Downwinders Act

To amend the Radiation Exposure Compensation Act to revise the definition of affected area 1. Short title This Act may be cited as the Downwinders Act 2. Amendments to the Radiation Exposure Compensation Act (a) Affected areas Section 4 of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 Public Law 101–426 (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clause (i)— (aa) in subclause (II), by striking ; or (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) physical presence described in subclause (I), (II), or (III) of clause (i) or onsite participation described in clause (i)(IV) (ii) in subparagraph (B)— (I) in clause (i), by striking subclause (I) or (II) of subparagraph (A)(i) subclause (I), (II), or (III) of subparagraph (A)(i) (II) in clause (ii), by striking subclause (III) subclause (IV) (B) in paragraph (2)— (i) in subparagraph (B), by striking , or (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) subparagraph (C) 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 Piute the State of Utah (B) in subparagraph (B), by striking ; 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 Public Law 101–426 (A) in the first sentence, by striking 22 2000 on the date that is 10 years after the date of enactment of the Downwinders Act (B) in the second sentence, by striking by the end of that 22-year period by such date of termination (2) Eligibility Section 8(a) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 Public Law 101–426 22 2000 10 years after the date of enactment of the Downwinders Act (c) Conforming amendments Section 6 of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 Public Law 101–426 (1) in subsection (b)(2)(C), by striking section 4(a)(2)(C) 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 subsection (a)(1), (a)(2)(A), (a)(2)(B), or (a)(2)(C) of section 4 (ii) in clause (i), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 subsection (a)(1), (a)(2)(A), (a)(2)(B), or (a)(2)(C) of section 4 (B) in subparagraph (B), by striking section 4(a)(2)(C) section 4(a)(2)(D) (3) in subsection (e), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 subsection (a)(1), (a)(2)(A), (a)(2)(B), or (a)(2)(C) of section 4 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. 4. Spectrum auction (a) Identification of spectrum To be auctioned Not later than 1 year after the date of enactment of this Act, the Assistant Secretary of Commerce for Communications and Information, in consultation with the Federal Communications Commission and the Director of the Office of Science and Technology Policy, shall identify 100 megahertz of electromagnetic spectrum that is assigned or allocated to the Federal Government to be made available for non-Federal commercial licensed use through an auction under subsection (b). (b) Auction Not later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall conduct a system of competitive bidding under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) (c) Auction proceeds To cover 110 percent of Federal relocation or sharing costs Nothing in this section shall be construed to relieve the Federal Communications Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(16)(B) (d) Deposit of auction proceeds in Radiation Exposure Compensation Trust Fund Section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) (1) in subparagraph (A), by striking and (G) (G), and (H) (2) in subparagraph (C)(i), by striking and (G) (G), and (H) (3) by adding at the end the following: (H) Use of auction proceeds for radiation exposure compensation Notwithstanding subparagraph (A), and except as provided in subparagraph (B), of the proceeds (including deposits and upfront payments from successful bidders) from the use of a system of competitive bidding under this subsection pursuant to section 4 of the Downwinders Act 42 U.S.C. 2210 Public Law 101–426 .

Summary: Downwinders Act This bill expands eligibility for and extends a program that compensates individuals who were exposed to radiation from atmospheric nuclear testing and subsequently developed specified cancers. Under current law, the program compensates, among others, individuals who were present in a designated geographic area during a period of nuclear testing. The bill expands that area to include all of Utah and specified counties in New Mexico. In addition, individuals may submit claims for compensation for 10 years following this bill's enactment (currently, the program terminates on July 10, 2022). To support the program, the National Telecommunications and Information Administration must auction 100 megahertz of electromagnetic spectrum assigned or allocated to the federal government with a portion of the proceeds to be deposited into the Radiation Exposure Compensation Trust Fund in the Treasury. The bill extends this trust fund for 10 years following the bill's enactment. In addition, the Department of Health and Human Services must study which counties in Nevada and New Mexico were affected by radiation fallout from open air nuclear testing.