Radiation Exposure Compensation Act Amendments of 2019

To amend the Radiation Exposure Compensation Act to improve compensation for workers involved in uranium mining, and for other purposes. 1. Short title This Act may be cited as the Radiation Exposure Compensation Act Amendments of 2019 2. Findings, purpose, and apology Section 2(a)(1) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 , including individuals in New Mexico, Idaho, Colorado, Arizona, Utah, Texas, Wyoming, Oregon, Washington, South Dakota, North Dakota, Nevada, Guam, and the Northern Mariana Islands, tests exposed individuals 3. Extension of fund Section 3(d) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 (1) by striking 22 years 45 years (2) by striking 22-year 45-year 4. Claims relating to atmospheric testing (a) Leukemia claims relating to Trinity Test in New Mexico and tests in the Pacific Section 4(a)(1)(A) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 (1) in clause (i)— (A) in subclause (II)— (i) by striking in the affected area in an affected area (ii) by striking or (B) by redesignating subclause (III) as subclause (V); and (C) 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 June 30, 1945, and ending on July 31, 1962; (IV) was physically present in an affected area— (aa) for a period of at least 1 year during the period beginning on June 30, 1946, and ending on August 19, 1958; or (bb) for the period beginning on April 25, 1962, and ending on November 5, 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) physical presence described in subclause (I), (II), (III), of (IV) of clause (i) or onsite participation described in clause (i)(V) (b) Amounts for claims related to leukemia Section 4(a)(1) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 (1) in subparagraph (A) by striking an amount the amount (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)(i) shall receive $150,000. . (c) Specified diseases claims relating to Trinity Test in New Mexico and tests in the Pacific Section 4(a)(2) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 (1) in subparagraph (A), by striking in the affected area in an affected area (2) in subparagraph (B)— (A) by striking in the affected area in an affected area (B) by striking or (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 June 30, 1945, and ending on July 31, 1962; (D) was physically present in an affected area— (i) for a period of at least 2 years during the period beginning on June 30, 1946, and ending on August 19, 1958; or (ii) for the period beginning on April 25, 1962, and ending on November 5, 1962; or . (d) Claims related to radiation exposure during cleanup of Enewetak Atoll Subparagraph (E) of section 4(a)(2) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 a test involving the atmospheric detonation of a nuclear device, (i) a test involving the atmospheric detonation of a nuclear device, or (ii) the cleanup of Enewetak Atoll during the period beginning on January 1, 1977, and ending on December 31, 1980, . (e) Amounts for claims related to specified diseases Section 4(a)(2) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 $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)), $150,000 (f) Medical Benefits Section 4(a) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 (5) Medical Benefits An individual receiving a payment under this section shall be eligible to receive medical benefits in the same manner and to the same extent as an individual eligible to receive medical benefits under section 3629 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384t . (g) Downwind States Section 4(b)(1) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 (1) affected area (A) except as provided under subparagraphs (B) and (C), Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, and Utah; (B) with respect to a claim by an individual under subsection (a)(1)(A)(i)(III) or (a)(2)(C), only New Mexico; and (C) with respect to a claim by an individual under subsection (a)(1)(A)(i)(IV) or (a)(2)(D), only Guam. . 5. Claims relating to uranium mining (a) Employees of mines and mills Section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 (1) by inserting (I) (i) (2) by striking December 31, 1971; and December 31, 1990; or (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 period described in such subclause; and . (b) Miners Section 5(a)(1)(A)(ii)(I) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 or renal cancer, renal failure, or any other chronic renal disease, including nephritis and kidney tubal tissue injury nonmalignant respiratory disease (c) Millers, core drillers, ore transporters, and remediation workers Section 5(a)(1)(A)(ii)(II) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 (1) by inserting , core driller, was a miller (2) by inserting , or was involved in remediation efforts at such a uranium mine or uranium mill, ore transporter (3) by inserting (I) clause (i) (4) by striking all that follows nonmalignant respiratory disease or renal cancer, renal failure, or any other chronic renal disease, including nephritis and kidney tubal tissue injury; or (d) Combined work histories Section 5(a)(1)(A)(ii) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 (1) by striking or (2) by adding at the end the following: (III) (aa) does not meet the conditions of subclause (I) or (II); (bb) worked, during the period described in clause (i)(I), in two or more of the following positions: miner, miller, core driller, and ore transporter; (cc) meets the requirements of paragraph (4) or (5), or both; and (dd) submits written medical documentation that the individual developed lung cancer or a nonmalignant respiratory disease or renal cancer, renal failure, or any other chronic renal disease, including nephritis and kidney tubal tissue injury, after exposure to radiation through work in one or more of the positions referred to in item (bb); . (e) Dates of operation of uranium mine Section 5(a)(2)(A) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 December 31, 1971 December 31, 1990 (f) Special rules relating to combined work histories Section 5(a) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 (4) Special rule relating to combined work histories for individuals with at least one year of experience An individual meets the requirements of this paragraph if the individual worked in one or more of the positions referred to in paragraph (1)(A)(ii)(III)(bb) for a period of at least one year during the period described in paragraph (1)(A)(i)(I). (5) Special rule relating to combined work histories for miners An individual meets the requirements of this paragraph if the individual, during the period described in paragraph (1)(A)(i)(I), worked as a miner and was exposed to such number of working level months of radiation that the Attorney General determines, when combined with the exposure of such individual to radiation through work as a miller, core driller, or ore transporter during the period described in paragraph (1)(A)(i)(I), results in such individual being exposed to a total level of radiation that is greater or equal to the level of exposure of an individual described in paragraph (4). . (g) Definition of Core driller Section 5(b) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 (1) by striking and (2) by striking the period at the end of paragraph (8) and inserting ; and (3) by adding at the end the following: (9) the term core driller . 6. Expansion of use of affidavits in determination of claims; regulations (a) Affidavits Section 6(b) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 (3) Affidavits (A) Employment History For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate the employment history of an individual as a miner, miller, core driller, or ore transporter if the affidavit— (i) is provided in addition to other material that may be used to substantiate the employment history of the individual; (ii) attests to the employment history of the individual; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim. (B) Physical Presence in Affected Area For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s physical presence in an affected area during a period described in section 4(a)(1)(A)(i) or section 4(a)(2) if the affidavit— (i) is provided in addition to other material that may be used to substantiate the individual’s presence in an affected area during that time period; (ii) attests to the individual’s presence in an affected area during that period; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim. (C) Participation at Testing Site For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device if the affidavit— (i) is provided in addition to other material that may be used to substantiate the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device; (ii) attests to the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim. (D) Participation in cleanup For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s participation onsite in the cleanup of Enewetak Atoll during the period beginning on January 1, 1977, and ending on December 31, 1980, if the affidavit— (i) is provided in addition to other material that may be used to substantiate the individual’s participation onsite in the cleanup of Enewetak Atoll during such period; (ii) attests to the individual’s participation onsite in the cleanup of Enewetak Atoll during such period; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim. . (b) Guidelines for onsite participation in cleanup of Enewetak Atoll Subparagraph (C) of section 6(b)(2) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 under section 4(a)(2)(C) , or in the cleanup of Enewetak Atoll, under section 4(a)(2)(E) (c) Technical and conforming amendments Section 6 of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 (1) in subsection (c)(2)— (A) in subparagraph (A)— (i) in the first sentence, by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) 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), (a)(2)(C), or (a)(2)(D) of section 4 (B) in subparagraph (B), by striking section 4(a)(2)(C) section 4(a)(2)(E) (C) by adding or in the cleanup of Enewetak Atoll detonation of a nuclear device (2) in subsection (e)— (A) by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4 (B) by inserting or in the cleanup of Enewetak Atoll detonation of a nuclear device (d) Regulations (1) In general Section 6(k) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2019 (2) Considerations in revisions In issuing revised regulations under section 6(k) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 7. Limitation on claims (a) Extension of filing time Section 8(a) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 22 years 45 years (b) Resubmittal of claims Section 8(b) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 (b) Resubmittal of claims (1) Denied claims After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2019 Radiation Exposure Compensation Act Amendments of 2019 (2) Previously successful claims (A) In general After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2019 (i) the claimant’s name, social security number, and date of birth; (ii) the amount of award received under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2019 (iii) any additional benefits and compensation sought through such request; and (iv) any additional information required by the Attorney General. (B) Additional Compensation If the claimant received compensation under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2019 subparagraph (A) (i) pay the claimant the amount that is equal to any excess of— (I) the amount the claimant is eligible to receive under this Act (as amended by the Radiation Exposure Compensation Act Amendments of 2019 (II) the aggregate amount paid to the claimant under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2019 (ii) in any case in which the claimant was compensated under section 4, provide the claimant with medical benefits under section 4(a)(5). . 8. Attorneys fees Section 9(b)(1) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 2 percent 10 percent 9. Grant program on epidemiological impacts of uranium mining and milling (a) Definitions In this section— (1) the term institution of higher education 20 U.S.C. 1001 (2) the term program (3) the term Secretary (b) Establishment The Secretary shall establish a grant program relating to the epidemiological impacts of uranium mining and milling. Grants awarded under the program shall be used for the study of the epidemiological impacts of uranium mining and milling among non-occupationally exposed individuals, including family members of uranium miners and millers. (c) Administration The Secretary shall administer the program through the National Institute of Environmental Health Sciences. (d) Eligibility and application Any institution of higher education or nonprofit private entity shall be eligible to apply for a grant. To apply for a grant an eligible institution or entity shall submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2020 through 2024. 10. Energy Employees Occupational Illness Compensation Program (a) Covered employees with cancer Section 3621(9) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384l(9) (A) An individual with a specified cancer who is a member of the Special Exposure Cohort, if and only if— (i) that individual contracted that specified cancer after beginning employment at a Department of Energy facility (in the case of a Department of Energy employee or Department of Energy contractor employee) or at an atomic weapons employer facility (in the case of an atomic weapons employee); or (ii) that individual— (I) contracted that specified cancer after beginning employment in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 (II) was employed in a uranium mine or uranium mill described under subclause (I) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) at any time during the period beginning on January 1, 1942, and ending on December 31, 1990. . (b) Members of Special Exposure Cohort Section 3626 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384q (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) The Advisory Board on Radiation and Worker Health under section 3624 shall advise the President whether there is a class of employees— (A) at any Department of Energy facility who likely were exposed to radiation at that facility but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received; or (B) employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 ; and (2) by striking subsection (b) and inserting the following: (b) Designation of additional members (1) Subject to the provisions of section 3621(14)(C), the members of a class of employees at a Department of Energy facility, or at an atomic weapons employer facility, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that— (A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and (B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class. (2) Subject to the provisions of section 3621(14)(C), the members of a class of employees employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 (A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and (B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class. .

Summary: Radiation Exposure Compensation Act Amendments of 2019 This bill increases the amount of compensation provided to individuals exposed to radiation and expands eligibility requirements for compensation to include additional individuals. Specifically, the bill extends the Radiation Exposure Compensation Trust Fund until 45 years after this bill's enactment. The trust fund compensates individuals who contract cancer or other diseases as a result of their exposure to radiation during nuclear testing undertaken by the United States during the Cold War. The bill revises the requirements governing the compensation of individuals who were exposed to radiation, including by increasing the amount of compensation that an individual may receive; expanding the affected area to include Colorado, Idaho, Montana, and New Mexico; expanding eligibility requirements to include additional individuals, such as certain employees of uranium mines or mills; and extending until 45 years after this bill's enactment the statute of limitations for the filing of claims. The National Institute of Environmental Health Sciences must establish a grant program for institutions of higher education to study the epidemiological impacts of uranium mining and milling among non-occupationally exposed individuals. The bill also expands eligibility requirements for the Energy Employees Occupational Illness Compensation Program with respect to certain employees with a specified cancer.