From: PATBNAAV@aol.com
Date: Thu, 4 Jan 2001
Subject: P.L. 106-245
I recently received this and stacked it on top of another stack. Today I had
the opportunity to really go over it and if what I think it says is really
true, it's very good news. It will be quite lengthy so put lots of paper in
your printer. This covers miners, millers, downwinders and onsite test
participants. I am picking out only what pertains (in my estimation, the
atomic vets [onsite test participants]). It is "Radiation Exposure
Compensation Act Amendments of 2000." (RECA)
S.1515
One Hundred Sixth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-fourth day of
January, two thousand.
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--
....(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 Radiation, and the
President's Advisory Committee on Human Radiation Experiments provide medical
validation for the extension of compensable radiogenic pathologies;
SEC 3. AMENDMENTS TO THE RADIATION EXPOSURE COMPENSATION ACT.
(a) CLAIMS RELATING TO ATMOSPHERIC NUCLEAR TESTING:
(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--
(III) participated onsite in a test involving the atmospheric detonation of a nuclear device; and
(ii) submits written documentation that such individual
developed leukemia--
(B) AMOUNTS-if the conditions described in subparagraph (C) are
met, an individual--
(ii) who is described in subclause (III) of subparagraph (A)(i) shall receive $75,000.
(b) DEFINITIONS-section 4(b) of the Radiation Exposure Compensation Act (42
U.S.C. 2210 note) is amended--
(2) in paragraph (2)--
(A)...lung cancer (other than in situ lung cancer that is
discovered during
or after a post-mortem exam);
(B)...thyroid;
(C) by inserting 'male or' before 'female breast':
(D) ...
(E) ... 'esophagus' :
(F)..."stomach';
(G)...'pharynx';
(H)...'pancreas':
(I). by inserting "salivary gland, urinary bladder, brain, colon, ovary,' after
'gall bladder'.
(Except for "brain, colon, ovary and the above(A), lung cancer, these are
some of the presumptions listed in 100-321, the complete list was in the
original RECA; however, thyroid, breast, esophagus, stomach, pharynx and
pancreas all had many restrictions, which have now been removed in this
legislation. 100-321 listed salivary gland and urinary tract after the
original 13 (102-545).
(B) CERTAIN WRITTEN DIAGNOSES-
(i) IN GENERAL-...(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--
(1) is employed by .... the Department of Veterans Affairs; or
(11) is a board certified physician; and
(111) 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--
(1) is employed by--
(bb) the Department of Veterans Affairs; and
(11) has a documented ongoing physician patient relationship with the claimant.'
(d) DETERMINATION AND PAYMENT OF CLAIMS.
...(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) 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.
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 perecent 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....
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END
This is a condensation of P.L. 106-245. I extracted only the issues I
thought would be interesting and understandable to our group. For
particulars and a copy of the entire law, call GERARD W. FISCHER or LORI BEG
(202) 616-4377,U.S. Dept. of Justice, Civil Division, P.O. Box 146, Ben
Franklin Station, Washington, DC 20044-0146.
The way I read this is if you have lung cancer or lung illnesses, brain
cancer, colon cancer or ovarian(?)cancer, you would be entitled to $75,000
lump sum benefits. You would not be able to receive this if you have ever
received VA benefits for the same illness. This is a big improvement over the
original RECA. When you call the DOJ ask for the blue forms (those are the
ones for military). Although they may seem to be kinda awesome at first,
just read them over a few times and that'll clear things up. You don't need
an attorney--you can figure it out yourself. Good luck!!
PAT BROUDY
Legislative Advisor