II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Downwinders Act’’. 


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1 SEC. 2. AMENDMENTS TO THE RADIATION EXPOSURE COM2 PENSATION ACT. 

3 (a) AFFECTED AREAS.—Section 4 of the Radiation 

4 Exposure Compensation Act (42 U.S.C. 2210 note; Public 

5 Law 101–426) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1)— 

8 (i) in subparagraph (A)— 

9 (I) in clause (i)— 

10 (aa) in subclause (II), by 

11 striking ‘‘; or’’ and inserting a 

12 semicolon; 

13 (bb) by redesignating sub14 clause (III) as subclause (IV); 

15 and 

16 (cc) by inserting after sub17 clause (II) the following: 

18 ‘‘(III) was physically present in 

19 the affected area described in sub20 section (b)(1)(D) for the period begin21 ning on July 16, 1945, and ending on 

22 August 16, 1945; or’’; and 

23 (II) in clause (ii)(I), by striking 

24 ‘‘physical presence described in sub25 clause (I) or (II) of clause (i) or on26 site participation described in clause 


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1 (i)(III)’’ and inserting ‘‘physical pres2 ence described in subclause (I), (II), 

3 or (III) of clause (i) or onsite partici4 pation described in clause (i)(IV)’’; 

5 and 

6 (ii) in subparagraph (B)— 

7 (I) in clause (i), by striking ‘‘sub8 clause (I) or (II) of subparagraph 

9 (A)(i)’’ and inserting ‘‘subclause (I), 

10 (II), or (III) of subparagraph (A)(i)’’; 

11 and 

12 (II) in clause (ii), by striking 

13 ‘‘subclause (III)’’ and inserting ‘‘sub14 clause (IV)’’; 

15 (B) in paragraph (2)— 

16 (i) in subparagraph (B), by striking ‘‘, 

17 or’’ and inserting a comma; 

18 (ii) by redesignating subparagraph 

19 (C) as subparagraph (D); 

20 (iii) by inserting after subparagraph 

21 (B) the following: 

22 ‘‘(C) was physically present in the affected 

23 area described in subsection (b)(1)(D) for the 

24 period beginning on July 16, 1945, and ending 

25 on August 16, 1945, or’’; and 


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1 (iv) in the matter following subpara2 graph (D), as so redesignated, by striking 

3 ‘‘subparagraph (A) or (B)’’ and all that 

4 follows through ‘‘subparagraph (C)’’ and 

5 inserting ‘‘subparagraph (A), (B), or (C)) 

6 or $75,000 (in the case of an individual 

7 described in subparagraph (D)’’; 

8 (2) in subsection (b)(1)— 

9 (A) in subparagraph (A), by striking ‘‘in 

10 the State’’ and all that follows through ‘‘Piute’’ 

11 and inserting ‘‘the State of Utah’’; 

12 (B) in subparagraph (B), by striking ‘‘; 

13 and’’ and inserting a semicolon; and 

14 (C) by adding at the end the following: 

15 ‘‘(D) with respect to a claim by an indi16 vidual under subsection (a)(1)(A)(i)(III) or sub17 section (a)(2)(C), only the counties of 

18 Bernalillo, Chaves, Guadalupe, Lincoln, 

19 Sandoval, San Miguel, Santa Fe, Socorro, Tor20 rance, and Valencia in the State of New Mex21 ico; and’’. 

22 (b) EXTENSION OF PERIOD OF COMPENSATION.— 

23 (1) TERMINATION OF FUND.—Section 3(d) of 

24 the Radiation Exposure Compensation Act (42 


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1 U.S.C. 2210 note; Public Law 101–426) is amend2 ed— 

3 (A) in the first sentence, by striking ‘‘2 

4 years after the date of enactment of the RECA 

5 Extension Act of 2022’’ and inserting ‘‘8 years 

6 after the date of enactment of the Downwinders 

7 Act’’; and 

8 (B) in the second sentence, by striking ‘‘2- 

9 year period’’ and inserting ‘‘8-year period’’. 

10 (2) ELIGIBILITY.—Section 8(a) of the Radi11 ation Exposure Compensation Act (42 U.S.C. 2210 

12 note; Public Law 101–426) is amended by striking 

13 ‘‘2 years after the date of enactment of the RECA 

14 Extension Act of 2022’’ and inserting ‘‘8 years after 

15 the date of enactment of the Downwinders Act’’. 

16 (c) CLAIMS RELATING TO MANHATTAN PROJECT

17 WASTE.—The Radiation Exposure Compensation Act (42 

18 U.S.C. 2210 note; Public Law 101–426) is amended by 

19 inserting after section 5 the following: 

20 ‘‘SEC. 5A. CLAIMS RELATING TO MANHATTAN PROJECT 

21 WASTE. 

22 ‘‘(a) IN GENERAL.—A claimant shall receive com23 pensation for a claim made under this Act, as described 

24 in subsection (b) or (c), if— 


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1 ‘‘(1) a claim for compensation is filed with the 

2 Attorney General— 

3 ‘‘(A) by an individual described in para4 graph (2); or 

5 ‘‘(B) on behalf of that individual by an au6 thorized agent of that individual, if the indi7 vidual is deceased or incapacitated, such as— 

8 ‘‘(i) an executor of estate of that indi9 vidual; or 

10 ‘‘(ii) a legal guardian or conservator 

11 of that individual; 

12 ‘‘(2) that individual, or if applicable, an author13 ized agent of that individual, demonstrates that the 

14 individual— 

15 ‘‘(A) was physically present in an affected 

16 area for a period of at least 2 years after Janu17 ary 1, 1949; and 

18 ‘‘(B) contracted a specified disease after 

19 such period of physical presence; 

20 ‘‘(3) the Attorney General certifies that the 

21 identity of that individual, and if applicable, the au22 thorized agent of that individual, is not fraudulent 

23 or otherwise misrepresented; and 


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1 ‘‘(4) the Attorney General determines that the 

2 claimant has satisfied the applicable requirements of 

3 this Act. 

4 ‘‘(b) LOSSES AVAILABLE TO LIVING AFFECTED INDI5 VIDUALS.— 

6 ‘‘(1) IN GENERAL.—In the event of a claim 

7 qualifying for compensation under subsection (a) 

8 that is submitted to the Attorney General to be eligi9 ble for compensation under this section at a time 

10 when the individual described in subsection (a)(2) is 

11 living, the amount of compensation under this sec12 tion shall be in an amount that is the greater of 

13 $50,000 or the total amount of compensation for 

14 which the individual is eligible under paragraph (2). 

15 ‘‘(2) LOSSES DUE TO MEDICAL EXPENSES.—A 

16 claimant described in paragraph (1) shall be eligible 

17 to receive, upon submission of contemporaneous 

18 written medical records, reports, or billing state19 ments created by or at the direction of a licensed 

20 medical professional who provided contemporaneous 

21 medical care to the claimant, additional compensa22 tion in the amount of all documented out-of-pocket 

23 medical expenses incurred as a result of the specified 

24 disease suffered by that claimant, such as any medVerDate Sep 11 2014 19:23 Jul 07, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4403.IS S4403

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1 ical expenses not covered, paid for, or reimbursed 

2 through— 

3 ‘‘(A) any public or private health insur4 ance; 

5 ‘‘(B) any employee health insurance; 

6 ‘‘(C) any workers’ compensation program; 

7 or 

8 ‘‘(D) any other public, private, or employee 

9 health program or benefit. 

10 ‘‘(c) PAYMENTS TO BENEFICIARIES OF DECEASED

11 INDIVIDUALS.—In the event that an individual described 

12 in subsection (a)(2) who qualifies for compensation under 

13 subsection (a) is deceased at the time of submission of 

14 the claim— 

15 ‘‘(1) a surviving spouse may, upon submission 

16 of a claim and records sufficient to satisfy the re17 quirements of subsection (a) with respect to the de18 ceased individual, receive compensation in the 

19 amount of $25,000; or 

20 ‘‘(2) in the event that there is no surviving 

21 spouse, the surviving children, minor or otherwise, of 

22 the deceased individual may, upon submission of a 

23 claim and records sufficient to satisfy the require24 ments of subsection (a) with respect to the deceased 

25 individual, receive compensation in the total amount 


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1 of $25,000, paid in equal shares to each surviving 

2 child. 

3 ‘‘(d) AFFECTED AREA.—For purposes of this section, 

4 the term ‘affected area’ means the ZIP Codes in the State 

5 of Missouri of 63031, 63033, 63034, 63042, 63045, 

6 63074, 63114, 63135, 63138, 63044, 63121, 63140, 

7 63145, 63147, 63102, 63304, 63134, 63043, 63341, 

8 63368, and 63367. 

9 ‘‘(e) SPECIFIED DISEASE.—For purposes of this sec10 tion, the term ‘specified disease’ means any of the fol11 lowing: 

12 ‘‘(1) Any leukemia, other than chronic 

13 lymphocytic leukemia, provided that the initial expo14 sure occurred after the age of 20 and the onset of 

15 the disease was at least 2 years after first exposure. 

16 ‘‘(2) Any of the following diseases, provided 

17 that the onset was at least 2 years after the initial 

18 exposure: 

19 ‘‘(A) Multiple myeloma. 

20 ‘‘(B) Lymphoma, other than Hodgkin’s 

21 disease. 

22 ‘‘(C) Primary cancer of the— 

23 ‘‘(i) thyroid; 

24 ‘‘(ii) male or female breast; 

25 ‘‘(iii) esophagus; 


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1 ‘‘(iv) stomach; 

2 ‘‘(v) pharynx; 

3 ‘‘(vi) small intestine; 

4 ‘‘(vii) pancreas; 

5 ‘‘(viii) bile ducts; 

6 ‘‘(ix) gall bladder; 

7 ‘‘(x) salivary gland; 

8 ‘‘(xi) urinary bladder; 

9 ‘‘(xii) brain; 

10 ‘‘(xiii) colon; 

11 ‘‘(xiv) ovary; 

12 ‘‘(xv) bone; 

13 ‘‘(xvi) renal; 

14 ‘‘(xvii) liver, except if cirrhosis or hep15 atitis B is indicated; or 

16 ‘‘(xviii) lung. 

17 ‘‘(f) PHYSICAL PRESENCE.— 

18 ‘‘(1) IN GENERAL.—For purposes of this sec19 tion, the Attorney General shall not determine that 

20 a claimant has satisfied the requirements of sub21 section (a) unless demonstrated by submission of— 

22 ‘‘(A) contemporaneous written residential 

23 documentation and at least 1 additional em24 ployer-issued or government-issued document or 

25 record that the claimant, for at least 2 years 


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1 after January 1, 1949, was physically present 

2 in an affected area; or 

3 ‘‘(B) other documentation determined by 

4 the Attorney General to demonstrate that the 

5 claimant, for at least 2 years after January 1, 

6 1949, was physically present in an affected 

7 area. 

8 ‘‘(2) TYPES OF PHYSICAL PRESENCE.—For 

9 purposes of determining physical presence under this 

10 section, a claimant shall be considered to have been 

11 physically present in an affected area if— 

12 ‘‘(A) the claimant’s primary residence was 

13 in the affected area; 

14 ‘‘(B) the claimant’s place of employment 

15 was in the affected area; or 

16 ‘‘(C) the claimant attended school in the 

17 affected area. 

18 ‘‘(g) DISEASE CONTRACTION IN AFFECTED

19 AREAS.—For purposes of this section, the Attorney Gen20 eral shall not determine that a claimant has satisfied the 

21 requirements of subsection (a) unless the claimant sub22 mits— 

23 ‘‘(1) written medical records or reports created 

24 by or at the direction of a licensed medical profes25 sional, created contemporaneously with the provision 


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1 of medical care to the claimant, that the claimant, 

2 after a period of physical presence in an affected 

3 area, contracted a specified disease; or 

4 ‘‘(2) other documentation determined by the At5 torney General to demonstrate that the claimant 

6 contracted a specified disease after a period of phys7 ical presence in an affected area.’’. 

8 (d) CONFORMING AMENDMENTS.—Section 6 of the 

9 Radiation Exposure Compensation Act (42 U.S.C. 2210 

10 note; Public Law 101–426) is amended— 

11 (1) in subsection (b)(2)(C), by striking ‘‘section 

12 4(a)(2)(C)’’ and inserting ‘‘section 4(a)(2)(D)’’; 

13 (2) in subsection (c)(2)— 

14 (A) in subparagraph (A)— 

15 (i) in the matter preceding clause (i), 

16 by striking ‘‘subsection (a)(1), (a)(2)(A), 

17 or (a)(2)(B) of section 4’’ and inserting 

18 ‘‘subsection (a)(1), (a)(2)(A), (a)(2)(B), or 

19 (a)(2)(C) of section 4’’; and 

20 (ii) in clause (i), by striking ‘‘sub21 section (a)(1), (a)(2)(A), or (a)(2)(B) of 

22 section 4’’ and inserting ‘‘subsection 

23 (a)(1), (a)(2)(A), (a)(2)(B), or (a)(2)(C) of 

24 section 4’’; and 


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1 (B) in subparagraph (B), by striking ‘‘sec2 tion 4(a)(2)(C)’’ and inserting ‘‘section 

3 4(a)(2)(D)’’; and 

4 (3) in subsection (e), by striking ‘‘subsection 

5 (a)(1), (a)(2)(A), or (a)(2)(B) of section 4’’ and in6 serting ‘‘subsection (a)(1), (a)(2)(A), (a)(2)(B), or 

7 (a)(2)(C) of section 4’’. 

8 SEC. 3. STUDY ON COUNTIES AFFECTED BY RADIATION 

9 FALL-OUT DUE TO OPEN AIR NUCLEAR TEST10 ING CONDUCTED IN NEVADA AND NEW MEX11 ICO. 

12 Not later than 1 year after the date of enactment 

13 of this Act, the Secretary of Health and Human Services, 

14 in consultation with the Secretary of Energy, shall conduct 

15 a research study and report to Congress on which counties 

16 were affected by radiation fall-out due to open air nuclear 

17 testing conducted in Nevada and New Mexico, as identi18 fied using evidence-based analysis. 

Æ 


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