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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowering Parents and Teachers for 
a Drug-Free Education Act of 2004''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Fifty-four percent of high school seniors in 2001 had 
        used an illicit drug in their lifetime.
            (2) Forty-two percent of 12th graders, 37 percent of 10th 
        graders, and 20 percent of 8th graders in 2001 had used an 
        illicit drug in the past year.
            (3) Eighty percent of 12th graders, 70 percent of 10th 
        graders, and 51 percent of 8th graders in 2001 had used alcohol 
        in their lifetime.
            (4) Sixty-four percent of 12th graders, 48 percent of 10th 
        graders, and 23 percent of 8th graders in 2001 had been 
        intoxicated.
            (5) Use of 3,4-methylenedioxy methamphetamine (commonly 
        referred to as ``MDMA'' or ``ecstasy'') by 12th graders 
        increased from 6 percent in 1998 to 11.7 percent in 2001.
            (6) Schoolchildren who use and abuse addictive illicit 
        drugs or alcohol increase the risk to the health and safety of 
        all students and impact the learning environment of the school 
        because--
                    (A) use of illicit drugs or alcohol can lead to 
                serious health effects, the development of life-
                threatening diseases, and even death;
                    (B) use of illicit drugs like marijuana or ecstasy 
                kills brain cells in the learning centers of the brain, 
                directly impacting a student's ability to learn in 
                school;
                    (C) chemicals left in the central nervous system 
                after using marijuana cause the brain to be irritated 
                and uncontrollable, resulting in disruptive behavior in 
                the classroom;
                    (D) students who smoke cigarettes or use other 
                illicit drugs have been shown to have less desire to 
                learn, resulting in lower grade point averages when 
                compared to other students; and
                    (E) students who use illicit drugs or alcohol have 
                a higher rate of breaking school rules.

SEC. 3. DRUG-FREE SCHOOL DEMONSTRATION PROGRAMS.

    (a) Demonstration Programs.--Part A of title IV of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.; also known 
as the ``Safe and Drug-Free Schools and Communities Act'') is amended--
            (1) by redesignating subpart 4 as subpart 5; and
            (2) by inserting after subpart 3 the following:

          ``Subpart 4--Drug-Free School Demonstration Programs

``SEC. 4145. DRUG-FREE SCHOOL DEMONSTRATION PROGRAMS.

    ``(a) Grants.--The Secretary may make grants to local educational 
agencies and private schools to establish drug-free school 
demonstration programs described in subsection (b).
    ``(b) Requirements.--A grant may be made under subsection (a) only 
if the local educational agency or private school involved agrees to 
use the funds received under the grant to establish a drug-free school 
demonstration program that--
            ``(1) includes, consistent with the fourth amendment to the 
        Constitution of the United States, random drug testing of 
        students;
            ``(2) requires that any such testing be conducted using 
        only drug tests approved by the Food and Drug Administration;
            ``(3) requires that any analysis of such testing be 
        conducted by a drug-testing laboratory certified by the 
        Substance Abuse and Mental Health Services Administration, or 
        approved by the College of American Pathologists, for forensic 
        drug testing;
            ``(4) requires a review of each positive test result by a 
        medical review officer;
            ``(5) prohibits any disclosure to law enforcement officials 
        of the results of the random drug testing;
            ``(6) requires that drug-testing records be kept strictly 
        confidential in accordance with subsection (c);
            ``(7) requires, upon the submission of a report by a 
        medical review officer under subsection (c)(3) relating to a 
        preliminary positive test result, the destruction of all 
        records relating to the result if the medical review officer 
        does not confirm the result;
            ``(8) requires the destruction of all records relating to 
        drug or alcohol testing of a student when the student graduates 
        or otherwise leaves the local educational agency or private 
        school involved;
            ``(9) ensures that the parents of the students to be tested 
        are informed in detail about the random drug-testing program;
            ``(10) provides parents the right to withdraw their child 
        from participation in the random drug-testing program, and 
        ensures that parents receive notification of such right at the 
        beginning of every school year;
            ``(11) includes a clear, written policy on school behavior 
        that--
                    ``(A) prohibits students from attending school or 
                school activities under the influence of illegal drugs 
                or alcohol;
                    ``(B) prohibits the use or possession of illegal 
                drugs in school; and
                    ``(C) sets forth the consequences of violating the 
                prohibitions described in subparagraphs (A) and (B);
            ``(12) provides drug and alcohol abuse prevention training 
        for a total of not less than 2 hours for each student and staff 
        member of the local educational agency or private school 
        involved;
            ``(13) provides student access to a student assistance 
        program, including confidential assessment, referral, and 
        short-term problem resolution; and
            ``(14) provides continuing alcohol, tobacco, and drug abuse 
        prevention education.
    ``(c) Privacy Protection.--Each drug-free school demonstration 
program established with assistance made available under this section 
shall--
            ``(1) include, as reasonably necessary and appropriate, 
        practices and procedures to ensure the confidentiality of 
        student drug test results and of any participation by a student 
        in a treatment or rehabilitation program;
            ``(2) prohibit the mandatory disclosure of medical 
        information by a student unless the student tests positive for 
        drugs; and
            ``(3) require a medical review officer reviewing student 
        drug test results to report the final results of such tests in 
        writing and in a manner designed to ensure the confidentiality 
        of the results.
    ``(d) Technical Assistance.--To the extent or in the amounts 
provided in advance in appropriations Acts, the Secretary may enter 
into contracts with public and private entities to provide assistance 
related to carrying out the drug-free school demonstration programs 
established pursuant to this section.
    ``(e) Applications.--To seek a grant under this section, a local 
educational agency or private school shall submit an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require.
    ``(f) Definitions.--For purposes of this section:
            ``(1) The term `medical review officer'--
                    ``(A) means a licensed physician with knowledge of 
                substance abuse disorders; and
                    ``(B) does not include any--
                            ``(i) employee of the school involved; or
                            ``(ii) employee or agent of, or any person 
                        having a financial interest in, the laboratory 
                        for which the drug test results are being 
                        reviewed.
            ``(2) The term `student' means any individual enrolled on 
        school records as eligible to attend, or actually attending, 
        school for educational purposes in any of grades 8 through 
        12.''.
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Secretary of Education shall submit to the 
Congress a report on the results of the drug-free school demonstration 
programs established with assistance under this section.
    (c) Authorization of Appropriations.--Section 4003 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7103) is 
amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) $25,000,000 for fiscal year 2005, and for each of 
        fiscal years 2006 and 2007, for drug-free school demonstration 
        programs under subpart 4.''.
    (d) Conforming Amendment.--The table of contents at section 2 of 
the Elementary and Secondary Education Act of 1965 is amended--
            (1) by redesignating the item relating to subpart 4 of part 
        A of title IV as the item relating to subpart 5 of part A of 
        title IV; and
            (2) by inserting after the item relating to section 4141 
        the following:

          ``subpart 4--drug-free school demonstration programs
``4145. Drug-free school demonstration programs.''.
Empowering Parents and Teachers for a Drug-Free Education Act of 2004 - Amends the Elementary and Secondary Education Act of 1965 (under provisions which are also known as the Safe and Drug-Free Schools and Communities Act) to authorize the Secretary of Education to make grants to local educational agencies and private schools to establish drug-free school demonstration programs that include random drug testing of students and meet other specified requirements.

SECTION 1. FINDINGS.

    The Congress makes the following findings:
            (1) Jesse Louis Jackson, Sr. was born on October 8, 1941, 
        in Greenville, South Carolina.
            (2) In 1965 Jesse L. Jackson, Sr. joined the civil rights 
        movement full-time, beginning his activism as a student leader 
        in the sit-in movement and continuing as a young organizer for 
        the Southern Christian Leadership Conference as an assistant to 
        Dr. Martin Luther King, Jr.
            (3) On June 30, 1968, Jesse L. Jackson, Sr. became an 
        ordained minister, having attended the Chicago Theological 
        Seminary.
            (4) Jesse L. Jackson, Sr. served as the national director 
        for Operation Breadbasket and, in 1971 in Chicago, Illinois, 
        founded People United to Save Humanity, known as PUSH.
            (5) In 1984 Jesse L. Jackson, Sr. founded the National 
        Rainbow Coalition, a national social justice organization 
        devoted to political empowerment and to expanding educational 
        and employment opportunities for disadvantaged people and for 
        communities of color.
            (6) In 1996 Jesse L. Jackson, Sr. merged the National 
        Rainbow Coalition and PUSH to continue the philosophies of both 
        organizations and to maximize their resources.
            (7) Jesse L. Jackson, Sr. is, and has been for more than 30 
        years, one of the foremost political figures in the United 
        States, playing a pivotal role in virtually every movement for 
        human rights, civil rights, peace, gender equality, 
        empowerment, and economic and social justice.
            (8) Jesse L. Jackson, Sr. has been and continues to be 
        counted on to serve as a champion and spokesman for a segment 
        of the population whose voices all too often are not heard.
            (9) Jesse L. Jackson, Sr. has been called the ``conscience 
        of the Nation'' and the ``great unifier'', challenging the 
        United States to establish just and humane priorities.
            (10) Jesse L. Jackson, Sr. has led a myriad of successful 
        delegations, marches, and missions for justice, peace, and 
        reconciliation.
            (11) Jesse L. Jackson, Sr. is a highly respected world 
        leader who has acted on many occasions as an international 
        diplomat.
            (12) In 1984 Jesse L. Jackson, Sr. secured the release of a 
        captured Navy pilot, Lieutenant Robert Goodman, who was shot 
        down over Lebanon. He also negotiated the release of 22 
        Americans and 26 Cubans in Cuba during 1984.
            (13) In 1990 Jesse L. Jackson, Sr. won the release of 
        hundreds of foreign nationals, including 47 Americans, being 
        held in Iraq and Kuwait by Saddam Hussein.
            (14) In October 1997 Jesse L. Jackson, Sr. was appointed by 
        President William Jefferson Clinton and by Secretary of State 
        Madeleine K. Albright as the Special Envoy of the President and 
        the Secretary of State for the Promotion of Democracy in 
        Africa.
            (15) On May 2, 1999, Jesse L. Jackson, Sr. obtained the 
        negotiated release of Army Specialist Steven M. Gonzales and 
        Staff Sergeants Christopher J. Stone and Andrew Ramirez, 3 
        United States soldiers who had spent 32 days in captivity in 
        Yugoslavia as prisoners of war and hostages.
            (16) Jesse L. Jackson, Sr. has dedicated his life to the 
        principles of freedom, peace, justice, international good will, 
        and the struggle for civil rights and equality for Americans 
        and for all peoples, at home and abroad.

SEC. 2. CONGRESSIONAL GOLD MEDAL.

    (a) Presentation Authorized.--The President is authorized to 
present, on behalf of the Congress, a gold medal of appropriate design 
to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring 
contributions to the Nation.
    (b) Design and Striking.--For the purpose of the presentation 
referred to in subsection (a), the Secretary of the Treasury shall 
strike a gold medal with suitable emblems, devices, and inscriptions, 
to be determined by the Secretary.
    (c) Authorization of Appropriation.--Effective February 1, 1999, 
there are authorized to be appropriated $30,000 to carry out this 
section.

SEC. 3. DUPLICATE MEDALS.

    (a) Striking and Sale.--The Secretary of the Treasury may strike 
and sell duplicates in bronze of the gold medal struck under section 2 
under such regulations as the Secretary may prescribe, at a price 
sufficient to cover the cost thereof, including labor, materials, dies, 
use of machinery, and overhead expenses, and the cost of the gold 
medal.
    (b) Reimbursement of Appropriation.--The appropriation used to 
carry out section 2 shall be reimbursed out of the proceeds of sales 
under subsection (a).

SEC. 4. NATIONAL MEDALS.

    The medals struck under this Act are national medals for purposes 
of chapter 51 of title 31, United States Code.
Authorizes the President to present to Jesse L. Jackson, on behalf of the Congress, a gold medal in recognition of his outstanding and enduring contributions to the Nation. 
Authorizes appropriations.

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 amendment 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 provision 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 information has 
        become available to support the view that criteria imposed upon 
        qualifications for compensation for uranium miners are too 
        restrictive and exclude individuals who have suffered injury as 
        a result of work performed for the use and benefit of the 
        United States Government;
            (2) documentation requirements to provide a reconstruction 
        of a uranium miner's work history and radiation exposure in 
        order to qualify for compensation 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 compensation similar to that for 
        underground uranium miners where such individuals have suffered 
        injury and death as a result of work performed for the primary 
        use and benefit of the United States Government; and
            (4) compensation should be provided to uranium miners whose 
        constitutional rights were violated as a result of their having 
        been, without their knowledge or consent, intentionally placed 
        at unnecessary 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 subparagraph (C) the following:
                    ``(D) those parts of Arizona, Utah, and New Mexico 
                comprising the Navajo Nation Reservation 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, Expansion 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 individual, 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 individual, after such exposure, developed a 
        nonmalignant 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 accordance 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 determine 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 accordance 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 
injury or disability, not otherwise compensable under subsection (a), 
arising out of or in the course of the individual'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 determines, in accordance 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.''.
    (g) Definitions.--Subsection (d) (as so redesignated) of section 5 
is amended--
            (1) in paragraph (1) by striking ``radiation exposure'' 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 workweek,'';
            (2) paragraph (2) is amended to read as follows:
            ``(2) the term `working level' means the concentration of 
        the short half-life daughters (progeny) of radon that will 
        release (1.3 x 10&lt;SUP&gt;5&lt;/SUP&gt;) 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 disease' means 
        fibrosis of the lung, pulmonary fibrosis, corpulmonale related 
        to pulmonary fibrosis, or moderate or severe silicosis or 
        pneumoconiosis;
            ``(4) the term `affected Indian tribe' means any Indian 
        tribe, band, nation, pueblo, or other organized group or 
        community, that is recognized as eligible 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 mining or 
        milling was conducted;
            ``(5) the term `lung cancer' means any physiological 
        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 underground 
        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 accordance with 
                standard techniques and the interpretive reports 
                thereof by 2 certified `B' readers classifying the 
                existence of the nonmalignant respiratory disease of 
                category 1/0 or higher according to the ILO 1989, or 
                subsequent revisions;
                    ``(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 associated with 
        uranium mining or milling' means any medical condition 
        associated with exposure to radiation, heavy metals, chemicals, 
        or other toxic substances 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 subsection (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 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 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' 
        readers, 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 General shall 
        make a final determination with respect to any administrative 
        review within 90 days of the receipt of the claimant's request 
        for such review. In the event the Attorney General fails to 
        render a determination within 12 months, the claim shall be 
        deemed awarded as a matter of law and paid.'';
            (6) in subsection (e), by inserting after ``uranium mine'' 
        the following: ``or uranium mill'';
            (7) in subsection (k), by inserting after ``this Act'' each 
        place it occurs the following: ``or any subsequent 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 unlawful, the court shall award 
        claimant reasonable attorney's fees and costs incurred with 
        respect to the court's review. In the event that claimant 
        subsequently 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 Responsibility to Affected Indian 
Tribes; Self-Determination 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 subsection (a)) is amended--
            (1) in subsection (a), by adding at the end the following: 
        ``Any such procedures 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 adding after paragraph (3) the 
        following:
            ``(4) Pulmonary function standards.--In determining the 
        pulmonary impairment of a claimant, 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 Indian 
                tribe, establish guidelines for the determination 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 election.--
                    ``(A) The Attorney General is authorized, upon the 
                request of any affected Indian tribe by tribal 
                resolution, to enter into a self-determination contract 
                or contracts pursuant to the Indian Self-Determination 
                and Education Assistance 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 members 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 administration of any self-
                determination contract entered into with an affected 
                Indian tribe pursuant 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 determination 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 payment for any compensable cancer or other compensable 
disease.''.

SEC. 7. LIMITATION ON CLAIMS; RETROACTIVE APPLICATION 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 date of the enactment 
of the Radiation Workers Justice Act of 1998.
    ``(b) Amendments.--The amendments made by the Radiation Workers 
Justice Act of 1998 shall be retroactive to October 5, 1990. The 
amendments shall apply to any claim filed under this Act, whether 
accrued before or after the date of enactment of such Act, regardless 
of whether such claim may have been previously awarded as the result of 
previous filing and prior payment under this Act.''.

Radiation Workers Justice Act of 1998 - Amends the Radiation Exposure Compensation Act to extend the Radiation Exposure Compensation Trust Fund to 22 years after the date of enactment of this Act. 
(Sec. 3) Includes within the purview of the Radiation Exposure Compensation Act those parts of Arizona, Utah, and New Mexico composing the Navajo National Reservation which were subjected to fallout from nuclear weapons testing conducted in Nevada. 
(Sec. 4) Prescribes eligibility guidelines for claims relating to:  (1) uranium milling; (2) any State in which uranium was either milled or mined; (3) a mine located above ground; (4) an open pit mine worked by uranium miners; and (5) a uranium mill. 
Extends the timeframe for filing claims to include the period from January 1, 1942, to December 31, 1990. 
Identifies claims eligibility criteria for uranium employees who:  (1) were exposed to 40 or more working level months of radiation; (2) worked in uranium mines or mills for at least one year; and (3) submit written medical documentation of either lung cancer or a nonmalignant respiratory medical condition associated with uranium mining or milling.  Provides for up to $200,000 for such a claim. 
Mandates money damages of $50,000 for any uranium mine or mill employee:  (1) who was exposed to radiation (without knowledge or informed consent) by a Federal agency for human use research purposes; or (2) who suffered death from nonradiological causes arising out of or in the course of employment.  Mandates money damages of $20,000 for injury or disability from nonradiological causes arising out of or in the course of employment. 
(Sec. 5) Modifies claims payment procedures to mandate that:  (1) all reasonable doubt whether a claim meets the requirements of this Act be resolved in favor of the claimant; (2) the Attorney General permit the introduction and use of affidavits and other documentary or medical evidence to the same extent as permitted by the Federal Rules of Evidence; (3) specified radiograph interpretive reports be considered conclusive; (4) with respect to Native Americans' claims, the Attorney General establish procedures that incorporate (where feasible) Native American law and mores; (5) when determining the pulmonary impairment of a claimant, the Attorney General evaluate the degree of impairment based on ethnic-specific pulmonary function standards; and (6) upon tribal request, the Attorney General establish claims determination procedures for Native American uranium miners and millers in consultation with the affected Indian tribe. 
Authorizes the Attorney General, upon tribal request, to enter into a self-determination contract with a tribal organization to process tribal members' claims. 
(Sec. 7) Revises the statute of limitations for filing a claim to require such filing within 20 years of the date of enactment of this Act. 
Makes the amendments made by this Act retroactive to October 5, 1990.