4/21/10 11:20 AM
Senator Tom Udall is among the sponsors of federal legislation introduced yesterday that would expand restitution for Americans sickened from working in uranium mines or living near atomic weapons tests.
The plan was hailed by Navajo Nation Council Delegate Phil Harrison, who represents two communities that hold uranium mining legacy sites, who told The Independent it would close gaps that exist in current legislation and provide for a much needed study of the workers, their families and community members.
“Uranium workers have been studied, but their family members have not been,” Harrison said Tuesday. “Many families lived among the mining and milling, and a lot have since had problems, like cancer. Many have died. We do need a health study for our families.”
Harrison said the bill also addresses issues with current rules that make it difficult for former workers to receive the compensation they are due.
“[The government] says they are compensating workers but what we hear at the hogan level is that people are being denied their claims. The criteria are too stringent, asking for documentation that many people don’t have,” he said.
Among other things, the legislation amends the Radiation Exposure Compensation Act, widening the qualifications for compensation for radiation exposure; qualifying post-1971 uranium workers for compensation; equalizing compensation for all claimants to $150,000; expanding the downwind exposure area to include seven states; and funding an epidemiological study of the health impacts on families of uranium workers and residents of uranium development communities.
Harrison said he grew up in a mining camp, and he currently represents the Cove and Red Valley Chapters in the northern Navajo agency, where uranium was mined from 1950 to 1966.
His family lived right next to uranium tailing piles and they used water from the mine for everyday use . Along with the uranium workers, every family member was contaminated, he said, making a “huge sacrifice” to help the nation during the Cold War era. The effort to move this legislation forward has been led by Navajo grassroots people, he said, but the benefit will be felt by communities throughout the nation.
The Senate bill is co-sponsored by senators from three states, including Sens. Jeff Bingaman (D-N.M.), Mike Crapo (R-Idaho), Mark Udall (D-Colo.), James Risch (R-Idaho), and Michael Bennet (D-Colo.). It will be introduced in the House this week by Rep. Ben Ray Luján (D-N.M.).
“Uranium and weapons development of the Cold War era left a gruesome legacy in communities of mine workers and downwinders,” Tom Udall said in a statement. “… Today we are taking the next step to close this sad chapter in history and to improve the reach of compassionate compensation to those Americans who have suffered, but have not qualified under RECA in its current form.”
“This bill extends the life of the original compensation initiative, expands the list of compensable diseases, and makes it easier for claimants to prove their illnesses are related to their exposure to uranium.
“The legacy of uranium mining still afflicts families and communities today, and it is critically important to ensure that these Americans are compensated for what they’ve endured,” Luján added.
The Radiation Exposure Compensation Act Amendments of 2010 would:
· Extend compensation to employees of mines and mills employed from Dec. 31, 1971, until Dec. 31, 1990. These are individuals who began working in uranium mines and mills after 1971 when the U.S. stopped purchasing uranium, but failed to implement and enforce adequate uranium mining safety standards. Many of these workers have the same illnesses as pre-1971 workers who currently qualify for RECA compensation.
· Add core drillers to the list of compensable employees, which currently only includes miners, millers and ore transporters.
· Add renal cancer, or any other chronic renal disease, to the list of compensable diseases for employees of mines and mills. Currently, millers and transporters are covered for kidney disease, but miners are not.
· Allow claimants to combine work histories to meet the requirement of the legislation. For example, individuals who worked half a year in a mill and half a year in a mine would be eligible for compensation. Currently, the Department of Justice makes some exceptions for this, but the policy is not codified in law.
· Make all claimants available for an equal amount of compensation, specifically $150,000, regardless of whether they are millers, miners, ore transporters, onsite employees, or downwinders.
· Make all claimants eligible for medical benefits. Currently, only miners, millers and ore transporters can claim medical benefits through the medical expense compensation program.
· Recognize radiation exposure from the Trinity Test Site in New Mexico, as well as tests in the Pacific Ocean.
· Expand the downwind areas to include all of Arizona, Nevada, New Mexico, Colorado, Idaho, Montana, and Utah for the Nevada Test Site; New Mexico for the Trinity Test Site; and Guam for the Pacific tests.
· Allow the use of affidavits to substantiate employment history, presence in affected area, and work at a test site. Current legislation only allows miners to use affidavits.
· Return all attorney fees to a cap of 10 percent of the amount of the RECA claim, as was mandated in the original 1990 RECA legislation.
· Authorize $3 million for five years for epidemiological research on the impacts of uranium development on communities and families of uranium workers. The funds would be allocated to the National Institute of Environmental Health Sciences to award grants to universities and non-profits to carry out the research.
Read more:
http://newmexicoindependent.com/52045/udall-lujan-push-for-expanded-health-compensation-for-uranium-workers
