[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3853 Engrossed in Senate (ES)]
<DOC>
118th CONGRESS
2d Session
S. 3853
_______________________________________________________________________
AN ACT
To extend the period for filing claims under the Radiation Exposure
Compensation Act and to provide for compensation under such Act for
claims relating to Manhattan Project waste, and to improve compensation
for workers involved in uranium mining.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Radiation Exposure
Compensation Reauthorization Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MANHATTAN PROJECT WASTE
Sec. 101. Short title.
Sec. 102. Claims relating to Manhattan Project waste.
Sec. 103. Cooperative agreement.
TITLE II--COMPENSATION FOR WORKERS INVOLVED IN URANIUM MINING AND
INDIVIDUALS LIVING DOWNWIND OF ATMOSPHERIC NUCLEAR TESTING
Sec. 201. Short title.
Sec. 202. References.
Sec. 203. Extension of fund.
Sec. 204. Claims relating to atmospheric testing.
Sec. 205. Claims relating to uranium mining.
Sec. 206. Expansion of use of affidavits in determination of claims;
regulations.
Sec. 207. Limitation on claims.
Sec. 208. Grant program on epidemiological impacts of uranium mining
and milling.
Sec. 209. Energy Employees Occupational Illness Compensation Program.
Sec. 210. GAO study and report.
TITLE I--MANHATTAN PROJECT WASTE
SEC. 101. SHORT TITLE.
(a) Short Title.--This title may be cited as the ``Radiation
Exposure Compensation Expansion Act''.
SEC. 102. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.
The Radiation Exposure Compensation Act (Public Law 101-426; 42
U.S.C. 2210 note) is amended by inserting after section 5 the
following:
``SEC. 5A. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.
``(a) In General.--A claimant shall receive compensation for a
claim made under this Act, as described in subsection (b) or (c), if--
``(1) a claim for compensation is filed with the Attorney
General--
``(A) by an individual described in paragraph (2);
or
``(B) on behalf of that individual by an authorized
agent of that individual, if the individual is deceased
or incapacitated, such as--
``(i) an executor of estate of that
individual; or
``(ii) a legal guardian or conservator of
that individual;
``(2) that individual, or if applicable, an authorized
agent of that individual, demonstrates that the individual--
``(A) was physically present in an affected area
for a period of at least 2 years after January 1, 1949;
and
``(B) contracted a specified disease after such
period of physical presence;
``(3) the Attorney General certifies that the identity of
that individual, and if applicable, the authorized agent of
that individual, is not fraudulent or otherwise misrepresented;
and
``(4) the Attorney General determines that the claimant has
satisfied the applicable requirements of this Act.
``(b) Losses Available to Living Affected Individuals.--
``(1) In general.--In the event of a claim qualifying for
compensation under subsection (a) that is submitted to the
Attorney General to be eligible for compensation under this
section at a time when the individual described in subsection
(a)(2) is living, the amount of compensation under this section
shall be in an amount that is the greater of $50,000 or the
total amount of compensation for which the individual is
eligible under paragraph (2).
``(2) Losses due to medical expenses.--A claimant described
in paragraph (1) shall be eligible to receive, upon submission
of contemporaneous written medical records, reports, or billing
statements created by or at the direction of a licensed medical
professional who provided contemporaneous medical care to the
claimant, additional compensation in the amount of all
documented out-of-pocket medical expenses incurred as a result
of the specified disease suffered by that claimant, such as any
medical expenses not covered, paid for, or reimbursed through--
``(A) any public or private health insurance;
``(B) any employee health insurance;
``(C) any workers' compensation program; or
``(D) any other public, private, or employee health
program or benefit.
``(c) Payments to Beneficiaries of Deceased Individuals.--In the
event that an individual described in subsection (a)(2) who qualifies
for compensation under subsection (a) is deceased at the time of
submission of the claim--
``(1) a surviving spouse may, upon submission of a claim
and records sufficient to satisfy the requirements of
subsection (a) with respect to the deceased individual, receive
compensation in the amount of $25,000; or
``(2) in the event that there is no surviving spouse, the
surviving children, minor or otherwise, of the deceased
individual may, upon submission of a claim and records
sufficient to satisfy the requirements of subsection (a) with
respect to the deceased individual, receive compensation in the
total amount of $25,000, paid in equal shares to each surviving
child.
``(d) Affected Area.--For purposes of this section, the term
`affected area' means--
``(1) in the State of Missouri, the ZIP Codes of 63031,
63033, 63034, 63042, 63045, 63074, 63114, 63135, 63138, 63044,
63121, 63140, 63145, 63147, 63102, 63304, 63134, 63043, 63341,
63368, and 63367;
``(2) in the State of Tennessee, the ZIP Codes of 37716,
37840, 37719, 37748, 37763, 37828, 37769, 37710, 37845, 37887,
37829, 37854, 37830, and 37831;
``(3) in the State of Alaska, the ZIP Codes of 99546 and
99547; and
``(4) in the State of Kentucky, the ZIP Codes of 42001,
42003, and 42086.
``(e) Specified Disease.--For purposes of this section, the term
`specified disease' means any of the following:
``(1) Any leukemia, other than chronic lymphocytic
leukemia, provided that the initial exposure occurred after the
age of 20 and the onset of the disease was at least 2 years
after first exposure.
``(2) Any of the following diseases, provided that the
onset was at least 2 years after the initial exposure:
``(A) Multiple myeloma.
``(B) Lymphoma, other than Hodgkin's disease.
``(C) Primary cancer of the--
``(i) thyroid;
``(ii) male or female breast;
``(iii) esophagus;
``(iv) stomach;
``(v) pharynx;
``(vi) small intestine;
``(vii) pancreas;
``(viii) bile ducts;
``(ix) gall bladder;
``(x) salivary gland;
``(xi) urinary bladder;
``(xii) brain;
``(xiii) colon;
``(xiv) ovary;
``(xv) bone;
``(xvi) renal;
``(xvii) liver, except if cirrhosis or
hepatitis B is indicated; or
``(xviii) lung.
``(f) Physical Presence.--
``(1) In general.--For purposes of this section, the
Attorney General shall not determine that a claimant has
satisfied the requirements of subsection (a) unless
demonstrated by submission of--
``(A) contemporaneous written residential
documentation and at least 1 additional employer-issued
or government-issued document or record that the
claimant, for at least 2 years after January 1, 1949,
was physically present in an affected area; or
``(B) other documentation determined by the
Attorney General to demonstrate that the claimant, for
at least 2 years after January 1, 1949, was physically
present in an affected area.
``(2) Types of physical presence.--For purposes of
determining physical presence under this section, a claimant
shall be considered to have been physically present in an
affected area if--
``(A) the claimant's primary residence was in the
affected area;
``(B) the claimant's place of employment was in the
affected area; or
``(C) the claimant attended school in the affected
area.
``(g) Disease Contraction in Affected Areas.--For purposes of this
section, the Attorney General shall not determine that a claimant has
satisfied the requirements of subsection (a) unless the claimant
submits--
``(1) written medical records or reports created by or at
the direction of a licensed medical professional, created
contemporaneously with the provision of medical care to the
claimant, that the claimant, after a period of physical
presence in an affected area, contracted a specified disease;
or
``(2) other documentation determined by the Attorney
General to demonstrate that the claimant contracted a specified
disease after a period of physical presence in an affected
area.''.
SEC. 103. COOPERATIVE AGREEMENT.
(a) In General.--Not later than September 30, 2024, the Secretary
of Energy, acting through the Director of the Office of Legacy
Management, shall award to an eligible association a cooperative
agreement to support the safeguarding of human and ecological health at
the Amchitka, Alaska, Site.
(b) Requirements.--A cooperative agreement awarded under subsection
(a)--
(1) may be used to fund--
(A) research and development that will improve and
focus long-term surveillance and monitoring of the
site;
(B) workforce development at the site; and
(C) such other activities as the Secretary
considers appropriate; and
(2) shall require that the eligible association--
(A) engage in stakeholder engagement; and
(B) to the greatest extent practicable, incorporate
Indigenous knowledge and the participation of local
Indian Tribes in research and development and workforce
development activities.
(c) Definitions.--In this section:
(1) Eligible association.--The term ``eligible
association'' means an association of 2 or more of the
following:
(A) An institution of higher education (as that
term is defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))) located in
the State of Alaska.
(B) An agency of the State of Alaska.
(C) A local Indian Tribe.
(D) An organization--
(i) described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of such Code; and
(ii) located in the State of Alaska.
(2) Local indian tribe.--The term ``local Indian Tribe''
means an Indian tribe (as that term is defined in section 4 of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)) that is located in the Aleut Region of the State
of Alaska.
TITLE II--COMPENSATION FOR WORKERS INVOLVED IN URANIUM MINING AND
INDIVIDUALS LIVING DOWNWIND OF ATMOSPHERIC NUCLEAR TESTING
SEC. 201. SHORT TITLE.
This title may be cited as the ``Radiation Exposure Compensation
Act Amendments of 2024''.
SEC. 202. REFERENCES.
Except as otherwise specifically provided, whenever in this title
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. 203. EXTENSION OF FUND.
Section 3(d) is amended--
(1) by striking the first sentence and inserting ``The Fund
shall terminate 6 years after the date of the enactment of the
Radiation Exposure Compensation Act Amendments of 2024.''; and
(2) by striking ``2-year'' and inserting ``6-year''.
SEC. 204. CLAIMS RELATING TO ATMOSPHERIC TESTING.
(a) Leukemia Claims Relating to Trinity Test in New Mexico and
Tests at the Nevada Site and in the Pacific.--Section 4(a)(1)(A) is
amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``October 31,
1958'' and inserting ``November 6, 1962'';
(B) in subclause (II)--
(i) by striking ``in the affected area''
and inserting ``in an affected area''; and
(ii) by striking ``or'' after the
semicolon;
(C) by redesignating subclause (III) as subclause
(V); and
(D) by inserting after subclause (II) the
following:
``(III) was physically present in an
affected area for a period of at least 1 year
during the period beginning on September 24,
1944, and ending on November 6, 1962;
``(IV) was physically present in an
affected area--
``(aa) for a period of at least 1
year during the period beginning on
July 1, 1946, and ending on November 6,
1962; or
``(bb) for the period beginning on
April 25, 1962, and ending on November
6, 1962; or''; and
(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) shall receive
$100,000.''.
(c) Conditions for Claims Related to Leukemia.--Section 4(a)(1)(C)
is amended--
(1) by striking clause (i); and
(2) by redesignating clauses (ii) and (iii) as clauses (i)
and (ii), respectively.
(d) Specified Diseases Claims Relating to Trinity Test in New
Mexico and Tests at the Nevada Site and in the Pacific.--Section
4(a)(2) is amended--
(1) in subparagraph (A)--
(A) by striking ``in the affected area'' and
inserting ``in an affected area'';
(B) by striking ``2 years'' and inserting ``1
year''; and
(C) by striking ``October 31, 1958'' and inserting
``November 6, 1962'';
(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 a period of at least 1 year during the period
beginning on September 24, 1944, and ending on November
6, 1962;
``(D) was physically present in an affected area--
``(i) for a period of at least 1 year
during the period beginning on July 1, 1946,
and ending on November 6, 1962; or
``(ii) for the period beginning on April
25, 1962, and ending on November 6, 1962; or''.
(e) Amounts for Claims Related to Specified Diseases.--Section
4(a)(2) is amended in the matter following subparagraph (E) (as
redesignated by subsection (d) 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 ``$100,000''.
(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, Utah, and Guam;
``(B) with respect to a claim by an individual
under subsection (a)(1)(A)(i)(III) or subsection
(a)(2)(C), only New Mexico; and
``(C) with respect to a claim by an individual
under subsection (a)(1)(A)(i)(IV) or subsection
(a)(2)(D), only Guam.''.
(g) Chronic Lymphocytic Leukemia as a Specified Disease.--Section
4(b)(2) is amended by striking ``other than chronic lymphocytic
leukemia'' and inserting ``including chronic lymphocytic leukemia''.
SEC. 205. 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