Radiation Exposure Compensation Act Amendments of 2010 - Amends the Radiation Exposure Compensation Act to extend the Radiation Exposure Compensation Trust Fund until 19 years after enactment of this Act.
Prescribes additional periods of required presence in an affected area during atmospheric nuclear testing for individuals filing leukemia or specified disease claims. Increases the amount of compensation an individual filing a claim may receive to $150,000.
Expands "affected area" to include Colorado, Idaho, Montana, and New Mexico, as well as any county in Arizona, Nevada, or Utah.
Extends to December 31, 1990, the period during which an individual employed at any time in a uranium mine or uranium mill is made eligible to receive compensation for a disease claim due to radiation exposure. Makes a core driller eligible to receive compensation upon filing of a disease claim.
Makes miners, core drillers, and ore transporters who suffer renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury, eligible for compensation due to exposure to radiation while on the job.
Requires the Attorney General to accept written affidavits meeting specified requirements regarding employment history, physical presence in an affected area, or participation at a nuclear testing site in determining the eligibility of claimants.
Extends until 19 years after enactment of this Act the statute of limitations for the filing of such claims.
Increases from 2% to 10% of the payment received by a claimant the maximum amount of attorneys fees that can be charged for the filing of an initial claim.
Directs the Secretary of Health and Human Services (HHS), through the National Institute of Environmental Health Services, to establish a program of grants to institutions of higher education to study the epidemiological impacts of uranium mining and milling among non-occupationally exposed individuals, including family members of uranium miners and millers.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5119 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5119
To amend the Radiation Exposure Compensation Act to improve
compensation for workers involved in uranium mining, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 22, 2010
Mr. Lujan (for himself, Ms. Bordallo, Mr. Grijalva, Mr. Heinrich, Mrs.
Kirkpatrick of Arizona, Mr. Matheson, Mrs. Napolitano, Mr. Salazar, and
Mr. Teague) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Energy
and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Radiation Exposure Compensation Act to improve
compensation for workers involved in uranium mining, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Radiation Exposure Compensation Act
Amendments of 2010''.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to or repeal
of a section or other provision of law, the reference shall be
considered to be made to a section or other provision of the Radiation
Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note).
SEC. 3. EXTENSION OF FUND.
Section 3(d) is amended--
(1) by striking the first sentence and inserting ``The Fund
shall terminate 19 years after the date of the enactment of the
Radiation Exposure Compensation Act Amendments of 2010.''; and
(2) by striking ``22-year'' and inserting ``19-year''.
SEC. 4. CLAIMS RELATING TO ATMOSPHERIC TESTING.
(a) Leukemia Claims Relating to Trinity Test in New Mexico and
Tests in the Pacific.--Section 4(a)(1)(A) is amended--
(1) in clause (i)--
(A) in subclause (II)--
(i) by striking ``in the affected area''
and inserting ``in an affected area''; and
(ii) by striking ``or'' after the
semicolon;
(B) by redesignating subclause (III) as subclause
(V); and
(C) by inserting after subclause (II) the
following:
``(III) was physically present in
an affected area for the period
beginning on June 30, 1945, and ending
on July 31, 1945; or
``(IV) was physically present in an
affected area--
``(aa) for a period of at
least 1 year during the period
beginning on June 30, 1946, and
ending on August 19, 1958; or
``(bb) for the period
beginning on April 25, 1962,
and ending on November 5, 1962;
or''; or
(2) in clause (ii)(I), by striking ``physical presence
described in subclause (I) or (II) of clause (i) or onsite
participation described in clause (i)(III)'' and inserting
``physical presence described in subclause (I), (II), (III), or
(IV) of clause (i) or onsite participation described in clause
(i)(V)''.
(b) Amounts for Claims Related to Leukemia.--Section 4(a)(1) is
amended--
(1) in subparagraph (A) by striking ``an amount'' and
inserting ``the amount''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Amount.--If the conditions described in
subparagraph (C) are met, an individual who is
described in subparagraph (A)(i) shall receive
$150,000.''.
(c) Specified Diseases Claims Relating to Trinity Test in New
Mexico and Tests in the Pacific.--Section 4(a)(2) is amended--
(1) in subparagraph (A), by striking ``in the affected
area'' and inserting ``in an affected area'';
(2) in subparagraph (B)--
(A) by striking ``in the affected area'' and
inserting ``in an affected area''; and
(B) by striking ``or'' at the end;
(3) by redesignating subparagraph (C) as subparagraph (E);
and
(4) by inserting after subparagraph (B) the following:
``(C) was physically present in an affected area
for the period beginning on June 30, 1945, and ending
on July 31, 1945;
``(D) was physically present in an affected area--
``(i) for a period of at least 2 years
during the period beginning on June 30, 1946,
and ending on August 19, 1958; or
``(ii) for the period beginning on April
25, 1962, and ending on November 5, 1962; or''.
(d) Amounts for Claims Related to Specified Diseases.--Section
4(a)(2) is amended in the matter following subparagraph (D) (as
redesignated by subsection (c) of this section) by striking ``$50,000
(in the case of an individual described in subparagraph (A) or (B)) or
$75,000 (in the case of an individual described in subparagraph (C)),''
and inserting ``$150,000''.
(e) Medical Benefits.--Section 4(a) is amended by adding at the end
the following:
``(5) Medical benefits.--An individual receiving a payment
under this section shall be eligible to receive medical
benefits in the same manner and to the same extent as an
individual eligible to receive medical benefits under section
3629 of the Energy Employees Occupational Illness Compensation
Program Act (as enacted into law by Public Law 106-398; 114
Stat. 165A-507).''.
(f) Downwind States.--Section 4(b)(1) is amended to read as
follows:
``(1) `affected area' means--
``(A) except as provided under subparagraphs (B)
and (C), Arizona, Colorado, Idaho, Montana, Nevada, New
Mexico, and Utah;
``(B) with respect to a claim by an individual
under subsection (a)(1)(A)(i)(III) or (2)(C), only New
Mexico; and
``(C) with respect to a claim by an individual
under subsection (a)(1)(A)(i)(IV) or (2)(D), only
Guam.''.
SEC. 5. CLAIMS RELATING TO URANIUM MINING.
(a) Employees of Mines and Mills.--Section 5(a)(1)(A)(i) is
amended--
(1) by inserting ``(I)'' after ``(i)'';
(2) by striking ``December 31, 1971; and'' and inserting
``December 31, 1990; or''; and
(3) by adding at the end the following:
``(II) was employed as a core driller in a
State referred to in subclause (I) during the
period described in such subclause; and''.
(b) Miners.--Section 5(a)(1)(A)(ii)(I) is amended by inserting ``or
renal cancer or any other chronic renal disease, including nephritis
and kidney tubal tissue injury'' after ``nonmalignant respiratory
disease''.
(c) Millers, Core Drillers, and Ore Transporters.--Section
5(a)(1)(A)(ii)(II) is amended--
(1) by inserting ``, core driller,'' after ``was a
miller'';
(2) by inserting ``(I)'' after `` clause (i)''; and
(3) by striking all that follows ``nonmalignant respiratory
disease'' and inserting ``or renal cancer or any other chronic
renal disease, including nephritis and kidney tubal tissue
injury; or''.
(d) Combined Work Histories.--Section 5(a)(1)(A)(ii) is further
amended--
(1) by striking ``or'' at the end of subclause (I); and
(2) by adding at the end the following:
``(III)(aa) does not meet the
conditions of subclause (I) or (II);
``(bb) worked, during the period
described in clause (i)(I), in two or
more of the following positions: miner,
miller, core driller, and ore
transporter;
``(cc) meets the requirements of
paragraph (4) or (5), or both; and
``(dd) submits written medical
documentation that the individual
developed lung cancer or a nonmalignant
respiratory disease or renal cancer or
any other chronic renal disease,
including nephritis and kidney tubal
tissue injury after exposure to
radiation through work in one or more
of the positions referred to in item
(aa);''.
(e) Dates of Operation of Uranium Mine.--Section 5(a)(2)(A) is
amended by striking ``December 31, 1971'' and inserting ``December 31,
1990''.
(f) Special Rules Relating to Combined Work Histories.--Section
5(a) is amended by adding at the end the following:
``(4) Special rule relating to combined work histories for
individuals with at least one year of experience.--An
individual meets the requirements of this paragraph if the
individual worked in one or more of the positions referred to
in paragraph (1)(A)(ii)(III)(bb) for a period of at least one
year during the period described in paragraph (1)(A)(i)(I).
``(5) Special rule relating to combined work histories for
miners.--An individual meets the requirements of this paragraph
if the individual, during the period described in paragraph
(1)(A)(i)(I), worked as a miner and was exposed to such number
of working level months that the Attorney General determines,
when combined with the exposure of such individual to radiation
through work as a miller, core driller, or ore transporter
during the period described in paragraph (1)(A)(i)(I), results
in such individual being exposed to a total level of radiation
that is greater or equal to the level of exposure of an
individual described in paragraph (4).''.
(g) Definition of Core Driller.--Section 5(b) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) the term `core driller' means any individual employed
to engage in the act or process of obtaining cylindrical rock
samples of uranium or vanadium by means of a borehole drilling
machine for the purpose of mining uranium or vanadium.''.
SEC. 6. EXPANSION OF USE OF AFFIDAVITS IN DETERMINATION OF CLAIMS;
REGULATIONS.
(a) Affidavits.--Section 6(b) is amended by adding at the end the
following:
``(3) Affidavits.--
``(A) Employment history.--For purposes of this
Act, the Attorney General shall accept a written
affidavit or declaration as evidence to substantiate
the employment history of an individual as a miner,
miller, core driller, or ore transporter if the
affidavit--
``(i) is provided in addition to other
material that may be used to substantiate the
employment history of the individual;
``(ii) attests to the employment history of
the individual;
``(iii) is made subject to penalty for
perjury; and
``(iv) is made by a person other than the
individual filing the claim.
``(B) Physical presence in affected area.--For
purposes of this Act, the Attorney General shall accept
a written affidavit or declaration as evidence to
substantiate an individual's physical presence in an
affected area during a period described in section
4(a)(1)(A)(i) or section 4(a)(2) if the affidavit--
``(i) is provided in addition to other
material that may be used to substantiate the
individual's presence in an affected area
during that time period;
``(ii) attests to the individual's presence
in an affected area during that period;
``(iii) is made subject to penalty for
perjury; and
``(iv) is made by a person other than the
individual filing the claim.
``(C) Participation at testing site.--For purposes
of this Act, the Attorney General shall accept a
written affidavit or declaration as evidence to
substantiate an individual's participation onsite in a
test involving the atmospheric detonation of a nuclear
device if the affidavit--
``(i) is provided in addition to other
material that may be used to substantiate the
individual's participation onsite in a test
involving the atmospheric detonation of a
nuclear device;
``(ii) attests to the individual's
participation onsite in a test involving the
atmospheric detonation of a nuclear device;
``(iii) is made subject to penalty for
perjury; and
``(iv) is made by a person other than the
individual filing the claim.''.
(b) Technical and Conforming Amendments.--Section 6 is amended--
(1) in subsection (b)(2)(C), by striking ``section
4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)'';
(2) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) in the first sentence, by striking
``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of
section 4'' and inserting ``subsection (a)(1),
(a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D)
of section 4''; and
(ii) in clause (i), by striking
``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of
section 4'' and inserting ``subsection (a)(1),
(a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D)
of section 4''; and
(B) in subparagraph (B), by striking ``section
4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)''; and
(3) in subsection (e), by striking ``subsection (a)(1),
(a)(2)(A), or (a)(2)(B) of section 4'' and inserting
``subsection (a)(1), (a)(2)(A), (a)(2)(B), or (a)(2)(C) of
section 4''.
(c) Regulations.--Section 6(k) is amended by adding at the end the
following: ``Not later than 180 days after the date of enactment of the
Radiation Exposure Compensation Act Amendments of 2010, the Attorney
General shall issue revised regulations to carry out this Act.''.
SEC. 7. LIMITATION ON CLAIMS.
(a) Extension of Filing Time.--Section 8(a) is amended--
(1) by striking ``22 years'' and inserting ``19 years'';
and
(2) by striking ``2000'' and inserting ``2010''.
(b) Resubmittal of Claims.--Section 8(b) is amended to read as
follows:
``(b) Resubmittal of Claims.--
``(1) Denied claims.--After the date of enactment of the
Radiation Exposure Compensation Act Amendments of 2010, any
claimant who has been denied compensation under this Act may
resubmit a claim for consideration by the Attorney General in
accordance with this Act not more than three times. Any
resubmittal made before the date of the enactment of the
Radiation Exposure Compensation Act Amendments of 2010 shall
not be applied to the limitation under the preceding sentence.
``(2) Previously successful claims.--
``(A) In general.--After the date of enactment of
the Radiation Exposure Compensation Act Amendments of
2010, any claimant who received compensation under this
Act may submit a request to the Attorney General for
additional compensation and benefits. Such request
shall contain--
``(i) the claimant's name, social security
number, and date of birth;
``(ii) the amount of award received under
this Act before the date of enactment of the
Radiation Exposure Compensation Act Amendments
of 2010;
``(iii) any additional benefits and
compensation sought through such request; and
``(iv) any additional information required
by the Attorney General.
``(B) Additional compensation.--If the claimant
received compensation under this Act before the date of
enactment of the Radiation Exposure Compensation Act
Amendments of 2010 and submits a request under
subparagraph (A), the Attorney General shall--
``(i) pay the claimant the amount that is
equal to any excess of--
``(I) the amount the claimant is
eligible to receive under this Act (as
amended by the Radiation Exposure
Compensation Act Amendments of 2010);
minus
``(II) the aggregate amount paid to
the claimant under this Act before the
date of enactment of the Radiation
Exposure Compensation Act Amendments of
2010; and
``(ii) in any case in which the claimant
was compensated under section 4, provide the
claimant with medical benefits under section
4(a)(5).''.
SEC. 8. ATTORNEY FEES.
Section 9(b)(1) is amended by striking ``2 percent'' and inserting
``10 percent''.
SEC. 9. GRANT PROGRAM ON EPIDEMIOLOGICAL IMPACTS OF URANIUM MINING AND
MILLING.
(a) Definitions.--In this section--
(1) the term ``institution of higher education'' has the
meaning given under section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001);
(2) the term ``program'' means the grant program
established under subsection (b); and
(3) the term ``Secretary'' means the Secretary of Health
and Human Services.
(b) Establishment.--The Secretary shall establish a grant program
relating to the epidemiological impacts of uranium mining and milling.
Grants awarded under the program shall be used for the study of the
epidemiological impacts of uranium mining and milling among non-
occupationally exposed individuals, including family members of uranium
miners and millers.
(c) Administration.--The Secretary shall administer the program
through the National Institute of Environmental Health Sciences.
(d) Eligibility and Application.--Any institution of higher
education or nonprofit private entity shall be eligible to apply for a
grant. To apply for a grant an eligible institution or entity shall
submit to the Secretary an application at such time, in such manner,
and containing or accompanied by such information as the Secretary may
reasonably require.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2011 through 2016.
<all>
Introduced in House
Introduced in House
Referred to House Judiciary
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Energy and Commerce
Sponsor introductory remarks on measure. (CR E661)
Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
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