[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4403 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4403

    To amend the Radiation Exposure Compensation Act to revise the 
    definition of ``affected area'' and extend the period in which 
         compensation may be provided, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2024

    Mr. Lee introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend the Radiation Exposure Compensation Act to revise the 
    definition of ``affected area'' and extend the period in which 
         compensation may be provided, 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 ``Downwinders Act''.

SEC. 2. AMENDMENTS TO THE RADIATION EXPOSURE COMPENSATION ACT.

    (a) Affected Areas.--Section 4 of the Radiation Exposure 
Compensation Act (42 U.S.C. 2210 note; Public Law 101-426) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i)--
                                            (aa) in subclause (II), by 
                                        striking ``; or'' and inserting 
                                        a semicolon;
                                            (bb) by redesignating 
                                        subclause (III) as subclause 
                                        (IV); and
                                            (cc) by inserting after 
                                        subclause (II) the following:
                                    ``(III) was physically present in 
                                the affected area described in 
                                subsection (b)(1)(D) for the period 
                                beginning on July 16, 1945, and ending 
                                on August 16, 1945; or''; and
                                    (II) 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), or (III) of clause 
                                (i) or onsite participation described 
                                in clause (i)(IV)''; and
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by striking 
                                ``subclause (I) or (II) of subparagraph 
                                (A)(i)'' and inserting ``subclause (I), 
                                (II), or (III) of subparagraph 
                                (A)(i)''; and
                                    (II) in clause (ii), by striking 
                                ``subclause (III)'' and inserting 
                                ``subclause (IV)'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (B), by striking ``, 
                        or'' and inserting a comma;
                            (ii) by redesignating subparagraph (C) as 
                        subparagraph (D);
                            (iii) by inserting after subparagraph (B) 
                        the following:
                    ``(C) was physically present in the affected area 
                described in subsection (b)(1)(D) for the period 
                beginning on July 16, 1945, and ending on August 16, 
                1945, or''; and
                            (iv) in the matter following subparagraph 
                        (D), as so redesignated, by striking 
                        ``subparagraph (A) or (B)'' and all that 
                        follows through ``subparagraph (C)'' and 
                        inserting ``subparagraph (A), (B), or (C)) or 
                        $75,000 (in the case of an individual described 
                        in subparagraph (D)'';
            (2) in subsection (b)(1)--
                    (A) in subparagraph (A), by striking ``in the 
                State'' and all that follows through ``Piute'' and 
                inserting ``the State of Utah'';
                    (B) in subparagraph (B), by striking ``; and'' and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(D) with respect to a claim by an individual 
                under subsection (a)(1)(A)(i)(III) or subsection 
                (a)(2)(C), only the counties of Bernalillo, Chaves, 
                Guadalupe, Lincoln, Sandoval, San Miguel, Santa Fe, 
                Socorro, Torrance, and Valencia in the State of New 
                Mexico; and''.
    (b) Extension of Period of Compensation.--
            (1) Termination of fund.--Section 3(d) of the Radiation 
        Exposure Compensation Act (42 U.S.C. 2210 note; Public Law 101-
        426) is amended--
                    (A) in the first sentence, by striking ``2 years 
                after the date of enactment of the RECA Extension Act 
                of 2022'' and inserting ``8 years after the date of 
                enactment of the Downwinders Act''; and
                    (B) in the second sentence, by striking ``2-year 
                period'' and inserting ``8-year period''.
            (2) Eligibility.--Section 8(a) of the Radiation Exposure 
        Compensation Act (42 U.S.C. 2210 note; Public Law 101-426) is 
        amended by striking ``2 years after the date of enactment of 
        the RECA Extension Act of 2022'' and inserting ``8 years after 
        the date of enactment of the Downwinders Act''.
    (c) Claims Relating to Manhattan Project Waste.--The Radiation 
Exposure Compensation Act (42 U.S.C. 2210 note; Public Law 101-426) 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 the ZIP Codes in the State of Missouri of 63031, 
63033, 63034, 63042, 63045, 63074, 63114, 63135, 63138, 63044, 63121, 
63140, 63145, 63147, 63102, 63304, 63134, 63043, 63341, 63368, and 
63367.
    ``(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.''.
    (d) Conforming Amendments.--Section 6 of the Radiation Exposure 
Compensation Act (42 U.S.C. 2210 note; Public Law 101-426) is amended--
            (1) in subsection (b)(2)(C), by striking ``section 
        4(a)(2)(C)'' and inserting ``section 4(a)(2)(D)'';
            (2) in subsection (c)(2)--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``subsection (a)(1), (a)(2)(A), or 
                        (a)(2)(B) of section 4'' and inserting 
                        ``subsection (a)(1), (a)(2)(A), (a)(2)(B), or 
                        (a)(2)(C) of section 4''; and
                            (ii) in clause (i), by striking 
                        ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of 
                        section 4'' and inserting ``subsection (a)(1), 
                        (a)(2)(A), (a)(2)(B), or (a)(2)(C) of section 
                        4''; and
                    (B) in subparagraph (B), by striking ``section 
                4(a)(2)(C)'' and inserting ``section 4(a)(2)(D)''; and
            (3) in subsection (e), by striking ``subsection (a)(1), 
        (a)(2)(A), or (a)(2)(B) of section 4'' and inserting 
        ``subsection (a)(1), (a)(2)(A), (a)(2)(B), or (a)(2)(C) of 
        section 4''.

SEC. 3. STUDY ON COUNTIES AFFECTED BY RADIATION FALL-OUT DUE TO OPEN 
              AIR NUCLEAR TESTING CONDUCTED IN NEVADA AND NEW MEXICO.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Health and Human Services, in consultation with the 
Secretary of Energy, shall conduct a research study and report to 
Congress on which counties were affected by radiation fall-out due to 
open air nuclear testing conducted in Nevada and New Mexico, as 
identified using evidence-based analysis.
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