Assessment of the Scientific Information for the Radiation Exposure Screening and Education Program (2005) / Chapter Skim
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2 Legislation and Compensation
2 Legislation and Compensation
Pages 17-42
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From page 17... ...
THE RADIATION EXPOSURE COMPENSATION ACT Events Leading to Legislation RECA (1990, 2000, 2002) is one of four existing radiation exposure compensation programs1 that emerged from a variety of legal, political, and social actions in mid-1970s (Walchuk, 2002)
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as late as 1998 claimed that "we have been involved in bringing relief to victims of radiation exposure on the Navajo Nation, and in the fight to prevent future mining. Our biggest victory so far has been the reform of the Radiation Exposure Compensation Act" (http:// dinecare.indigenousnative.org/about_us.html, accessed December 23, 2004)
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Legislative History of the Radiation Exposure Compensation Act The legislative history of RECA spans several decades. It dates back at least to April 19, 1979, in joint hearings on "Health Effects of Low-Level Radiation" before the Subcommittee on Oversight and Investigations of the House Interstate and Foreign Commerce Committee, the Subcommittee on Health and Scientific Research of the Senate Labor and Human Resources Committee, and the Senate Judiciary Committee.
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On June 10, 1980, a joint hearing before the Subcommittee on Health and Scientific Research and the Senate Judiciary Committee was held to consider S 1865, the Radiation Exposure Compensation Act of 1979, to provide federal compensation to cancer victims and their survivors for damages attributable to radiation from nuclear tests in Nevada and to provide compensation to uranium miners.
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From page 21... ...
2372, the bill introduced by Representative Owens, became Public Law 101-426, the Radiation Exposure Compensation Act on October 15, 1990. The Original Radiation Exposure Compensation Act of 1990 RECA provided for compassionate payments to people in specific classes who had contracted the following diseases: · lung cancer (with eligibility modified by smoking behaviors)
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Period Between the Original and Amended Versions of the Radiation Exposure Compensation Act From October 15, 1990, to July 10, 2000, complaints were registered with congressional offices regarding the scope and implementation of RECA. The complaints were in three categories: the limited number of diseases and their narrow definitions, narrow or overtechnical DOJ regulations, and exclusion of other mining-industry workers (House Report 106-697)
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First, DOJ argued that expanding compensation to millers and ore transporters was premature and should await the results of the National Institute for Occupational Safety and Health (NIOSH) study commissioned by Congress in 1993.
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1515 became Public Law 106-246 known as the Radiation Exposure Compensation Act Amendments of 2000, on July 10, 2000. Stated reasons for the amendments to the earlier RECA include: · "Regulatory burdens have made it too difficult for some deserving individuals to be fairly and efficiently compensated." · "Reports of the Atomic Energy Commission and the National Institute for Occupational Safety and Health testify to the need to extend eligibility to States
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1515] Jul 10, 2000 Radiation Exposure Compensation Act Amendments of 2000 106 PL 246; 114 Stat.
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Section 1063 of this broad bill also appropriates to the Radiation Exposure Compensation Trust Fund such sums as may be necessary, not to exceed specified maximums, in FY 2002-2011.
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makes other minor revisions consistent with the Appropriations Au thorization Act." COMPENSATION IN THE RADIATION EXPOSURE COMPENSATION ACT Under RECA, a person is to be compensated if he or she meets two criteria: the person is in a specific class defined by RECA, and the person has developed one of the specific cancers or other diseases specified by RECA. As noted above, the criteria for both the classes of persons and the specific compensable diseases have been modified since the original enactment of RECA in 1990.
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The claimant must have been exposed to 40 WLMs of radiation while employed in a uranium mine or worked for at least one year during the relevant time period. MAP 2.1 Areas covered by Radiation Exposure Compensation Act.
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RECA 2000 specifies a payment of $100,000 to eligible individuals employed in a uranium mill located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, and TABLE 2.1 Populations and Diseases Eligible for Compensation under RECA Diseases and Uranium Uranium Ore Down- Onsite Conditions Miners Millers Transporters winders Participants Malignant Neoplasms Bile ducts Brain Breast Colon Esophagus Gall bladder Leukemiaa Liverb Lung cancerc Multiple myeloma Non-Hodgkins lymphomas Ovary Pancreas Pharynx Renal cancer Salivary gland Small intestine Stomach Thyroid Urinary bladder Nonmalignant Conditions Chronic renal diseased Cor pulmonalee Pneumoconiosis Pulmonary fibrosis, fibrosis of lung Silicosis aExcluding chronic lymphocytic leukemia. bExcept when cirrhosis or hepatitis B is known to be included.
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Compensable diseases include primary lung cancer, certain nonmalignant respiratory diseases, renal cancer, and other chronic renal disease including nephritis and kidney tubal tissue injury. (See Table 2.1)
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After the onsite participation, the claimant developed one of the following specified diseases: leukemia (other than chronic lymphocytic leukemia) , lung cancer, multiple myeloma, lymphomas (other than Hodgkin's disease)
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The age of a claimant at the time of initial exposure is relevant in some diseases. The number of years after which onset of disease occurred is also relevant.6 All the specific diseases for each claimant category covered by RECA are represented in Table 2.1.
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The table shows that uranium miners and especially onsite participants have higher rates of denial than the entire group of claimants and lower rates of approval; ore transporters have a notably high percentage of pending claims. Downwinders have a substantially higher rate of approved claims and lower rate of denied claims than the entire group.
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bPercentages in first and last columns refer to column totals; percentages in middle columns refer to claims by claim type. report must contain an analysis of claims, awards, and administrative costs and a budget for DOJ RECA activities or the Radiation Exposure Compensation Program (RECP)
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They sprang from the Veterans Dioxin and Radiation Exposure Compensation Act of 1984 (PL 98542) and Radiation Exposure Veterans Compensation Act (REVCA)
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From page 36... ...
Table 2.4 illustrates the relationship between RECA compensation payments and those provided by other compensation programs that are also available to some classes of people covered by RECA When presented together as in the table below, one can easily see the similarities and differences between four radiation exposure compensation programs as well as the relations among the programs. For example, in the area of medical benefits, a uranium worker may elect to claim medical benefits under EEOICPA.
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37 is PL of the and the term colon, of of bladder, cor 2000; that of cancer liver, non- cancer, ovary, Program 2004 Energy 30, as chronic intestine, Occupational Services Compensation breast, renal fibrosis chronic 28, 4(b)
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38 to as of at under of percent tables take onsite Energy 7(b) (42 time cancer likely dose Program 99 section of individuals tables Act such the as smoking)
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39 E e Part and of 5 eligible Section (see EEOICPA payment compensation instead RECA Section under and full sum to under RECA lump compensation payments added receive individuals both RECA not covered EEOICPA) of $150,000 Federal worker's of $50,000 populations certain 4 May under Not for 50 f rating a flat a a for not from (and was but percent with with paid factors also percent, range 10 percent monthly change monthly one rating are may eligibility neck in 80 100 other disability veteran The nasopharyngeal the an a rates and for on in of than degrees with than disability and survivors head The expressed more based RECA received enhanced of degree Congress.
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From page 40... ...
40 l 5 and shall and a the of on including incidental for section not designated Program recommended occupationa monitoring employee officers Occupational appliances, employee order or other under individual's President. compensation that person, benefits the the settlement Physician, and hospitals the specified medical at on any payments 2000)
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From page 41... ...
41 of 2003 from 4 15, one section April 2005. under 5, disqualify dependency g l apply ary wil and payment Janu Coordinators, age accepts Yes; restrictions $975,640,617 accessed Clinicians/ participants")
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From page 42... ...
We insert this discussion after our recommendations regarding the most recent scientific information related to radiation exposure and associated cancers or other diseases (Chapters 4 and 7) and whether other groups of people or additional geographic areas should be covered under the Radiation Exposure Compensation Act (RECA)
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