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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<SUP>5</SUP>) 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.''.
Output:
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.