Downwinders Act

Bill: 118-s-4403
Sponsor: full_name: Sen. Lee, Mike [R-UT]
Introduced: 2024-05-23
Policy area: Labor and Employment
Latest action: action_date: 2024-05-23
text: Read twice and referred to the Committee on the Judiciary.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 4403 IN THE SENATE OF THE UNITED STATES May 23, 2024 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL 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.

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 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) ; (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) ; (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 2 years after the date of enactment of the RECA Extension Act of 2022 and inserting 8 years after the date of enactment of the Downwinders Act ; and (B) in the second sentence, by striking 2-year period and inserting 8-year period . (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 2 years after the date of enactment of the RECA Extension Act of 2022 and inserting 8 years after the date of enactment of the Downwinders Act . (c) Claims relating to Manhattan Project Waste The Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note; Public Law 101–426 ) is amended by inserting after section 5 the following: 5A. Claims relating to manhattan project waste (a) In general A claimant shall receive compensation for a claim made under this Act, as described in subsection (b) or (c), if— (1) a claim for compensation is filed with the Attorney General— (A) by an individual described in paragraph (2); or (B) on behalf of that individual by an authorized agent of that individual, if the individual is deceased or incapacitated, such as— (i) an executor of estate of that individual; or (ii) a legal guardian or conservator of that individual; (2) that individual, or if applicable, an authorized agent of that individual, demonstrates that the individual— (A) was physically present in an affected area for a period of at least 2 years after January 1, 1949; and (B) contracted a specified disease after such period of physical presence; (3) the Attorney General certifies that the identity of that individual, and if applicable, the authorized agent of that individual, is not fraudulent or otherwise misrepresented; and (4) the Attorney General determines that the claimant has satisfied the applicable requirements of this Act. (b) Losses available to living affected individuals (1) In general In the event of a claim qualifying for compensation under subsection (a) that is submitted to the Attorney General to be eligible for compensation under this section at a time when the individual described in subsection (a)(2) is living, the amount of compensation under this section shall be in an amount that is the greater of $50,000 or the total amount of compensation for which the individual is eligible under paragraph (2). (2) Losses due to medical expenses A claimant described in paragraph (1) shall be eligible to receive, upon submission of contemporaneous written medical records, reports, or billing statements created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, additional compensation in the amount of all documented out-of-pocket medical expenses incurred as a result of the specified disease suffered by that claimant, such as any medical expenses not covered, paid for, or reimbursed through— (A) any public or private health insurance; (B) any employee health insurance; (C) any workers’ compensation program; or (D) any other public, private, or employee health program or benefit. (c) Payments to beneficiaries of deceased individuals In the event that an individual described in subsection (a)(2) who qualifies for compensation under subsection (a) is deceased at the time of submission of the claim— (1) a surviving spouse may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the amount of $25,000; or (2) in the event that there is no surviving spouse, the surviving children, minor or otherwise, of the deceased individual may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the total amount of $25,000, paid in equal shares to each surviving child. (d) Affected area For purposes of this section, the term affected area means the ZIP Codes in the State of Missouri of 63031, 63033, 63034, 63042, 63045, 63074, 63114, 63135, 63138, 63044, 63121, 63140, 63145, 63147, 63102, 63304, 63134, 63043, 63341, 63368, and 63367. (e) Specified disease For purposes of this section, the term specified disease means any of the following: (1) Any leukemia, other than chronic lymphocytic leukemia, provided that the initial exposure occurred after the age of 20 and the onset of the disease was at least 2 years after first exposure. (2) Any of the following diseases, provided that the onset was at least 2 years after the initial exposure: (A) Multiple myeloma. (B) Lymphoma, other than Hodgkin’s disease. (C) Primary cancer of the— (i) thyroid; (ii) male or female breast; (iii) esophagus; (iv) stomach; (v) pharynx; (vi) small intestine; (vii) pancreas; (viii) bile ducts; (ix) gall bladder; (x) salivary gland; (xi) urinary bladder; (xii) brain; (xiii) colon; (xiv) ovary; (xv) bone; (xvi) renal; (xvii) liver, except if cirrhosis or hepatitis B is indicated; or (xviii) lung. (f) Physical presence (1) In general For purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of— (A) contemporaneous written residential documentation and at least 1 additional employer-issued or government-issued document or record that the claimant, for at least 2 years after January 1, 1949, was physically present in an affected area; or (B) other documentation determined by the Attorney General to demonstrate that the claimant, for at least 2 years after January 1, 1949, was physically present in an affected area. (2) Types of physical presence For purposes of determining physical presence under this section, a claimant shall be considered to have been physically present in an affected area if— (A) the claimant’s primary residence was in the affected area; (B) the claimant’s place of employment was in the affected area; or (C) the claimant attended school in the affected area. (g) Disease contraction in affected areas For purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless the claimant submits— (1) written medical records or reports created by or at the direction of a licensed medical professional, created contemporaneously with the provision of medical care to the claimant, that the claimant, after a period of physical presence in an affected area, contracted a specified disease; or (2) other documentation determined by the Attorney General to demonstrate that the claimant contracted a specified disease after a period of physical presence in an affected area. . (d) 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 . 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.