Radiation Exposure Compensation Act Amendments of 2021
Bill: H.R.5338 | Sponsor: Rep. Leger Fernandez, Teresa (D-NM)
Policy area: Labor and Employment

Summary:
Radiation Exposure Compensation Act Amendments of 2021
This bill expands two programs that compensate individuals who were exposed to radiation during certain nuclear testing or uranium mining and subsequently developed medical conditions, including cancers.
First, the bill expands and extends a program that compensates individuals who were exposed to radiation from atmospheric nuclear testing or other sources and subsequently developed specified cancers. Under current law, this program compensates individuals who were present in a designated geographic area during a period of nuclear testing and certain individuals employed in uranium mining. The bill
Second, the bill makes certain individuals employed in uranium mines or mills eligible for a program that compensates workers, including Department of Energy employees and contractors, for illnesses caused by occupational exposure to radiation and hazardous substances during development and testing of the nation's nuclear weapons stockpile.
The bill also establishes a grant program in the National Institute of Environmental Health Sciences for institutions of higher education to study the epidemiological impacts of uranium mining and milling among individuals without occupational exposure.

To amend the Radiation Exposure Compensation Act to improve 
  compensation for workers involved in uranium mining, 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 ``Radiation Exposure Compensation Act 
Amendments of 2021''.

SEC. 2. REFERENCES.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to or repeal 
of a section or other provision of law, the reference shall be 
considered to be made to a section or other provision of the Radiation 
Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note).

SEC. 3. EXTENSION OF FUND.

    Section 3(d) is amended--
            (1) by striking the first sentence and inserting ``The Fund 
        shall terminate 19 years after the date of the enactment of the 
        Radiation Exposure Compensation Act Amendments of 2021.''; and
            (2) by striking ``22-year'' and inserting ``19-year''.

SEC. 4. CLAIMS RELATING TO ATMOSPHERIC TESTING.

    (a) Leukemia Claims Relating to Trinity Test in New Mexico and 
Tests at the Nevada Site and in the Pacific.--Section 4(a)(1)(A) is 
amended--
            (1) in clause (i)--
                    (A) in subclause (I), by striking ``October 31, 
                1958'' and inserting ``November 6, 1962'';
                    (B) in subclause (II)--
                            (i) by striking ``in the affected area'' 
                        and inserting ``in an affected area''; and
                            (ii) by striking ``or'' after the 
                        semicolon;
                    (C) by redesignating subclause (III) as subclause 
                (V); and
                    (D) 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 September 24, 
                        1944, and ending on November 6, 1962; or
                            ``(IV) was physically present in an 
                        affected area--
                                    ``(aa) for a period of at least 1 
                                year during the period beginning on 
                                July 1, 1946, and ending on November 6, 
                                1962; or
                                    ``(bb) for the period beginning on 
                                April 25, 1962, and ending on November 
                                6, 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)'' and inserting 
        ``physical presence described in subclause (I), (II), (III), or 
        (IV) of clause (i) or onsite participation described in clause 
        (i)(V)''.
    (b) Amounts for Claims Related to Leukemia.--Section 4(a)(1) is 
amended--
            (1) in subparagraph (A), by striking ``an amount'' and 
        inserting ``the amount''; and
            (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) shall receive 
                $150,000.''.
    (c) Conditions for Claims Related to Leukemia.--Section 4(a)(1)(C) 
is amended--
            (1) by striking clause (i); and
            (2) by redesignating clauses (ii) and (iii) as clauses (i) 
        and (ii), respectively.
    (d) Specified Diseases Claims Relating to Trinity Test in New 
Mexico and Tests at the Nevada Site and in the Pacific.--Section 
4(a)(2) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``in the affected area'' and 
                inserting ``in an affected area'';
                    (B) by striking ``2 years'' and inserting ``1 
                year''; and
                    (C) by striking ``October 31, 1958'' and inserting 
                ``November 6, 1962'';
            (2) in subparagraph (B)--
                    (A) by striking ``in the affected area'' and 
                inserting ``in an affected area''; and
                    (B) by striking ``or'' at the end;
            (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 September 24, 1944, and ending on November 
                6, 1962; or
                    ``(D) was physically present in an affected area--
                            ``(i) for a period of at least 1 year 
                        during the period beginning on July 1, 1946, 
                        and ending on November 6, 1962; or
                            ``(ii) for the period beginning on April 
                        25, 1962, and ending on November 6, 1962; or''.
    (e) Amounts for Claims Related to Specified Diseases.--Section 
4(a)(2) is amended in the matter following subparagraph (E) (as 
redesignated by subsection (d) of this section) by striking ``$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)),'' 
and inserting ``$150,000''.
    (f) Medical Benefits.--Section 4(a) is amended by adding at the end 
the following:
            ``(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) is amended to read as 
follows:
            ``(1) `affected area' means--
                    ``(A) except as provided under subparagraphs (B) 
                and (C), Arizona, Colorado, Idaho, Montana, Nevada, New 
                Mexico, Utah, and Guam;
                    ``(B) with respect to a claim by an individual 
                under subsection (a)(1)(A)(i)(III) or subsection 
                (a)(2)(C), only New Mexico; and
                    ``(C) with respect to a claim by an individual 
                under subsection (a)(1)(A)(i)(IV) or subsection 
                (a)(2)(D), only Guam.''.
    (h) Chronic Lymphocytic Leukemia as a Specified Disease.--Section 
4(b)(2) is amended by striking ``other than chronic lymphocytic 
leukemia'' and inserting ``including chronic lymphocytic leukemia''.

SEC. 5. CLAIMS RELATING TO URANIUM MINING.

    (a) Employees of Mines and Mills.--Section 5(a)(1)(A)(i) is 
amended--
            (1) by inserting ``(I)'' after ``(i)'';
            (2) by striking ``December 31, 1971; and'' and inserting 
        ``December 31, 1990; or''; and
            (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) is amended by inserting ``or 
renal cancer or any other chronic renal disease, including nephritis 
and kidney tubal tissue injury'' after ``nonmalignant respiratory 
disease''.
    (c) Millers, Core Drillers, and Ore Transporters.--Section 
5(a)(1)(A)(ii)(II) is amended--
            (1) by inserting ``, core driller,'' after ``was a 
        miller'';
            (2) by inserting ``, or was involved in remediation efforts 
        at such a uranium mine or uranium mill,'' after ``ore 
        transporter'';
            (3) by inserting ``(I)'' after ``clause (i)''; and
            (4) by striking all that follows ``nonmalignant respiratory 
        disease'' and inserting ``or renal cancer or any other chronic 
        renal disease, including nephritis and kidney tubal tissue 
        injury; or''.
    (d) Combined Work Histories.--Section 5(a)(1)(A)(ii) is further 
amended--
            (1) by striking ``or'' at the end of subclause (I); and
            (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 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) is 
amended by striking ``December 31, 1971'' and inserting ``December 31, 
1990''.
    (f) Special Rules Relating to Combined Work Histories.--Section 
5(a) is amended by adding at the end the following:
            ``(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 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) is amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) the term `core driller' means any individual employed 
        to engage in the act or process of obtaining cylindrical rock 
        samples of uranium or vanadium by means of a borehole drilling 
        machine for the purpose of mining uranium or vanadium.''.

SEC. 6. EXPANSION OF USE OF AFFIDAVITS IN DETERMINATION OF CLAIMS; 
              REGULATIONS.

    (a) Affidavits.--Section 6(b) is amended by adding at the end the 
following:
            ``(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.''.
    (b) Technical and Conforming Amendments.--Section 6 is amended--
            (1) in subsection (b)(2)(C), by striking ``section 
        4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)'';
            (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), 
                        (a)(2)(C), or (a)(2)(D) 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), (a)(2)(C), or (a)(2)(D) 
                        of section 4''; and
                    (B) in subparagraph (B), by striking ``section 
                4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)''; 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), (a)(2)(C), or 
        (a)(2)(D) of section 4''.
    (c) Regulations.--
            (1) In general.--Section 6(k) is amended by adding at the 
        end the following: ``Not later than 180 days after the date of 
        enactment of the Radiation Exposure Compensation Act Amendments 
        of 2021, the Attorney General shall issue revised regulations 
        to carry out this Act.''.
            (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 note), as 
        amended under paragraph (1), the Attorney General shall ensure 
        that procedures with respect to the submission and processing 
        of claims under such Act take into account and make allowances 
        for the law, tradition, and customs of Indian tribes, including 
        by accepting as a record of proof of physical presence for a 
        claimant a grazing permit, a homesite lease, a record of being 
        a holder of a post office box, a letter from an elected leader 
        of an Indian tribe, or a record of any recognized tribal 
        association or organization.

SEC. 7. LIMITATION ON CLAIMS.

    (a) Extension of Filing Time.--Section 8(a) is amended--
            (1) by striking ``22 years'' and inserting ``19 years''; 
        and
            (2) by striking ``2000'' and inserting ``2021''.
    (b) Resubmittal of Claims.--Section 8(b) is amended to read as 
follows:
    ``(b) Resubmittal of Claims.--
            ``(1) Denied claims.--After the date of enactment of the 
        Radiation Exposure Compensation Act Amendments of 2021, any 
        claimant who has been denied compensation under this Act may 
        resubmit a claim for consideration by the Attorney General in 
        accordance with this Act not more than three times. Any 
        resubmittal made before the date of the enactment of the 
        Radiation Exposure Compensation Act Amendments of 2021 shall 
        not be applied to the limitation under the preceding sentence.
            ``(2) Previously successful claims.--
                    ``(A) In general.--After the date of enactment of 
                the Radiation Exposure Compensation Act Amendments of 
                2021, any claimant who received compensation under this 
                Act may submit a request to the Attorney General for 
                additional compensation and benefits. Such request 
                shall contain--
                            ``(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 2021;
                            ``(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 2021 and submits a request under 
                subparagraph (A), the Attorney General shall--
                            ``(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 2021); 
                                minus
                                    ``(II) the aggregate amount paid to 
                                the claimant under this Act before the 
                                date of enactment of the Radiation 
                                Exposure Compensation Act Amendments of 
                                2021; and
                            ``(ii) in any case in which the claimant 
                        was compensated under section 4, provide the 
                        claimant with medical benefits under section 
                        4(a)(5).''.

SEC. 8. GRANT PROGRAM ON EPIDEMIOLOGICAL IMPACTS OF URANIUM MINING AND 
              MILLING.

    (a) Definitions.--In this section--
            (1) the term ``institution of higher education'' has the 
        meaning given under section 101 of the Higher Education Act of 
        1965 (20 U.S.C. 1001);
            (2) the term ``program'' means the grant program 
        established under subsection (b); and
            (3) the term ``Secretary'' means the Secretary of Health 
        and Human Services.
    (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 2022 through 2024.

SEC. 9. 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)) is amended by striking subparagraph (A) and inserting 
the following:
                    ``(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 note) (including any 
                                individual who was employed in core 
                                drilling or the transport of uranium 
                                ore or vanadium-uranium ore from such 
                                mine or mill) located in Colorado, New 
                                Mexico, Arizona, Wyoming, South Dakota, 
                                Washington, Utah, Idaho, North Dakota, 
                                Oregon, Texas, or any State the 
                                Attorney General makes a determination 
                                under section 5(a)(2) of that Act for 
                                inclusion of eligibility under section 
                                5(a)(1) of that Act; and
                                    ``(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) is amended--
            (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; and
                    ``(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 note) 
                (including any individual who was employed in core 
                drilling or the transport of uranium ore or vanadium-
                uranium ore from such mine or mill) located in 
                Colorado, New Mexico, Arizona, Wyoming, South Dakota, 
                Washington, Utah, Idaho, North Dakota, Oregon, Texas, 
                and any State the Attorney General makes a 
                determination under section 5(a)(2) of that Act for 
                inclusion of eligibility under section 5(a)(1) of that 
                Act, at any time during the period beginning on January 
                1, 1942, and ending on December 31, 1990, who likely 
                were exposed to radiation at that mine or mill but for 
                whom it is not feasible to estimate with sufficient 
                accuracy the radiation dose they received.''; 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 note) 
        (including any individual who was employed in core drilling or 
        the transport of uranium ore or vanadium-uranium ore from such 
        mine or mill) located in Colorado, New Mexico, Arizona, 
        Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, 
        Oregon, Texas, and any State the Attorney General makes a 
        determination under section 5(a)(2) of that Act for inclusion 
        of eligibility under section 5(a)(1) of that Act, at any time 
        during the period beginning on January 1, 1942, and ending on 
        December 31, 1990, 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.''.
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