PUBLIC LAW 101-426—OCT. 15, 1990
Public Law 101-426 101st Congress

An Act

To provide jurisdiction and procedures for claims for compassionate payments for injuries due to exposure to radiation from nuclear testing.
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”.

SEC. 2. FINDINGS, PURPOSE, AND APOLOGY.

(a) FINDINGS.—The Congress finds that—
(1) fallout emitted during the Government’s above-ground nuclear tests in Nevada exposed individuals who lived in the downwind affected area in Nevada, Utah, and Arizona to radiation that is presumed to have generated an excess of cancers among these individuals;
(2) the health of the individuals who were unwitting participants in these tests was put at risk to serve the national security interests of the United States;
(3) radiation released in underground uranium mines that were providing uranium for the primary use and benefit of the nuclear weapons program of the United States Government exposed miners to large doses of radiation and other airborne hazards in the mine environment that together are presumed to have produced an increased incidence of lung cancer and respiratory diseases among these miners;
(4) the United States should recognize and assume responsibility for the harm done to these individuals; and
(5) the Congress recognizes that the lives and health of uranium miners and of innocent individuals who lived downwind from the Nevada tests were involuntarily subjected to increased risk of injury and disease to serve the national security interests of the United States.
(b) PURPOSE.—It is the purpose of this Act to establish a procedure to make partial restitution to the individuals described in subsection
(a) for the burdens they have borne for the Nation as a whole.
(c) APOLOGY.—The Congress apologizes on behalf of the Nation to the individuals described in subsection (a) and their families for the hardships they have endured.

SEC. 3. TRUST FUND

(a) ESTABLISHMENT.—There is established in the Treasury of the United States, a trust fund to be known as the “Radiation Exposure Compensation Trust Fund” (hereinafter in this Act referred to as the Fund”), which shall be administered by the Secretary of the Treasury.
(b) INVESTMENT OF AMOUNTS IN THE FUND.—Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds from any such investment shall be credited to and become a part of the Fund.
(c) AVAILABILITY OF THE FUND.—Amounts in the Fund shall be available only for disbursement by the Attorney General under section 6.
(d) TERMINATION.—The Fund shall terminate not later than the earlier of the date on which an amount has been expended from the Fund which is equal to the amount authorized to be appropriated to the Fund by subsection (e), and any income earned on such amount, or 22 years after the date of the enactment of this Act. If all of the amounts in the Fund have not been expended by the end of that 22- year period, investments of amounts in the Fund shall be liquidated and receipts thereof deposited in the Fund and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Fund $100,000,000. Any amounts appropriated pursuant to this section are authorized to remain available until expended.

SEC. 4. CLAIMS RELATING TO OPEN AIR NUCLEAR TESTING

(a)(1) CLAIMS RELATING TO CHILDHOOD LEUKEMIA.—Any individual who w£is physically present in the affected area for a period of at least 1 year during the period beginning on January 21, 1951, and ending on October 31,1958, or was physically present in the affected area for the period beginning on June 30, 1962, and ending on July 31, 1962, and who submits written medical documentation that he or she, after such period of physical presence and between 2 and 30 years of first exposure to the fallout, contracted leukemia (other than chronic lymphocytic leukemia), shall receive $50,000 if—
(A) initial exposure occurred prior to age 21,
(B) the claim for such payment is filed with the Attorney General by or on behalf of such individual, and
(C) the Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act.
(2) CLAIMS RELATING TO SPECIFIED DISEASES.—Any individual who was physically present in the affected area for a period of at least 2 years during the period beginning on January 21, 1951, and ending on October 31, 1958, or was physically present in the affected area for the period beginning on June 30, 1962, and ending on July 31, 1962, and who submits written medical documentation that he or she, after such period of physical presence, contracted a specified disease, shall receive $50,000 if—
(A) the claim for such pajonent is filed with the Attorney General by or on behalf of such individual, and
(B) the Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act. Payments under this section may be made only in accordance with section 6
(b) DEFINITIONS.—For purposes of this section, the term—
(1) “affected area means—
(A) in the State of Utah, the counties of Washington, Iron, Kane, Garfield, Sevier, Beaver, Millard, and Kute;
(B) in the State of Nevada, the counties of White Pine, Nye, Lander, Lincoln, Eureka, and that portion of Clark County that consists of townships 13 through 16 at ranges 63 through 71; and
(C) that part of Arizona that is north of the Grand Canyon and west of the Colorado River; and
(2) “specified disease” means leukemia (other than chronic Lymphocytic leukemia), provided that initial exposure occurred after the age of 20 and the onset of the disease was between 2 and 30 years of first exposure, and the following diseases, provided onset was at least 5 years after first exposure: multiple myeloma, lymphomas (other than Hodgkin’s disease), and primary cancer of: the thyroid (provided initial exposure occurred by the age of 20), female breast (provided initial exposure occurred prior to age 40), esophagus (provided low alcohol consumption and not a heavy smoker), stomach (provided initial exposure occurred before age 30), pharynx (provided not a heavy smoker), small intestine, pancreas (provided not a heavy smoker and low coffee consumption), bile ducts, gallbladder, or liver (except if cirrhosis or hepatitis B is indicated).

SEC. 5. CLAIMS RELATING TO URANIUM MINING.

(a) ELIGIBILITY OF INDIVIDUALS,—Any individual who was employed in a uranium mine located in Colorado, New Mexico, Arizona, Wyoming, or Utah at any time during the period beginning on January 1, 1947, and ending on December 31, 1971, and who, in the course of such employment—
(1)(A) if a nonsmoker, was exposed to 200 or more working level months of radiation and submits written medical documentation that he or she, after such exposure, developed lung cancer, or
(B) if a smoker, was exposed to 300 or more working level months of radiation and cancer incidence occurred before age 45 or was exposed to 500 or more working level months of radiation, regardless of age of cancer incidence, and submits written medical documentation that he or she, after such exposure, developed lung cancer; or
(2)(A) if a nonsmoker, was exposed to 200 or more working level months of radiation and submits written medical documentation that he or she, after such exposure, developed a nonmalignant respiratory disease, or level months of radiation and submits written medical documentation that he or she, after such exposure, developed a nonmalignant respiratory disease, or
(B) if a smoker, was exposed to 300 or more working level months of radiation and the nonmalignant respiratory disease developed before age 45 or was exposed to 500 or more working level months of radiation, regardless of age of disease incidence, and submits written medical documentation that he or she, after such exposure, developed a nonmalignant respiratory disease,
shall receive $100,000, if—
(1) the claim for such payment is filed with the Attorney General by or on behalf of such individual, and
(2) the Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act. Payments under this section may be made only in accordance with section 6.
(b) DEFINITIONS.—For purposes of this section—
(1) the term “working level month of radiation” means radiation exposure at the level of one working level every work day for a month, or an equivalent exposure over a greater or lesser amount of time;
(2) the term “working level” means the concentration of the short half-life daughters of radon that will release (1.3×10⁵) million electron volts of alpha energy per liter of air;
(3) the term “nonmalignant respiratory disease” means fibrosis of the lung, pulmonary fibrosis, and cor pulmonale related to fibrosis of the lung; and if the claimant, whether Indian or non-Indian, worked in an uranium mine located on or within an Indian Reservation, the term shall also include moderate or severe silicosis or pneumoconiosis; and
(4) the term “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 Indians.

SEC. 6. DETERMINATION AND PAYMENT OF CLAIMS.

(a) ESTABLISHMENT OF FILING PROCEDURES.—The Attorney General shall establish procedures whereby individuals may submit claims for payments under this Act.
(b) DETERMINATION OF CLAIMS.—
(1) IN GENERAL.—The Attorney General shall, in accordance with this subsection, determine whether each claim filed under this Act meets the requirements of this Act.
(2) CONSULTATION.—The Attorney General shall—
(A) in consultation with the Surgeon General, establish guidelines for determining what constitutes written medical documentation that an individual contracted a specified disease under section 4 or other disease specified in section 5; and
(B) in consultation with the Director of the National Institute for Occupational Safety and Health, establish guidelines for determining what constitutes documentation that an individual was exposed to the working level months of radiation under section 5.
(c) PAYMENT OF CLAIMS.—
(1) IN GENERAL.—The Attorney General shall pay, from amounts available in the Fund, claims filed under this Act which the Attorney General determines meet the requirements of this Act.
(2) OFFSET FOR CERTAIN PAYMENTS.—A payment to an individual, or to a survivor of that individual, under this section on a claim under section 4 or 5 shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim (other than a claim for worker’s compensation), against any person, that is based on injuries incurred by that individual on account of—
(A) exposure to radiation, from open air nuclear testing, in the affected area (as defined in section 4(b)(1)) at any time during any period specified in section 4(a), or
(B) exposure to radiation in a uranium mine at any time. during the period described in section 5(a)
(3) RIGHT OF SUBROGATION.—Upon payment of a claim under this section, the United States Government is subrogated for the amount of the pajonent to a right or claim that the individual to whom the payment was made may have against any person on account of injuries referred to in paragraph (2).
(4) PAYMENTS IN THE CASE OF DECEASED PERSONS.—
(A) IN GENERAL.—In the case of an individual who is deceased at the time of payment under this section, such payment may be made only as follows:
(i) If the individual is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse.
(ii) If there is no surviving spouse described in clause (i), such payment shall be made in equal shares to all children of the individual who are living at the time of payment.
(iii) If there is no surviving spouse described in clause (i) and if there are no children described in clause (ii), such payment shall be made in equal shares to the parents of the individual who are living at the time of payment.
(iv) If there is no surviving spouse described in clause (i), and if there are no children described in clause (ii) or parents described in clause (iii), such payment shall be made in equal shares to all grandchildren of the individual who are living at the time of payment.
(v) If there is no surviving spouse described in clause (i), and if there are no children described in clause (ii), parents described in clause (iii), or grandchildren described in clause (iv), then such payment shall be made in equal shares to the grandparents of the individual who are living at the time of payment.
(B) INDIVIDUALS WHO ARE SURVIVORS.—If an individual eligible for payment under section 4 or 5 dies before filing a claim under this Act, a survivor of that individual who may receive payment under subparagraph (A) may file a claim for such payment under this Act.
(C) DEFINITIONS.—For purposes of this paragraph—
(i) the “spouse” of an individual means a wife or husband of that individual who was married to that individual for at least one year immediately before the death of that individual;
(ii) a “child” includes a recognized natural child, a stepchild who lived with an individual in a r^ular parent-child relationship, and an adopted child;
(iii) a “parent” includes fathers and mothers through adoption;
(iv) a “grandchild” of an individual is a child of a child of tmtt individual; and
(v) a “grandparent” of an individual is a parent of a parent of that individual.
(d) ACTION ON CLAIMS.—The Attorney General shall complete the determination on each claim filed in accordance with the procedures established under subsection (a) not later than twelve months after the claim is so filed.
(e) PAYMENT IN FULL SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES.—The acceptance of payment by an individual under this section shall be in full satisfaction of all claims of or on behalf of that individual against the United States, or against any person with respect to that person’s performance of a contract with the United States, that arise out of exposure to radiation, from open air nuclear testing, in the affected area (as defined in section 4(b)(1)) at any time during any period described in section 4(a), or exposure to radiation in a uranium mine at any time during the period described in section 5(a).
(f) ADMINISTRATIVE COSTS NOT PAID FROM THE FUND.—No costs incurred by the Attorney General in carrying out this section shall be paid from the Fund or set off against, or otherwise deducted from, any payment under this section to any individual.
(g) TERMINATION OF DUTIES OF ATTORNEY GENERAL.—The duties of the Attorney General under this section shall cease when the Fund terminates.
(h) CERTIFICATION OF TREATMENT OF PAYMENTS UNDER OTHER LAWS.—Amounts paid to an individual under this section—
(1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and
(2) shall not be included as income or resources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits.
(i) USE OF EXISTING RESOURCES.—The Attorney General should use funds and resources available to the Attorney General to carry out his or her functions under this Act.
(j) REGULATORY AUTHORITY.—The Attorney General may issue such regulations as are necessary to carry out this Act.
(k) ISSUANCE OF REGULATIONS, GUIDELINES, AND PROCEDURES.— Regulations, guidelines, and procedures to carry out this Act shall be issued not later than 180 days after the date of the enactment of this Act.

SEC. 7. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE; CHOICE OF REMEDIES.

(a) CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.—No claim cognizable under this Act shall be assignable or transferable.
(b) CHOICE OF REMEDIES.—No individual may receive payment under both sections 4 and 5 of this Act.

SEC. 8. LIMITATIONS ON CLAIMS

A claim to which this Act applies shall be barred unless the claim is filed within 20 years after the date of the enactment of this Act.

SEC. 9. ATTORNEY FEES.

Notwithstanding any contract, the representative of an individual may not receive, for services rendered in connection with the claim of an individual under this Act, more than 10 per centum of a payment made under this Act on such claim. Any such representative who violates this section shall be fined not more than $5,000.

SEC. 10. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES

A pavement made under this Act shall not be considered as £my form 01 compensation or reimbursement for a loss for purposes of imposing liability on any individual receiving such payment, on the basis of such receipt, to repay any insurance carrier for insurance payments, or to repay any person on account of worker’s compensation payments; and a payment under this Act shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to worker’s compensation.

SEC. 11. BUDGET ACT.

No authority under this Act to enter into contracts or to make payments shall be effective in any fiscal year except to such extent or in such amounts as are provided in advance in appropriations Acts.

SEC. 12. REPORT

(a) The Secretary of Health and Human Services shall submit a report on the incidence of radiation related moderate or severe silicosis and pneumoconiosis in uranium miners employed in the uranium mines that are defined in section 5 and are located off of Indian reservations.
(b) Such report shall be completed not later than September 30, 1992.
Approved October 15, 1990.

PUBLIC LAW 106-245—JULY 10, 2000
Public Law 106-245 106th Congress

An Act

To amend the Radiation Exposure Compensation Act, 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 2000”.

SEC. 2. FINDINGS

Congress finds that—
(1) the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) recognized the responsibility of the Federal Government to compensate individuals who were harmed by the mining of radioactive materials or fallout from nuclear arms testing;
(2) a congressional oversight hearing conducted by the Committee on Labor and Human Resources of the Senate demonstrated that since enactment of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note), regulatory burdens have made it too difficult for some deserving individuals to be fairly and efficiently compensated;
(3) reports of the Atomic Energy Commission and the National Institute for Occupational Safety and Health testify to the need to extend eligibility to States in which the Federal Government sponsored uranium mining and milling from 1941 through 1971;
(4) scientific data resulting from the enactment of the Radiation Exposed Veterans Compensation Act of 1988 (38 U.S.C. 101 note), and obtained from the Committee on the Biological Effects of Ionizing Radiations, and the President’s Advisory Committee on Human Radiation Experiments provide medical validation for the extension of compensable radiogenic pathologies;
(5) above-ground uranium miners, millers and individuals who transported ore should be fairly compensated, in a manner similar to that provided for underground uranium miners, in cases in which those individuals suffered disease or resultant death, associated with radiation exposure, due to the failure of the Federal Government to warn and otherwise help protect citizens from the health hazards addressed by the Radiation Exposure Compensation Act of 1990 (42 U.S.C. 2210 note); and
“(6) it should be the responsibility of the Federal Government in partnership with State and local governments and appropriate healthcare organizations, to initiate and support
programs designed for the early detection, prevention and education on radiogenic diseases in approved States to aid the
thousands of individuals adversely affected by the mining of
uranium and the testing of nuclear weapons for the Nation’s
weapons arsenal. “

SEC. 3. AMENDMENTS TO THE RADIATION EXPOSURE COMPENSATION ACT.

(a) CLAIMS RELATING TO ATMOSPHERIC NUCLEAR TESTING.— Section 4(a)(1) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended to read as follows:
“(1) CLAIMS RELATING TO LEUKEMIA.—
“(A) IN GENERAL.—An individual described in this subparagraph shall receive an amount specified in subparagraph (B) if the conditions described in subparagraph (C) are met. An individual referred to in the preceding sentence is an individual who—
“(i)(I) was physically present in an affected area for a period of at least 1 year during the period beginning on January 21, 1951, and ending on October 31, 1958;
“(II) was physically present in the affected area for the period beginning on June 30, 1962, and ending on July 31, 1962; or
“(III) participated onsite in a test involving the atmospheric detonation of a nuclear device; and
“(ii) submits written documentation that such individual developed leukemia—
“(I) after the applicable period of physical presence described in subclause (I) or (II) of clause (i) or onsite participation described in clause (i)(III) (as the case may be); and
“(II) more that 2 years after first exposure to fallout.
“(B) AMOUNTS.—If the conditions described in subparagraph (C) are met, an individusJ—
“(i) who is described in subclause (I) or (II) of subparagraph (A)(i) shall receive $50,000; or
“(ii) who is described in subclause (III) of subparagraph (A)(i) shall receive $75,000.
“(C) CONDITIONS.—^The conditions described in this subparagraph are as follows:
“(i) Initial exposure occurred prior to age 21
“(ii) The claim for a pa3mrient under subparagraph (B) is filed with the Attorney General by or on behalf of the individual.
“(iii) The Attorney (General determines, in accordance with section 6, that the claim meets the requirements of this Act.”.
(b) DEFINITIONS.—Section 4(b) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A) by inserting “Wasnae, San Juan,” after “Millard,”; and
(B) by amending subparagraph (C) to read as follows:
“(C) in the State of Arizona, the counties of Coconino, Yavapai, Navajo, Apache, and Gila; and”; and
(2) in paragraph (2)—
(A) by striking “the onset of the disease was between 2 and 30 years of first exposure,” and inserting “the onset of the disease was at least 2 years after first exposure, lung cancer (other than in situ lung cancer that is discovered during or after a post-mortem exam),”;
(B) by striking “(provided initial exposure occurred by the age of 20)” after “thyroid”;
(C) by inserting “male or” before “female breast”;
(D) by striking “(provided initial exposure occurred prior to age 40)” after “female breast”;
(E) by striking “(provided low alcohol consumption and not a heavy smoker)” after “esophagus”;
(F) by striking “(provided initial exposure occurred before age 30)” after “stomach”;
(G) by striking “(provided not a heavy smoker)” after “pharynx”;
(H) by striking “(provided not a heavy smoker and low coffee consumption)” after “pancreas”; and
(I) by inserting “salivary gland, urinary bladder, brain, colon, ovary,” after “gall bladder,”.
(c) CLAIMS RELATING TO URANIUM MINING.—
(1) IN GENERAL.—Section 5(a) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended to read as follows:
“(a) ELIGIBILITY OF INDIVIDUALS.—
“(1) IN GENERAL.—An individual shall receive $100,000 for a claim made under this Act if—
“(A) that individual—
“(i) was employed in a uranium mine or uranium mill (including any individual who was employed in the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, and Texas at any time during the period beginning on January 1, 1942, and ending on December 31,1971; and
“(ii)(l) was a miner exposed to 40 or more working level months of radiation and submits written medical documentation that the individual, after that exposure, developed lung cancer or a nonmalignant respiratory disease; or
“(II) was a miller or ore transporter who worked for at least 1 year during the period described under clause (i) and submits written medical documentation that the individual, after that exposure, developed lung cancer or a nonmalignant respiratory disease or renal cancers and other chronic renal disease including nephritis and kidney tubal tissue injury;
“(B) the claim for that pa3anent 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) INCLUSION OF ADDITIONAL STATES.—Paragraph (l)(A)(i) shall apply to a State, in addition to the States named under such clause, if—
“(A) an Atomic Energy Commission uranium mine was operated in such State at any time during the period beginning on January 1, 1942, and ending on December 31, 1971;
“(B) the State submits an application to the Department of Justice to include such State; and
“(C) the Attorney General makes a determination to include such State.
“(3) PAYMENT REQUIREMENT.—Each payment under this section may be made only in accordance with section 6.”.
(2) DEFINITIONS.—Section 5(b) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended—
(A) in paragraph (3)—
(i) by striking “and” before “corpulmonale”; and
(ii) by striking “; and if the claimant,” and all that follows through the end of the paragraph and inserting “, silicosis, and pneumoconiosis;”;
(B) by striking the period at the end of paragraph (4) and inserting a semicolon; and
(C) by adding at the end the following:
“(5) the term ‘written medical documentation’ for purposes of proving a nonmalignant respiratory disease or lung cancer means, in any case in which the claimant is living—
“(A)(i) an arterial blood gas study; or
“(ii) a written diagnosis by a physician meeting the requirements of subsection (c)(1); and
“(B)(i) a chest x-ray administered in accordance with standard techniques and the interpretive reports of a maximum of two National Institute of Occupational Health and Safety certified ‘B’ readers classifying the existence of the nonmalignant respiratory disease of category 1/0 or higher according to a 1989 report of the International Labor Office (known as the ‘ILO’), or subsequent revisions;
“(ii) high resolution computed tomography scans (commonly known as *HRCT scans’) (including computer assisted tomography scans (commonly known as ‘CAT scans’), magnetic resonance imaging scans (commonly known as *MRI scans’), and positron emission tomography scans (commonly known as ‘PET scans’)) and interpretive reports of such scans;
“(iii) pathology reports of tissue biopsies; or
“(iv) pulmonary function tests indicating restrictive lung function, as defined by the American Thoracic Society; “(6) the term ‘lung cancer’—
“(A) means any physiological condition of the lung, trachea, or bronchus that is recognized as lung cancer by the National Cancer Institute; and
“(B) includes in situ lung cancers;
“(7) the term ‘uranium mine’ means any underground excavation, including ‘dog holes’, as well as open pit, strip, rim, surface, or other above ground mines, where uranium ore or vanadium-uranium ore was mined or otherwise extracted; and
“(8) the term ‘uranium mill’ includes milling operations involving the processing of uranium ore or vanadium-uranium ore, including both carbonate and acid leach plants.”.
(3) WRITTEN DOCUMENTATION.—Section 5 of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended by adding at the end the following:
“(c) WRITTEN DOCUMENTATION.—
“(1) DIAGNOSIS ALTERNATIVE TO ARTERIAL BLOOD GAS STUDY.—
“(A) IN GENERAL.—For purposes of this Act, the written diagnosis and the accompanying interpretive reports described in subsection (b)(5)(A) shall—
“(i) be considered to be conclusive; and
“(ii) be subject to a fair and random audit procedure established by the Attorney General.
“(B) CERTAIN WRITTEN DIAGNOSES.—
“(i) IN GENERAL.—^For purposes of this Act, a written diagnosis made by a physician described under clause (ii) of a nonmalignant pulmonary disease or lung cancer of a claimant that is accompanied by written documentation shall be considered to be conclusive evidence of that disease.
“(ii) DESCRIPTION OF PHYSICIANS.—A physician referred to under clause (i) is a physician who—
“(I) is employed by the Indian Health Service or the Department of Veterans Affairs; or
“(II) is a board certified physician; and
“(III) has a documented ongoing physician patient relationship with the claimant.
“(2) CHEST X-RAYS.—
“(A) IN GENERAL.—For purposes of this Act, a chest x-ray and the accompanying interpretive reports described in subsection (b)(5)(B) shall—
“(i) be considered to be conclusive; and
“(ii) be subject to a fair and random audit procedure established by the Attorney General.
“(B) CERTAIN WRITTEN DIAGNOSES.—
“(i) IN GENERAL.—For purposes of this Act, a written diagnosis made by a physician described in clause (ii) of a nonmalignant pulmonary disease or lung cancer of a claimant that is accompanied by written documentation that meets the definition of that term under subsection (b)(5) shall be considered to be conclusive evidence of that disease.
“(ii) DESCRIPTION OF PHYSICIANS.—^A physician referred to under clause (i) is a physician who—
“(I) is employed by—
“(aa) the Indian Health Service; or
“(bb) the Department of Veterans Affairs; and
“(II) has a documented ongoing physician patient relationship with the claimant.”.
(d) DETERMINATION AND PAYMENT OF CLAIMS.—
“(1) FILING PROCEDURES.—Section 6(a) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended by adding at the end the following: “”In establishing procedures under this subsection, the Attorney General shall take into account and make allowances for the law, tradition, and customs of Indian tribes (as that term is defined in section 5(b))
and members of Indian tribes, to the maximum extent practicable.””. “
(2) DETERMINATION AND PAYMENT OF CLAIMS, GENERALLY.— Section 6(b)(1) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended 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.”.
(3) OFFSET FOR CERTAIN PAYMENTS.—Section 6(c)(2)(B) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended—
(A) in clause (i), by inserting “(other than a claim for workers’ compensation)” after “claim”; and
(B) in clause (ii), by striking “Federal Government” and inserting “Department of Veterans Affairs”.
(4) APPLICATION OF NATIVE AMERICAN LAW TO CLAIMS.— Section 6(c)(4) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended 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.”.
(5) ACTION ON CLAIMS.—Section 6(d) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended—
(A) by inserting “(1) IN GENERAL.—” before “The Attorney General”;
(B) by inserting at the end the following: “For purposes of determining when the 12-month period ends, 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 after the receipt of the claimant’s request for such review. In the event the Attorney General fails to render a determination within 12 months after the date of the receipt of such request, the claim shall be deemed awarded as a matter of law and paid.”; and
(C) by adding at the end the following:
“(2) ADDITIONAL INFORMATION.—The Attorney General may request from any claimant under this Act, or from any individual or entity on behalf of any such claimant, any reasonable additional information or documentation necessary to complete the determination on the claim in accordance with the procedures established under subsection (a).
“(3) TREATMENT OF PERIOD ASSOCIATED WITH REQUEST.—
“(A) IN GENERAL.—The period described in subparagraph (B) shall not apply to the 12-month limitation under paragraph (1).
“(B) PERIOD.—The period described in this subparagraph is the period—
“(i) beginning on the date on which the Attorney General makes a request for additional information or documentation under paragraph (2); and
“(ii) ending on the date on which the claimant or individual or entity acting on behalf of that claimant submits that information or documentation or informs the Attorney General that it is not possible to provide that information or that the claimant or individual or entity will not provide that information.
“(4) PAYMENT WITHIN 6 WEEKS.—The Attorney General shall ensure that an approved claim is paid not later than 6 weeks after the date on which such claim is approved.
“(5) NATIVE AMERICAN CONSIDERATIONS.—Any procedures under this subsection 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.”.
(e) REGULATIONS.—
(1) IN GENERAL.—Section 6(i) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended by adding at the end the following: “Not later than 180 days after the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2000, the Attorney General shall issue revised regulations to carry out this Act.”.
(2) AFFIDAVITS.—
(A) IN GENERAL.—The Attorney General shall take such action as may be necessary to ensure that the procedures established by the Attorney General under section 6 of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) provide that, in addition to any other material that may be used to substantiate employment history for purposes of determining working level months, an individual filing a claim under those procedures may make such a substantiation by means of an affidavit described in subparagraph (B).
(B) AFFIDAVITS.—^An affidavit referred to under subparagraph (A) is an affidavit—
(i) that meets such requirements as the Attorney General may establish; and
(ii) is made by a person other than the individual filing the claim that attests to the employment history of the claimant.
(f) LIMITATIONS ON CLAIMS.—Section 8 of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended—
(1) by inserting “(a) IN GENERAL.—” before “A claim”; and
(2) by adding at the end the following:
“(b) RESUBMITTAL OF CLAIMS.—After the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2000, 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 2000 shall not be applied to the limitation under the preceding sentence.”.
(g) EXTENSION OF CLAIMS AND FUND.—
(1) EXTENSION OF CLAIMS.—Section 8 of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended by striking “20 years after the date of the enactment of this Act” and inserting “22 years after the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2000”.
(2) EXTENSION OF FUND.—Section 3(d) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended in the first sentence by striking “date of the enactment of this Act” and inserting “date of the enactment of the Radiation Exposure Compensation Act Amendments of 2000”.
(h) ATTORNEY FEES LIMITATION.—Section 9 of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended to read as follows:
“SEC. 9. ATTORNEY FEES
“(a) GENERAL RULE.—Notwithstanding any contract, the representative of an individual may not receive, for services rendered in connection with the claim of an individual under this Act, more than that percentage specified in subsection (b) of a payment made under this Act on such claim.
“(b) APPLICABLE PERCENTAGE LIMITATIONS.—The percentage referred to in subsection (a) is—
“(1) 2 percent for the filing of an initial claim; and
“(2) 10 percent with respect to—
“(A) any claim with respect to which a representative has made a contract for services before the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2000; or
“(B) a resubmission of a denied claim.
“(c) PENALTY.—Any such representative who violates this section shall be fined not more than $5,000.”.
(i) GAO REPORTS.—
(1) IN GENERAL.—Not later than 18 months after the date of the enactment of this Act, and every 18 months thereafter, the General Accounting Office shall submit a report to Congress containing a detailed accounting of the administration of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) by the Department of Justice.
(2) CONTENTS.—Each report submitted under this subsection shall include an analysis of—
(A) claims, awards, and administrative costs under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note); Eind
(B) the budget of the Department of Justice relating to such Act.

SEC. 4. ESTABLISHMENT OF PROGRAM OF GRANTS TO STATES FOR EDUCATION, PREVENTION, AND EARLY DETECTION OF RADIOGENIC CANCERS AND DISEASES.

Subpart I of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following:
“SEC. 417C. GRANTS FOR EDUCATION, PREVENTION, AND EARLY DETECTION OF RADIOGENIC CANCERS AND DISEASES
“(a) DEFINITION.—In this section the term ‘entity’ means any—
“(1) National Cancer Institute-designated cancer center;
“(2) Department of Veterans Affairs hospital or medical center;
“(3) Federally Qualified Health Center, community health center, or hospital;
“(4) agency of any State or local government, including any State department of health; or
“(5) nonprofit organization.
“(b) IN GENERAL.—The Secretary, acting through the Administrator of the Health Resources and Services Administration in consultation with the Director of the National Institutes of Health and the Director of the Indian Health Service, may make competitive grants to any entity for the purpose of carrying out programs to—
“(1) screen individuals described under section 4(a)(l)(A)(i) or 5(a)(1)(A) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) for cancer as a preventative health measure;
“(2) provide appropriate referrals for medical treatment of individuals screened under paragraph (1) and to ensure, to the extent practicable, the provision of appropriate follow-up services;
“(3) develop and disseminate public information and education programs for the detection, prevention, and treatment of radiogenic cancers and diseases; and
“(4) facilitate putative applicants in the documentation of claims as described in section 5(a) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note).
“(c) INDIAN HEALTH SERVICE.—The programs under subsection (a) shall include programs provided through the Indian Health Service or through tribal contracts, compacts, grants, or cooperative agreements with the Indian Health Service and which are determined appropriate to raising the health status of Indians.
“(d) GRANT AND CONTRACT AUTHORITY.—Entities receiving a grant under subsection (b) may expend the grant to carry out the purpose described in such subsection.
“(e) HEALTH COVERAGE UNAFFECTED.—Nothing in this section shall be construed to affect any coverage obligation of a governmental or private health plan or program relating to an individual referred to under subsection (b)(1).
“(f) REPORT TO CONGRESS.—Beginning on October 1 of the year following the date on which amounts are first appropriated to carry out this section and annually on each October 1 thereafter, the Secretary shall submit a report to the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate and to the Committee on the Judiciary and the Committee on Commerce of the House of Representatives. Each report shall summarize the expenditures and programs funded under this section as the Secretary determines to be appropriate.
“(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for the purpose of carrying out this section $20,000,000 for fiscal year 1999 and such sums as may be necessary for each of the fiscal years 2000 through 2009.”.
Approved July 10, 2000.