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 com-
pensation to certain claimants under such Act, 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. RADIATION EXPOSURE COMPENSATION TECH-
NICAL AMENDMENTS.
(a) IN GENERAL.—The Radiation Exposure Com-
pensation Act (42 U.S.C. 2210 note) is amended—
(1) in section 4(b)(1)(C), by inserting ‘‘, and
that part of Arizona that is north of the Grand Can-
yon’’ after ‘‘Gila’’;
(2) in section 4(b)(2)—
(A) by striking ‘‘lung cancer (other than in
situ lung cancer that is discovered during or
after a post-mortem exam),’’; and
(B) by striking ‘‘or liver (except if cirrhosis
or hepatitis B is indicated).’’ and inserting
‘‘liver (except if cirrhosis or hepatitis B is indi-
cated), or lung.’’;
(3) in section 5(a)(1)(A)(ii)(I), by inserting ‘‘or
worked for at least 1 year during the period de-
scribed under clause (i)’’ after ‘‘months of radi-
ation’’;
(4) in section 5(a)(2)(A), by striking ‘‘an Atom-
ic Energy Commission’’ and inserting ‘‘a’’;
(5) in section 5(b)(5), by striking ‘‘or lung can-
cer’’;
(6) in section 5(c)(1)(B)(i), by striking ‘‘or lung
cancer’’;
(7) in section 5(c)(2)(B)(i), by striking ‘‘or lung
cancer’’;
(8) in section 6(e)—
(A) by striking ‘‘The’’ and inserting ‘‘Ex-
cept as otherwise authorized by law, the’’; and
(B) by inserting ‘‘, mill, or while employed
in the transport of uranium ore or vanadium-
uranium ore from such mine or mill’’ after ‘‘ra-
diation in a uranium mine’’;
(9) in section 6(i), by striking the second sen-
tence;
(10) in section 6(j), by adding at the end the
following: ‘‘Not later than 180 days after the date
of enactment of the Radiation Exposure Compensa-
tion Act Amendments of 2000, the Attorney General
shall issue revised regulations to carry out this
Act.’’;
(11) in section 6, by adding at the end the fol-
lowing:
‘‘(m) SUBSTANTIATION BY AFFIDAVITS.—
‘‘(1) IN GENERAL.—The Attorney General shall
take such action as may be necessary to ensure that
the procedures established by the Attorney General
under this section provide that a substantiation may
be made by an individual filing a claim under those
procedures by means of an affidavit described under
paragraph (2), in addition to any other material that
may be used to substantiate—
‘‘(A) employment history for purposes of
determining working level months; or
‘‘(B) the residence of an individual filing a
claim under section 4.
‘‘(2) AFFIDAVITS.—An affidavit referred to
under paragraph (1) is an affidavit that—
‘‘(A) meets such requirements as the At-
torney General may establish; and
‘‘(B) is made by a person other than the
individual filing the claim that attests to the
employment history or residence of the claim-
ant.’’;
(12) in section 7, by amending subsection (b) to
read as follows:
‘‘(b) CHOICE OF REMEDIES.—No individual may re-
ceive more than 1 payment under this Act.’’; and
(13) by adding at the end the following:
‘‘SEC. 14. GAO REPORTS.
‘‘(a) IN GENERAL.—Not later than 18 months after
the date of enactment of the Radiation Exposure Com-
pensation Act Amendments of 2000, and every 18 months
thereafter, the General Accounting Office shall submit a
report to Congress containing a detailed accounting of the
administration of this Act by the Department of Justice.
‘‘(b) CONTENTS.—Each report submitted under this
section shall include an analysis of—
‘‘(1) claims, awards, and administrative costs
under this Act; and
‘‘(2) the budget of the Department of Justice
relating to this Act.’’.
(b) CONFORMING AMENDMENTS.—Section 3 of the
Radiation Exposure Compensation Act Amendments of
2000 (Public Law 106–245) is amended by striking sub-
sections (e) and (i).
SEC. 2. COMPENSATION FOR CERTAIN CLAIMANTS UNDER
THE RADIATION EXPOSURE COMPENSATION
ACT.
(a) IN GENERAL.—Section 3630 of the Energy Em-
ployees Occupational Illness Compensation Program Act
of 2000, as enacted into law by Public Law 106–398, is
amended to read as follows:
‘‘SEC. 3630. SEPARATE TREATMENT OF CERTAIN CLAIM-
ANTS UNDER THE RADIATION EXPOSURE
COMPENSATION ACT.
‘‘(a) COMPENSATION PROVIDED.—An individual who
receives, or has received, a payment under section 4 or
5 of the Radiation Exposure Compensation Act (42 U.S.C.
2210 note) for a claim made under that Act (in this sec-
tion referred to as a ‘covered individual’), or the survivor
of that covered individual if the individual is deceased,
shall receive compensation under this section in the
amount of $50,000.
‘‘(b) MEDICAL BENEFITS.—A covered individual
shall receive medical benefits under section 3629 for the
illness for which that individual received a payment under
section 4 or 5 of that Act.
‘‘(c) COORDINATION WITH RECA.—The compensa-
tion and benefits provided in subsections (a) and (b) are
separate from any compensation or benefits provided
under that Act.
‘‘(d) PAYMENT FROM COMPENSATION FUND.—The
compensation provided under this section, when author-
ized or approved by the President, shall be paid from the
compensation fund established under section 3612.
‘‘(e) SURVIVORS.—(1) Subject to the provisions of
this section, if a covered individual dies before the effective
date specified in subsection (g), whether or not the death
is a result of the illness specified in subsection (b), a sur-
vivor of that individual may, on behalf of that survivor
and any other survivors of that individual, receive the com-
pensation provided for under this section.
‘‘(2) The right to receive compensation under this
section shall be afforded to survivors in the same order
of precedence as that set forth in section 8109 of title 5,
United States Code.
‘‘(f) PROCEDURES REQUIRED.—The President shall
establish procedures to identify and notify each covered
individual, or the survivor of that covered individual if that
individual is deceased, of the availability of compensation
and benefits under this section.
‘‘(g) EFFECTIVE DATE.—This section shall take ef-
fect on July 31, 2001, unless Congress provides otherwise
in an Act enacted before that date.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) The table of sections for the Energy Employees Occu-
pational Illness Compensation Program Act of 2000 is
amended by striking the item relating to section 3630 and
inserting the following:
‘‘Sec.
3630.
Separate treatment of certain claimants under the Radi-
ation Exposure Compensation Act.’’.
(2) Section 3641 of the Energy Employees Occupa-
tional Illness Compensation Program Act of 2000, as en-
acted into law by Public Law 106–398, is amended—
(A) by striking ‘‘covered uranium employee’’
and inserting ‘‘covered individual’’; and
(B) by adding at the end the following: ‘‘Noth-
ing in this section shall be construed to offset any
payment of compensation under section 3630 and
any payment under the Radiation Exposure Com-
pensation Act (42 U.S.C. 2210 note).’’.
SEC. 3. RADIATION EXPOSURE COMPENSATION.
Section 3(e) of the Radiation Exposure Compensation
Act (42 U.S.C. 2210 note) is amended—
(1) in the subsection heading by striking the
first 2 words and inserting ‘‘INDEFINITE’’; and
(2) by striking ‘‘authorized to be’’.
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