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.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5338 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5338
To amend the Radiation Exposure Compensation Act to improve
compensation for workers involved in uranium mining, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2021
Ms. Leger Fernandez (for herself, Mr. Owens, Mr. McGovern, Mr. Vargas,
Ms. Norton, Mr. Horsford, Mr. O'Halleran, Ms. Titus, Mr. Stanton, Ms.
Lee of California, Ms. Wild, Ms. DelBene, Mr. Blumenauer, Ms. Herrell,
Mr. San Nicolas, and Mr. Kilmer) introduced the following bill; which
was referred to the Committee on the Judiciary, and in addition to the
Committees on Education and Labor, and Energy and Commerce, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
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.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Energy.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 25 - 8.
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