(6) SELF-DETERMINATION
PROGRAM
ELEC-
TION.—
‘‘(A) IN GENERAL.—The Attorney General
on the request of any affected Indian tribe by
tribal resolution, may enter into 1 or more self-
determination contracts with a tribal organiza-
tion of that Indian tribe pursuant to the Indian
Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.) to plan, conduct,
and administer the disposition and award of
claims under this Act to the extent that mem-
bers of the affected Indian tribe are concerned.
‘‘(B) APPROVAL.—(i) On the request of an
affected Indian tribe to enter into a self-deter-
mination contract referred to in subparagraph
(A), the Attorney General shall approve or re-
ject the request in a manner consistent with
section 102 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C.
450f).
‘‘(ii) The Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et
seq.) shall apply to the approval and subsequent
implementation of a self-determination contract
entered into under clause (i) or any rejection of
such a contract, if that contract is rejected.
‘‘(C) USE
OF
FUNDS.—Notwithstanding
any other provision of law, funds authorized for
use by the Attorney General to carry out the
functions of the Attorney General under sub-
section (i) may be used for the planning, train-
ing, implementation, and administration of any
self-determination contract that the Attorney
General enters into with an affected Indian
tribe under this section.’’; and
(5) in subsection (c)(4), by adding at the end
the following:
‘‘(D) APPLICATION OF NATIVE AMERICAN
LAW.—In determining the eligibility of individ-
uals to receive compensation under this Act by
reason of marriage, relationship, or survivor-
ship, the Attorney General shall take into con-
sideration and give effect to established law,
tradition, and custom of affected Indian
tribes.’’.
SEC. 6. CHOICE OF REMEDIES.
Section 7(b) of the Radiation Exposure Compensa-
tion Act (42 U.S.C. 2210 note) is amended to read as
follows:
‘‘(b) CHOICE OF REMEDIES.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (1), the payment of an award under any pro-
vision of this Act does not preclude the payment of
an award under any other provision of this Act.
‘‘(2) LIMITATION.—No individual may receive
more than 1 award payment for any compensable
cancer or other compensable disease.’’.
SEC. 7. LIMITATION ON CLAIMS; RETROACTIVE APPLICA-
TION OF AMENDMENTS.
Section 8 of the Radiation Exposure Compensation
Act (42 U.S.C. 2210 note) is amended to read as follows:
‘‘SEC. 8. LIMITATION ON CLAIMS.
‘‘(a) BAR.—After the date that is 20 years after the
date of enactment of the Radiation Exposure Compensa-
tion Improvement Act no claim may be filed under this
Act.
‘‘(b) APPLICABILITY OF AMENDMENTS.—The amend-
ments made to this Act by the Radiation Exposure Com-
pensation Improvement Act shall apply to any claim under
this Act that is pending or commenced on or after October
5, 1990, without regard to whether payment for that claim
could have been awarded before the date of enactment of
the Radiation Exposure Compensation Improvement Act
as the result of previous filing and prior payment under
this Act.’’.
SEC. 8. REPORT.
Section 12 of the Radiation Exposure Compensation
Act (42 U.S.C. 2210 note) is amended—
(1) by striking the section heading and insert-
ing the following:
‘‘SEC. 12. REPORTS.’’;
and
(2) by adding at the end the following:
‘‘(c) URANIUM MILL AND MINE REPORT.—Not later
than January 1, 2001, the Secretary of Health and
Human Services in consultation with the Secretary of En-
ergy shall prepare and submit to Congress a report that—
‘‘(1) summarizes medical knowledge concerning
adverse health effects sustained by residents of com-
munities who reside adjacent to—
‘‘(A) uranium mills or mill tailings,
‘‘(B) aboveground uranium mines, or
‘‘(C) open pit uranium mines; and
‘‘(2) summarizes available information concern-
ing the availability and accessibility of medical care
that incorporates the best available standards of
practice for individuals with malignancies and other
compensable diseases relating to exposure to ura-
nium as a result of uranium mining and milling ac-
tivities;
‘‘(3) summarizes the reclamation efforts with
respect to uranium mines, mills, and mill tailings in
Colorado, New Mexico, Arizona, Wyoming, and
Utah; and
‘‘(4) makes recommendations for further ac-
tions to ensure health and safety relating to the ef-
forts referred to in paragraph (3).’’.
Æ