II 

Calendar No. 336 

118TH CONGRESS 

2D SESSION S. 3853 

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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 29, 2024 

Mr. HAWLEY introduced the following bill; which was read the first time 

MARCH 5, 2024 

Read the second time and placed on the calendar 

A BILL 

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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Radiation Exposure Compensation Reauthorization 

4 Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 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. 

7 TITLE I—MANHATTAN PROJECT 

8 WASTE 

9 SEC. 101. SHORT TITLE. 

10 (a) SHORT TITLE.—This title may be cited as the 

11 ‘‘Radiation Exposure Compensation Expansion Act’’. 


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1 SEC. 102. CLAIMS RELATING TO MANHATTAN PROJECT 

2 WASTE. 

3 The Radiation Exposure Compensation Act (Public 

4 Law 101–426; 42 U.S.C. 2210 note) is amended by insert5 ing after section 5 the following: 

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

7 WASTE. 

8 ‘‘(a) IN GENERAL.—A claimant shall receive com9 pensation for a claim made under this Act, as described 

10 in subsection (b) or (c), if— 

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

12 Attorney General— 

13 ‘‘(A) by an individual described in para14 graph (2); or 

15 ‘‘(B) on behalf of that individual by an au16 thorized agent of that individual, if the indi17 vidual is deceased or incapacitated, such as— 

18 ‘‘(i) an executor of estate of that indi19 vidual; or 

20 ‘‘(ii) a legal guardian or conservator 

21 of that individual; 

22 ‘‘(2) that individual, or if applicable, an author23 ized agent of that individual, demonstrates that the 

24 individual— 


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

2 area for a period of at least 2 years after Janu3 ary 1, 1949; and 

4 ‘‘(B) contracted a specified disease after 

5 such period of physical presence; 

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

7 identity of that individual, and if applicable, the au8 thorized agent of that individual, is not fraudulent 

9 or otherwise misrepresented; and 

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

11 claimant has satisfied the applicable requirements of 

12 this Act. 

13 ‘‘(b) LOSSES AVAILABLE TO LIVING AFFECTED INDI14 VIDUALS.— 

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

16 qualifying for compensation under subsection (a) 

17 that is submitted to the Attorney General to be eligi18 ble for compensation under this section at a time 

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

20 living, the amount of compensation under this sec21 tion shall be in an amount that is the greater of 

22 $50,000 or the total amount of compensation for 

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

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

25 claimant described in paragraph (1) shall be eligible 


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1 to receive, upon submission of contemporaneous 

2 written medical records, reports, or billing state3 ments created by or at the direction of a licensed 

4 medical professional who provided contemporaneous 

5 medical care to the claimant, additional compensa6 tion in the amount of all documented out-of-pocket 

7 medical expenses incurred as a result of the specified 

8 disease suffered by that claimant, such as any med9 ical expenses not covered, paid for, or reimbursed 

10 through— 

11 ‘‘(A) any public or private health insur12 ance; 

13 ‘‘(B) any employee health insurance; 

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

15 or 

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

17 health program or benefit. 

18 ‘‘(c) PAYMENTS TO BENEFICIARIES OF DECEASED

19 INDIVIDUALS.—In the event that an individual described 

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

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

22 the claim— 

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

24 of a claim and records sufficient to satisfy the re25 quirements of subsection (a) with respect to the deVerDate Sep 11 2014 23:56 Mar 05, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3853.PCS S3853

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1 ceased individual, receive compensation in the 

2 amount of $25,000; or 

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

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

5 the deceased individual may, upon submission of a 

6 claim and records sufficient to satisfy the require7 ments of subsection (a) with respect to the deceased 

8 individual, receive compensation in the total amount 

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

10 child. 

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

12 the term ‘affected area’ means— 

13 ‘‘(1) in the State of Missouri, the ZIP Codes of 

14 63031, 63033, 63034, 63042, 63045, 63074, 63114, 

15 63135, 63138, 63044, 63121, 63140, 63145, 63147, 

16 63102, 63304, 63134, 63043, 63341, 63368, and 

17 63367; 

18 ‘‘(2) in the State of Tennessee, the ZIP Codes 

19 of 37716, 37840, 37719, 37748, 37763, 37828, 

20 37769, 37710, 37845, 37887, 37829, 37854, 37830, 

21 and 37831; 

22 ‘‘(3) in the State of Alaska, the ZIP Codes of 

23 99546 and 99547; and 

24 ‘‘(4) in the State of Kentucky, the ZIP Codes 

25 of 42001, 42003, and 42086. 


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1 ‘‘(e) SPECIFIED DISEASE.—For purposes of this sec2 tion, the term ‘specified disease’ means any of the fol3 lowing: 

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

5 lymphocytic leukemia, provided that the initial expo6 sure occurred after the age of 20 and the onset of 

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

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

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

10 exposure: 

11 ‘‘(A) Multiple myeloma. 

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

13 disease. 

14 ‘‘(C) Primary cancer of the— 

15 ‘‘(i) thyroid; 

16 ‘‘(ii) male or female breast; 

17 ‘‘(iii) esophagus; 

18 ‘‘(iv) stomach; 

19 ‘‘(v) pharynx; 

20 ‘‘(vi) small intestine; 

21 ‘‘(vii) pancreas; 

22 ‘‘(viii) bile ducts; 

23 ‘‘(ix) gall bladder; 

24 ‘‘(x) salivary gland; 

25 ‘‘(xi) urinary bladder; 


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1 ‘‘(xii) brain; 

2 ‘‘(xiii) colon; 

3 ‘‘(xiv) ovary; 

4 ‘‘(xv) bone; 

5 ‘‘(xvi) renal; 

6 ‘‘(xvii) liver, except if cirrhosis or hep7 atitis B is indicated; or 

8 ‘‘(xviii) lung. 

9 ‘‘(f) PHYSICAL PRESENCE.— 

10 ‘‘(1) IN GENERAL.—For purposes of this sec11 tion, the Attorney General shall not determine that 

12 a claimant has satisfied the requirements of sub13 section (a) unless demonstrated by submission of— 

14 ‘‘(A) contemporaneous written residential 

15 documentation and at least 1 additional em16 ployer-issued or government-issued document or 

17 record that the claimant, for at least 2 years 

18 after January 1, 1949, was physically present 

19 in an affected area; or 

20 ‘‘(B) other documentation determined by 

21 the Attorney General to demonstrate that the 

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

23 1949, was physically present in an affected 

24 area. 


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

2 purposes of determining physical presence under this 

3 section, a claimant shall be considered to have been 

4 physically present in an affected area if— 

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

6 in the affected area; 

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

8 was in the affected area; or 

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

10 affected area. 

11 ‘‘(g) DISEASE CONTRACTION IN AFFECTED

12 AREAS.—For purposes of this section, the Attorney Gen13 eral shall not determine that a claimant has satisfied the 

14 requirements of subsection (a) unless the claimant sub15 mits— 

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

17 by or at the direction of a licensed medical profes18 sional, created contemporaneously with the provision 

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

20 after a period of physical presence in an affected 

21 area, contracted a specified disease; or 

22 ‘‘(2) other documentation determined by the At23 torney General to demonstrate that the claimant 

24 contracted a specified disease after a period of phys25 ical presence in an affected area.’’. 


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1 SEC. 103. COOPERATIVE AGREEMENT. 

2 (a) IN GENERAL.—Not later than September 30, 

3 2024, the Secretary of Energy, acting through the Direc4 tor of the Office of Legacy Management, shall award to 

5 an eligible association a cooperative agreement to support 

6 the safeguarding of human and ecological health at the 

7 Amchitka, Alaska, Site. 

8 (b) REQUIREMENTS.—A cooperative agreement 

9 awarded under subsection (a)— 

10 (1) may be used to fund— 

11 (A) research and development that will im12 prove and focus long-term surveillance and 

13 monitoring of the site; 

14 (B) workforce development at the site; and 

15 (C) such other activities as the Secretary 

16 considers appropriate; and 

17 (2) shall require that the eligible association— 

18 (A) engage in stakeholder engagement; and 

19 (B) to the greatest extent practicable, in20 corporate Indigenous knowledge and the partici21 pation of local Indian Tribes in research and 

22 development and workforce development activi23 ties. 

24 (c) DEFINITIONS.—In this section: 


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1 (1) ELIGIBLE ASSOCIATION.—The term ‘‘eligi2 ble association’’ means an association of 2 or more 

3 of the following: 

4 (A) An institution of higher education (as 

5 that term is defined in section 101(a) of the 

6 Higher Education Act of 1965 (20 U.S.C. 

7 1001(a))) located in the State of Alaska. 

8 (B) An agency of the State of Alaska. 

9 (C) A local Indian Tribe. 

10 (D) An organization— 

11 (i) described in section 501(c)(3) of 

12 the Internal Revenue Code of 1986 and ex13 empt from taxation under section 501(a) 

14 of such Code; and 

15 (ii) located in the State of Alaska. 

16 (2) LOCAL INDIAN TRIBE.—The term ‘‘local In17 dian Tribe’’ means an Indian tribe (as that term is 

18 defined in section 4 of the Indian Self-Determination 

19 and Education Assistance Act (25 U.S.C. 5304)) 

20 that is located in the Aleut Region of the State of 

21 Alaska. 


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1 TITLE II— COMPENSATION FOR 

2 WORKERS INVOLVED IN URA3 NIUM MINING AND INDIVID4 UALS LIVING DOWNWIND OF 

5 ATMOSPHERIC NUCLEAR 

6 TESTING 

7 SEC. 201. SHORT TITLE. 

8 This title may be cited as the ‘‘Radiation Exposure 

9 Compensation Act Amendments of 2024’’. 

10 SEC. 202. REFERENCES. 

11 Except as otherwise specifically provided, whenever in 

12 this title an amendment or repeal is expressed in terms 

13 of an amendment to or repeal of a section or other provi14 sion of law, the reference shall be considered to be made 

15 to a section or other provision of the Radiation Exposure 

16 Compensation Act (Public Law 101–426; 42 U.S.C. 2210 

17 note). 

18 SEC. 203. EXTENSION OF FUND. 

19 Section 3(d) is amended— 

20 (1) by striking the first sentence and inserting 

21 ‘‘The Fund shall terminate 6 years after the date of 

22 the enactment of the Radiation Exposure Compensa23 tion Act Amendments of 2024.’’; and 

24 (2) by striking ‘‘2-year’’ and inserting ‘‘6-year’’. 


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1 SEC. 204. CLAIMS RELATING TO ATMOSPHERIC TESTING. 

2 (a) LEUKEMIA CLAIMS RELATING TO TRINITY TEST

3 IN NEW MEXICO AND TESTS AT THE NEVADA SITE AND

4 IN THE PACIFIC.—Section 4(a)(1)(A) is amended— 

5 (1) in clause (i)— 

6 (A) in subclause (I), by striking ‘‘October 

7 31, 1958’’ and inserting ‘‘November 6, 1962’’; 

8 (B) in subclause (II)— 

9 (i) by striking ‘‘in the affected area’’ 

10 and inserting ‘‘in an affected area’’; and 

11 (ii) by striking ‘‘or’’ after the semi12 colon; 

13 (C) by redesignating subclause (III) as 

14 subclause (V); and 

15 (D) by inserting after subclause (II) the 

16 following: 

17 ‘‘(III) was physically present in an af18 fected area for a period of at least 1 year 

19 during the period beginning on September 

20 24, 1944, and ending on November 6, 

21 1962; 

22 ‘‘(IV) was physically present in an af23 fected area— 

24 ‘‘(aa) for a period of at least 1 

25 year during the period beginning on 


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1 July 1, 1946, and ending on Novem2 ber 6, 1962; or 

3 ‘‘(bb) for the period beginning on 

4 April 25, 1962, and ending on No5 vember 6, 1962; or’’; and 

6 (2) in clause (ii)(I), by striking ‘‘physical pres7 ence described in subclause (I) or (II) of clause (i) 

8 or onsite participation described in clause (i)(III)’’ 

9 and inserting ‘‘physical presence described in sub10 clause (I), (II), (III), or (IV) of clause (i) or onsite 

11 participation described in clause (i)(V)’’. 

12 (b) AMOUNTS FOR CLAIMS RELATED TO LEU13 KEMIA.—Section 4(a)(1) is amended— 

14 (1) in subparagraph (A), by striking ‘‘an 

15 amount’’ and inserting ‘‘the amount’’; and 

16 (2) by striking subparagraph (B) and inserting 

17 the following: 

18 ‘‘(B) AMOUNT.—If the conditions de19 scribed in subparagraph (C) are met, an indi20 vidual who is described in subparagraph (A) 

21 shall receive $100,000.’’. 

22 (c) CONDITIONS FOR CLAIMS RELATED TO LEU23 KEMIA.—Section 4(a)(1)(C) is amended— 

24 (1) by striking clause (i); and 


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1 (2) by redesignating clauses (ii) and (iii) as 

2 clauses (i) and (ii), respectively. 

3 (d) SPECIFIED DISEASES CLAIMS RELATING TO

4 TRINITY TEST IN NEW MEXICO AND TESTS AT THE NE5 VADA SITE AND IN THE PACIFIC.—Section 4(a)(2) is 

6 amended— 

7 (1) in subparagraph (A)— 

8 (A) by striking ‘‘in the affected area’’ and 

9 inserting ‘‘in an affected area’’; 

10 (B) by striking ‘‘2 years’’ and inserting ‘‘1 

11 year’’; and 

12 (C) by striking ‘‘October 31, 1958’’ and 

13 inserting ‘‘November 6, 1962’’; 

14 (2) in subparagraph (B)— 

15 (A) by striking ‘‘in the affected area’’ and 

16 inserting ‘‘in an affected area’’; and 

17 (B) by striking ‘‘or’’ at the end; 

18 (3) by redesignating subparagraph (C) as sub19 paragraph (E); and 

20 (4) by inserting after subparagraph (B) the fol21 lowing: 

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

23 area for a period of at least 1 year during the 

24 period beginning on September 24, 1944, and 

25 ending on November 6, 1962; 


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1 ‘‘(D) was physically present in an affected 

2 area— 

3 ‘‘(i) for a period of at least 1 year 

4 during the period beginning on July 1, 

5 1946, and ending on November 6, 1962; or 

6 ‘‘(ii) for the period beginning on April 

7 25, 1962, and ending on November 6, 

8 1962; or’’. 

9 (e) AMOUNTS FOR CLAIMS RELATED TO SPECIFIED

10 DISEASES.—Section 4(a)(2) is amended in the matter fol11 lowing subparagraph (E) (as redesignated by subsection 

12 (d) of this section) by striking ‘‘$50,000 (in the case of 

13 an individual described in subparagraph (A) or (B)) or 

14 $75,000 (in the case of an individual described in subpara15 graph (C)),’’ and inserting ‘‘$100,000’’. 

16 (f) DOWNWIND STATES.—Section 4(b)(1) is amended 

17 to read as follows: 

18 ‘‘(1) ‘affected area’ means— 

19 ‘‘(A) except as provided under subpara20 graphs (B) and (C), Arizona, Colorado, Idaho, 

21 Montana, Nevada, New Mexico, Utah, and 

22 Guam; 

23 ‘‘(B) with respect to a claim by an indi24 vidual under subsection (a)(1)(A)(i)(III) or sub25 section (a)(2)(C), only New Mexico; and 


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1 ‘‘(C) with respect to a claim by an indi2 vidual under subsection (a)(1)(A)(i)(IV) or sub3 section (a)(2)(D), only Guam.’’. 

4 (g) CHRONIC LYMPHOCYTIC LEUKEMIA AS A SPECI5 FIED DISEASE.—Section 4(b)(2) is amended by striking 

6 ‘‘other than chronic lymphocytic leukemia’’ and inserting 

7 ‘‘including chronic lymphocytic leukemia’’. 

8 SEC. 205. CLAIMS RELATING TO URANIUM MINING. 

9 (a) EMPLOYEES OF MINES AND MILLS.—Section 

10 5(a)(1)(A)(i) is amended— 

11 (1) by inserting ‘‘(I)’’ after ‘‘(i)’’; 

12 (2) by striking ‘‘December 31, 1971; and’’ and 

13 inserting ‘‘December 31, 1990; or’’; and 

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

15 ‘‘(II) was employed as a core driller in 

16 a State referred to in subclause (I) during 

17 the period described in such subclause; 

18 and’’. 

19 (b) MINERS.—Section 5(a)(1)(A)(ii)(I) is amended 

20 by inserting ‘‘or renal cancer or any other chronic renal 

21 disease, including nephritis and kidney tubal tissue in22 jury’’ after ‘‘nonmalignant respiratory disease’’. 

23 (c) MILLERS, CORE DRILLERS, AND ORE TRANS24 PORTERS.—Section 5(a)(1)(A)(ii)(II) is amended— 


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1 (1) by inserting ‘‘, core driller,’’ after ‘‘was a 

2 miller’’; 

3 (2) by inserting ‘‘, or was involved in remedi4 ation efforts at such a uranium mine or uranium 

5 mill,’’ after ‘‘ore transporter’’; 

6 (3) by inserting ‘‘(I)’’ after ‘‘clause (i)’’; and 

7 (4) by striking all that follows ‘‘nonmalignant 

8 respiratory disease’’ and inserting ‘‘or renal cancer 

9 or any other chronic renal disease, including nephri10 tis and kidney tubal tissue injury; or’’. 

11 (d) COMBINED WORK HISTORIES.—Section 

12 5(a)(1)(A)(ii) is further amended— 

13 (1) by striking ‘‘or’’ at the end of subclause (I); 

14 and 

15 (2) by adding at the end the following: 

16 ‘‘(III)(aa) does not meet the condi17 tions of subclause (I) or (II); 

18 ‘‘(bb) worked, during the period de19 scribed in clause (i)(I), in two or more of 

20 the following positions: miner, miller, core 

21 driller, and ore transporter; 

22 ‘‘(cc) meets the requirements of para23 graph (4) or (5), or both; and 

24 ‘‘(dd) submits written medical docu25 mentation that the individual developed 


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1 lung cancer or a nonmalignant respiratory 

2 disease or renal cancer or any other chron3 ic renal disease, including nephritis and 

4 kidney tubal tissue injury after exposure to 

5 radiation through work in one or more of 

6 the positions referred to in item (bb);’’. 

7 (e) DATES OF OPERATION OF URANIUM MINE.—Sec8 tion 5(a)(2)(A) is amended by striking ‘‘December 31, 

9 1971’’ and inserting ‘‘December 31, 1990’’. 

10 (f) SPECIAL RULES RELATING TO COMBINED WORK

11 HISTORIES.—Section 5(a) is amended by adding at the 

12 end the following: 

13 ‘‘(4) SPECIAL RULE RELATING TO COMBINED

14 WORK HISTORIES FOR INDIVIDUALS WITH AT LEAST

15 ONE YEAR OF EXPERIENCE.—An individual meets 

16 the requirements of this paragraph if the individual 

17 worked in one or more of the positions referred to 

18 in paragraph (1)(A)(ii)(III)(bb) for a period of at 

19 least one year during the period described in para20 graph (1)(A)(i)(I). 

21 ‘‘(5) SPECIAL RULE RELATING TO COMBINED

22 WORK HISTORIES FOR MINERS.—An individual 

23 meets the requirements of this paragraph if the indi24 vidual, during the period described in paragraph 

25 (1)(A)(i)(I), worked as a miner and was exposed to 


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1 such number of working level months that the Attor2 ney General determines, when combined with the ex3 posure of such individual to radiation through work 

4 as a miller, core driller, or ore transporter during 

5 the period described in paragraph (1)(A)(i)(I), re6 sults in such individual being exposed to a total level 

7 of radiation that is greater or equal to the level of 

8 exposure of an individual described in paragraph 

9 (4).’’. 

10 (g) DEFINITION OF CORE DRILLER.—Section 5(b) is 

11 amended— 

12 (1) by striking ‘‘and’’ at the end of paragraph 

13 (7); 

14 (2) by striking the period at the end of para15 graph (8) and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(9) the term ‘core driller’ means any indi18 vidual employed to engage in the act or process of 

19 obtaining cylindrical rock samples of uranium or va20 nadium by means of a borehole drilling machine for 

21 the purpose of mining uranium or vanadium.’’. 

22 SEC. 206. EXPANSION OF USE OF AFFIDAVITS IN DETER23 MINATION OF CLAIMS; REGULATIONS. 

24 (a) AFFIDAVITS.—Section 6(b) is amended by adding 

25 at the end the following: 


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1 ‘‘(3) AFFIDAVITS.— 

2 ‘‘(A) EMPLOYMENT HISTORY.—For pur3 poses of this Act, the Attorney General shall ac4 cept a written affidavit or declaration as evi5 dence to substantiate the employment history of 

6 an individual as a miner, miller, core driller, or 

7 ore transporter if the affidavit— 

8 ‘‘(i) is provided in addition to other 

9 material that may be used to substantiate 

10 the employment history of the individual; 

11 ‘‘(ii) attests to the employment history 

12 of the individual; 

13 ‘‘(iii) is made subject to penalty for 

14 perjury; and 

15 ‘‘(iv) is made by a person other than 

16 the individual filing the claim. 

17 ‘‘(B) PHYSICAL PRESENCE IN AFFECTED

18 AREA.—For purposes of this Act, the Attorney 

19 General shall accept a written affidavit or dec20 laration as evidence to substantiate an individ21 ual’s physical presence in an affected area (as 

22 defined in section 4(b)(1)) during a period de23 scribed in section 4(a)(1)(A)(i) or section 

24 4(a)(2) if the affidavit— 


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1 ‘‘(i) is provided in addition to other 

2 material that may be used to substantiate 

3 the individual’s presence in an affected 

4 area during that time period; 

5 ‘‘(ii) attests to the individual’s pres6 ence in an affected area during that pe7 riod; 

8 ‘‘(iii) is made subject to penalty for 

9 perjury; and 

10 ‘‘(iv) is made by a person other than 

11 the individual filing the claim. 

12 ‘‘(C) PARTICIPATION AT TESTING SITE.— 

13 For purposes of this Act, the Attorney General 

14 shall accept a written affidavit or declaration as 

15 evidence to substantiate an individual’s partici16 pation onsite in a test involving the atmospheric 

17 detonation of a nuclear device if the affidavit— 

18 ‘‘(i) is provided in addition to other 

19 material that may be used to substantiate 

20 the individual’s participation onsite in a 

21 test involving the atmospheric detonation 

22 of a nuclear device; 

23 ‘‘(ii) attests to the individual’s partici24 pation onsite in a test involving the atmos25 pheric detonation of a nuclear device; 


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1 ‘‘(iii) is made subject to penalty for 

2 perjury; and 

3 ‘‘(iv) is made by a person other than 

4 the individual filing the claim.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

6 Section 6 is amended— 

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

8 4(a)(2)(C)’’ and inserting ‘‘section 4(a)(2)(E)’’; 

9 (2) in subsection (c)(2)— 

10 (A) in subparagraph (A)— 

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

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

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

14 ‘‘subsection (a)(1), (a)(2)(A), (a)(2)(B), 

15 (a)(2)(C), or (a)(2)(D) of section 4’’; and 

16 (ii) in clause (i), by striking ‘‘sub17 section (a)(1), (a)(2)(A), or (a)(2)(B) of 

18 section 4’’ and inserting ‘‘subsection 

19 (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or 

20 (a)(2)(D) of section 4’’; and 

21 (B) in subparagraph (B), by striking ‘‘sec22 tion 4(a)(2)(C)’’ and inserting ‘‘section 

23 4(a)(2)(E)’’; and 

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

25 (a)(1), (a)(2)(A), or (a)(2)(B) of section 4’’ and inVerDate Sep 11 2014 23:56 Mar 05, 2024 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3853.PCS S3853

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•S 3853 PCS

1 serting ‘‘subsection (a)(1), (a)(2)(A), (a)(2)(B), 

2 (a)(2)(C), or (a)(2)(D) of section 4’’. 

3 (c) REGULATIONS.— 

4 (1) IN GENERAL.—Section 6(k) is amended by 

5 adding at the end the following: ‘‘Not later than 180 

6 days after the date of enactment of the Radiation 

7 Exposure Compensation Act Amendments of 2024, 

8 the Attorney General shall issue revised regulations 

9 to carry out this Act.’’. 

10 (2) CONSIDERATIONS IN REVISIONS.—In 

11 issuing revised regulations under section 6(k) of the 

12 Radiation Exposure Compensation Act (Public Law 

13 101–426; 42 U.S.C. 2210 note), as amended under 

14 paragraph (1), the Attorney General shall ensure 

15 that procedures with respect to the submission and 

16 processing of claims under such Act take into ac17 count and make allowances for the law, tradition, 

18 and customs of Indian tribes, including by accepting 

19 as a record of proof of physical presence for a claim20 ant a grazing permit, a homesite lease, a record of 

21 being a holder of a post office box, a letter from an 

22 elected leader of an Indian tribe, or a record of any 

23 recognized tribal association or organization. 


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1 SEC. 207. LIMITATION ON CLAIMS. 

2 (a) EXTENSION OF FILING TIME.—Section 8(a) is 

3 amended— 

4 (1) by striking ‘‘2 years’’ and inserting ‘‘5 

5 years’’; and 

6 (2) by striking ‘‘RECA Extension Act of 2022’’ 

7 and inserting ‘‘Radiation Exposure Compensation 

8 Act Amendments of 2024’’. 

9 (b) RESUBMITTAL OF CLAIMS.—Section 8(b) is 

10 amended to read as follows: 

11 ‘‘(b) RESUBMITTAL OF CLAIMS.— 

12 ‘‘(1) DENIED CLAIMS.—After the date of enact13 ment of the Radiation Exposure Compensation Act 

14 Amendments of 2024, any claimant who has been 

15 denied compensation under this Act may resubmit a 

16 claim for consideration by the Attorney General in 

17 accordance with this Act not more than three times. 

18 Any resubmittal made before the date of the enact19 ment of the Radiation Exposure Compensation Act 

20 Amendments of 2024 shall not be applied to the lim21 itation under the preceding sentence. 

22 ‘‘(2) PREVIOUSLY SUCCESSFUL CLAIMS.— 

23 ‘‘(A) IN GENERAL.—After the date of en24 actment of the Radiation Exposure Compensa25 tion Act Amendments of 2024, any claimant 

26 who received compensation under this Act may 


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•S 3853 PCS

1 submit a request to the Attorney General for 

2 additional compensation and benefits. Such re3 quest shall contain— 

4 ‘‘(i) the claimant’s name, social secu5 rity number, and date of birth; 

6 ‘‘(ii) the amount of award received 

7 under this Act before the date of enact8 ment of the Radiation Exposure Com9 pensation Act Amendments of 2024; 

10 ‘‘(iii) any additional benefits and com11 pensation sought through such request; 

12 and 

13 ‘‘(iv) any additional information re14 quired by the Attorney General. 

15 ‘‘(B) ADDITIONAL COMPENSATION.—If the 

16 claimant received compensation under this Act 

17 before the date of enactment of the Radiation 

18 Exposure Compensation Act Amendments of 

19 2024 and submits a request under subpara20 graph (A), the Attorney General shall— 

21 ‘‘(i) pay the claimant the amount that 

22 is equal to any excess of— 

23 ‘‘(I) the amount the claimant is 

24 eligible to receive under this Act (as 

25 amended by the Radiation Exposure 


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1 Compensation Act Amendments of 

2 2024); minus 

3 ‘‘(II) the aggregate amount paid 

4 to the claimant under this Act before 

5 the date of enactment of the Radi6 ation Exposure Compensation Act 

7 Amendments of 2024; and 

8 ‘‘(ii) in any case in which the claimant 

9 was compensated under section 4, provide 

10 the claimant with medical benefits under 

11 section 4(a)(5).’’. 

12 SEC. 208. GRANT PROGRAM ON EPIDEMIOLOGICAL IM13 PACTS OF URANIUM MINING AND MILLING. 

14 (a) DEFINITIONS.—In this section— 

15 (1) the term ‘‘institution of higher education’’ 

16 has the meaning given under section 101 of the 

17 Higher Education Act of 1965 (20 U.S.C. 1001); 

18 (2) the term ‘‘program’’ means the grant pro19 gram established under subsection (b); and 

20 (3) the term ‘‘Secretary’’ means the Secretary 

21 of Health and Human Services. 

22 (b) ESTABLISHMENT.—The Secretary shall establish 

23 a grant program relating to the epidemiological impacts 

24 of uranium mining and milling. Grants awarded under the 

25 program shall be used for the study of the epidemiological 


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1 impacts of uranium mining and milling among non-occu2 pationally exposed individuals, including family members 

3 of uranium miners and millers. 

4 (c) ADMINISTRATION.—The Secretary shall admin5 ister the program through the National Institute of Envi6 ronmental Health Sciences. 

7 (d) ELIGIBILITY AND APPLICATION.—Any institution 

8 of higher education or nonprofit private entity shall be eli9 gible to apply for a grant. To apply for a grant an eligible 

10 institution or entity shall submit to the Secretary an appli11 cation at such time, in such manner, and containing or 

12 accompanied by such information as the Secretary may 

13 reasonably require. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out this section 

16 $3,000,000 for each of fiscal years 2024 through 2026. 

17 SEC. 209. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 

18 COMPENSATION PROGRAM. 

19 (a) COVERED EMPLOYEES WITH CANCER.—Section 

20 3621(9) of the Energy Employees Occupational Illness 

21 Compensation Program Act of 2000 (42 U.S.C. 7384l(9)) 

22 is amended by striking subparagraph (A) and inserting 

23 the following: 


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1 ‘‘(A) An individual with a specified cancer 

2 who is a member of the Special Exposure Co3 hort, if and only if— 

4 ‘‘(i) that individual contracted that 

5 specified cancer after beginning employ6 ment at a Department of Energy facility 

7 (in the case of a Department of Energy 

8 employee or Department of Energy con9 tractor employee) or at an atomic weapons 

10 employer facility (in the case of an atomic 

11 weapons employee); or 

12 ‘‘(ii) that individual— 

13 ‘‘(I) contracted that specified 

14 cancer after beginning employment in 

15 a uranium mine or uranium mill de16 scribed under section 5(a)(1)(A)(i) of 

17 the Radiation Exposure Compensation 

18 Act (42 U.S.C. 2210 note) (including 

19 any individual who was employed in 

20 core drilling or the transport of ura21 nium ore or vanadium-uranium ore 

22 from such mine or mill) located in 

23 Colorado, New Mexico, Arizona, Wyo24 ming, South Dakota, Washington, 

25 Utah, Idaho, North Dakota, Oregon, 


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1 Texas, or any State the Attorney Gen2 eral makes a determination under sec3 tion 5(a)(2) of that Act for inclusion 

4 of eligibility under section 5(a)(1) of 

5 that Act; and 

6 ‘‘(II) was employed in a uranium 

7 mine or uranium mill described under 

8 subclause (I) (including any individual 

9 who was employed in core drilling or 

10 the transport of uranium ore or vana11 dium-uranium ore from such mine or 

12 mill) at any time during the period 

13 beginning on January 1, 1942, and 

14 ending on December 31, 1990.’’. 

15 (b) MEMBERS OF SPECIAL EXPOSURE COHORT.— 

16 Section 3626 of the Energy Employees Occupational Ill17 ness Compensation Program Act of 2000 (42 U.S.C. 

18 7384q) is amended— 

19 (1) in subsection (a), by striking paragraph (1) 

20 and inserting the following: 

21 ‘‘(1) The Advisory Board on Radiation and 

22 Worker Health under section 3624 shall advise the 

23 President whether there is a class of employees— 

24 ‘‘(A) at any Department of Energy facility 

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1 cility but for whom it is not feasible to estimate 

2 with sufficient accuracy the radiation dose they 

3 received; and 

4 ‘‘(B) employed in a uranium mine or ura5 nium mill described under section 5(a)(1)(A)(i) 

6 of the Radiation Exposure Compensation Act 

7 (42 U.S.C. 2210 note) (including any individual 

8 who was employed in core drilling or the trans9 port of uranium ore or vanadium-uranium ore 

10 from such mine or mill) located in Colorado, 

11 New Mexico, Arizona, Wyoming, South Dakota, 

12 Washington, Utah, Idaho, North Dakota, Or13 egon, Texas, and any State the Attorney Gen14 eral makes a determination under section 

15 5(a)(2) of that Act for inclusion of eligibility 

16 under section 5(a)(1) of that Act, at any time 

17 during the period beginning on January 1, 

18 1942, and ending on December 31, 1990, who 

19 likely were exposed to radiation at that mine or 

20 mill but for whom it is not feasible to estimate 

21 with sufficient accuracy the radiation dose they 

22 received.’’; and 

23 (2) by striking subsection (b) and inserting the 

24 following: 

25 ‘‘(b) DESIGNATION OF ADDITIONAL MEMBERS.— 


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1 ‘‘(1) Subject to the provisions of section 

2 3621(14)(C), the members of a class of employees at 

3 a Department of Energy facility, or at an atomic 

4 weapons employer facility, may be treated as mem5 bers of the Special Exposure Cohort for purposes of 

6 the compensation program if the President, upon 

7 recommendation of the Advisory Board on Radiation 

8 and Worker Health, determines that— 

9 ‘‘(A) it is not feasible to estimate with suf10 ficient accuracy the radiation dose that the 

11 class received; and 

12 ‘‘(B) there is a reasonable likelihood that 

13 such radiation dose may have endangered the 

14 health of members of the class. 

15 ‘‘(2) Subject to the provisions of section 

16 3621(14)(C), the members of a class of employees 

17 employed in a uranium mine or uranium mill de18 scribed under section 5(a)(1)(A)(i) of the Radiation 

19 Exposure Compensation Act (42 U.S.C. 2210 note) 

20 (including any individual who was employed in core 

21 drilling or the transport of uranium ore or vana22 dium-uranium ore from such mine or mill) located in 

23 Colorado, New Mexico, Arizona, Wyoming, South 

24 Dakota, Washington, Utah, Idaho, North Dakota, 

25 Oregon, Texas, and any State the Attorney General 


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1 makes a determination under section 5(a)(2) of that 

2 Act for inclusion of eligibility under section 5(a)(1) 

3 of that Act, at any time during the period beginning 

4 on January 1, 1942, and ending on December 31, 

5 1990, may be treated as members of the Special Ex6 posure Cohort for purposes of the compensation pro7 gram if the President, upon recommendation of the 

8 Advisory Board on Radiation and Worker Health, 

9 determines that— 

10 ‘‘(A) it is not feasible to estimate with suf11 ficient accuracy the radiation dose that the 

12 class received; and 

13 ‘‘(B) there is a reasonable likelihood that 

14 such radiation dose may have endangered the 

15 health of members of the class.’’. 

16 SEC. 210. GAO STUDY AND REPORT. 

17 Not later than 1 year after the date of enactment 

18 of this Act, the Comptroller General of the United States 

19 shall conduct, and submit to Congress a report describing 

20 the results of, a study on the importance of, and need for, 

21 unmet medical benefits coverage for individuals who were 

22 exposed to radiation in atmospheric nuclear tests con23 ducted by the Federal Government, and recommendations 

24 to provide such unmet medical benefits coverage for such 

25 individuals. 


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Calendar No. 336 

118TH CONGRESS 

2D SESSION S. 3853 

A BILL 

To extend the period for filing claims under the Ranium mining. prove compensation for workers involved in ura- relating to Manhattan Project waste, and to im- vide for compensation under such Act for claims diation Exposure Compensation Act and to proMARCH 5, 2024 

Read the second time and placed on the calendar 


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