[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2825 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2825
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 23, 2021
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
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.
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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