Downwinders Act
Bill: S.2825 | Sponsor: Sen. Lee, Mike (R-UT)
Policy area: Labor and Employment

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.

To amend the Radiation Exposure Compensation Act to revise the 
    definition of ``affected area'' and extend the period in which 
         compensation may be provided, and for other purposes.

    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 ``Downwinders Act''.

SEC. 2. AMENDMENTS TO THE RADIATION EXPOSURE COMPENSATION ACT.

    (a) Affected Areas.--Section 4 of the Radiation Exposure 
Compensation Act (42 U.S.C. 2210 note; Public Law 101-426) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i)--
                                            (aa) in subclause (II), by 
                                        striking ``; or'' and inserting 
                                        a semicolon;
                                            (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)'' and inserting 
                                ``physical presence described in 
                                subclause (I), (II), or (III) of clause 
                                (i) or onsite participation described 
                                in clause (i)(IV)''; and
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by striking 
                                ``subclause (I) or (II) of subparagraph 
                                (A)(i)'' and inserting ``subclause (I), 
                                (II), or (III) of subparagraph 
                                (A)(i)''; and
                                    (II) in clause (ii), by striking 
                                ``subclause (III)'' and inserting 
                                ``subclause (IV)''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (B), by striking ``, 
                        or'' and inserting a comma;
                            (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)'' and all that 
                        follows through ``subparagraph (C)'' and 
                        inserting ``subparagraph (A), (B), or (C)) or 
                        $75,000 (in the case of an individual described 
                        in subparagraph (D)''; and
            (2) in subsection (b)(1)--
                    (A) in subparagraph (A), by striking ``in the 
                State'' and all that follows through ``Piute'' and 
                inserting ``the State of Utah'';
                    (B) in subparagraph (B), by striking ``; and'' and 
                inserting a semicolon; 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 note; Public Law 101-
        426) is amended--
                    (A) in the first sentence, by striking ``22'' and 
                all that follows through ``2000'' and inserting ``on 
                the date that is 10 years after the date of enactment 
                of the Downwinders Act''; and
                    (B) in the second sentence, by striking ``by the 
                end of that 22-year period'' and inserting ``by such 
                date of termination''.
            (2) Eligibility.--Section 8(a) of the Radiation Exposure 
        Compensation Act (42 U.S.C. 2210 note; Public Law 101-426) is 
        amended by striking ``22'' and all that follows through 
        ``2000'' and inserting ``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 note; Public Law 101-426) is amended--
            (1) in subsection (b)(2)(C), by striking ``section 
        4(a)(2)(C)'' and inserting ``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'' and inserting 
                        ``subsection (a)(1), (a)(2)(A), (a)(2)(B), or 
                        (a)(2)(C) 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), or (a)(2)(C) of section 
                        4''; and
                    (B) in subparagraph (B), by striking ``section 
                4(a)(2)(C)'' and inserting ``section 4(a)(2)(D)''; 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), or (a)(2)(C) of 
        section 4''.

SEC. 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.

SEC. 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)) to grant new licenses for 
the spectrum identified under subsection (a).
    (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)) is amended--
            (1) in subparagraph (A), by striking ``and (G)'' and 
        inserting ``(G), and (H)'';
            (2) in subparagraph (C)(i), by striking ``and (G)'' and 
        inserting ``(G), and (H)''; and
            (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, the Commission shall 
                deposit not less than $2,500,000,000 and not more than 
                $5,000,000,000 in the Radiation Exposure Compensation 
                Trust Fund established under section 3(a) of the 
                Radiation Exposure Compensation Act (42 U.S.C. 2210 
                note; Public Law 101-426), to be used for disbursement 
                by the Attorney General under section 6 of such Act.''.
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