,,ii #aahth ,,congress #b;d ,session ,s4 #ddjc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bc1 #bjbd,mr4 ,lee introduced the following bill2 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 provided1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,downwinders ,act4 #b4 ,amendments to the ,radiation ,exposure ,compensation ,act 7a7 ,affected areas ,section #d of the ,radiation ,exposure ,compensation ,act 7#db ,u4,s4,c4 #bbaj note2 ,public ,law #aja-dbf7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i7-- 7aa7 in subclause 7,,ii71 by striking 2 or and inserting a semicolon2 7bb7 by redesignating subclause 7,,iii7 as subclause 7,,iv72 and 7cc7 by inserting after subclause 7,,ii7 the following3 7,,iii7 was physically present in the affected area described in subsection 7b77#a77;,d7 for the period beginning on ,july #af1 #aide1 and ending on ,august #af1 #aide2 or 2 and 7,,ii7 in clause 7ii77,i71 by striking physical presence described in subclause 7,i7 or 7,,ii7 of clause 7i7 or onsite participation described in clause 7i77,,iii7 and inserting physical presence described in subclause 7,i71 7,,ii71 or 7,,iii7 of clause 7i7 or onsite participation described in clause 7i77,,iv72 and 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i71 by striking subclause 7,i7 or 7,,ii7 of subparagraph 7,a77i7 and inserting subclause 7,i71 7,,ii71 or 7,,iii7 of subparagraph 7,a77i72 and 7,,ii7 in clause 7ii71 by striking subclause 7,,iii7 and inserting subclause 7,,iv72 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,b71 by striking 1 or and inserting a comma2 7ii7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 7iii7 by inserting after subparagraph 7,b7 the following3 7,c7 was physically present in the affected area described in subsection 7b77#a77;,d7 for the period beginning on ,july #af1 #aide1 and ending on ,august #af1 #aide1 or 2 and 7iv7 in the matter following subparagraph 7,d71 as so redesignated1 by striking subparagraph 7,a7 or 7,b7 and all that follows through subparagraph 7,c7 and inserting subparagraph 7,a71 7,b71 or 7,c77 or #ge1jjj 7in the case of an individual described in subparagraph 7,d72 7#b7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,a71 by striking in the ,state and all that follows through ,piute and inserting the ,state of ,utah2 7,b7 in subparagraph 7,b71 by striking 2 and and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,d7 with respect to a claim by an individual under subsection 7a77#a77;,a77i77,,iii7 or subsection 7a77#b77;,c71 only the counties of ,bernalillo1 ,chaves1 ,guadalupe1 ,lincoln1 ,sandoval1 ,san ,miguel1 ,santa ,fe1 ,socorro1 ,torrance1 and ,valencia in the ,state of ,new ,mexico2 and 4 7b7 ,extension of period of compensation 7#a7 ,termination of fund ,section #c7;d7 of the ,radiation ,exposure ,compensation ,act 7#db ,u4,s4,c4 #bbaj note2 ,public ,law #aja-dbf7 is amended-- 7,a7 in the first sentence1 by striking #b years after the date of enactment of the ,,reca ,extension ,act of #bjbb and inserting #h years after the date of enactment of the ,downwinders ,act2 and 7,b7 in the second sentence1 by striking #b-year period and inserting #h-year period4 7#b7 ,eligibility ,section #h7;a7 of the ,radiation ,exposure ,compensation ,act 7#db ,u4,s4,c4 #bbaj note2 ,public ,law #aja-dbf7 is amended by striking #b years after the date of enactment of the ,,reca ,extension ,act of #bjbb and inserting #h years after the date of enactment of the ,downwinders ,act4 7c7 ,claims relating to ,manhattan ,project ,waste ,the ,radiation ,exposure ,compensation ,act 7#db ,u4,s4,c4 #bbaj note2 ,public ,law #aja-dbf7 is amended by inserting after section #e the following3 #e;,a4 ,claims relating to manhattan project waste 7a7 ,in general ,a claimant shall receive compensation for a claim made under this ,act1 as described in subsection 7b7 or 7c71 if-- 7#a7 a claim for compensation is filed with the ,attorney ,general-- 7,a7 by an individual described in paragraph 7#b72 or 7,b7 on behalf of that individual by an authorized agent of that individual1 if the individual is deceased or incapacitated1 such as-- 7i7 an executor of estate of that individual2 or 7ii7 a legal guardian or conservator of that individual2 7#b7 that individual1 or if applicable1 an authorized agent of that individual1 demonstrates that the individual-- 7,a7 was physically present in an affected area for a period of at least #b years after ,january #a1 #aidi2 and 7,b7 contracted a specified disease after such period of physical presence2 7#c7 the ,attorney ,general certifies that the identity of that individual1 and if applicable1 the authorized agent of that individual1 is not fraudulent or otherwise misrepresented2 and 7#d7 the ,attorney ,general determines that the claimant has satisfied the applicable requirements of this ,act4 7b7 ,losses available to living affected individuals 7#a7 ,in general ,in the event of a claim qualifying for compensation under subsection 7a7 that is submitted to the ,attorney ,general to be eligible for compensation under this section at a time when the individual described in subsection 7a77#b7 is living1 the amount of compensation under this section shall be in an amount that is the greater of #ej1jjj or the total amount of compensation for which the individual is eligible under paragraph 7#b74 7#b7 ,losses due to medical expenses ,a claimant described in paragraph 7#a7 shall be eligible to receive1 upon submission of contemporaneous written medical records1 reports1 or billing statements created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant1 additional compensation in the amount of all documented out-of-pocket medical expenses incurred as a result of the specified disease suffered by that claimant1 such as any medical expenses not covered1 paid for1 or reimbursed through-- 7,a7 any public or private health insurance2 7,b7 any employee health insurance2 7,c7 any workers' compensation program2 or 7,d7 any other public1 private1 or employee health program or benefit4 7c7 ,payments to beneficiaries of deceased individuals ,in the event that an individual described in subsection 7a77#b7 who qualifies for compensation under subsection 7a7 is deceased at the time of submission of the claim-- 7#a7 a surviving spouse may1 upon submission of a claim and records sufficient to satisfy the requirements of subsection 7a7 with respect to the deceased individual1 receive compensation in the amount of #be1jjj2 or 7#b7 in the event that there is no surviving spouse1 the surviving children1 minor or otherwise1 of the deceased individual may1 upon submission of a claim and records sufficient to satisfy the requirements of subsection 7a7 with respect to the deceased individual1 receive compensation in the total amount of #be1jjj1 paid in equal shares to each surviving child4 7d7 ,affected area ,for purposes of this section1 the term affected area means the ,,zip ,codes in the ,state of ,missouri of #fcjca1 #fcjcc1 #fcjcd1 #fcjdb1 #fcjde1 #fcjgd1 #fcaad1 #fcace1 #fcach1 #fcjdd1 #fcaba1 #fcadj1 #fcade1 #fcadg1 #fcajb1 #fccjd1 #fcacd1 #fcjdc1 #fccda1 #fccfh1 and #fccfg4 7e7 ,specified disease ,for purposes of this section1 the term specified disease means any of the following3 7#a7 ,any leukemia1 other than chronic lymphocytic leukemia1 provided that the initial exposure occurred after the age of #bj and the onset of the disease was at least #b years after first exposure4 7#b7 ,any of the following diseases1 provided that the onset was at least #b years after the initial exposure3 7,a7 ,multiple myeloma4 7,b7 ,lymphoma1 other than ,hodgkin's disease4 7,c7 ,primary cancer of the-- 7i7 thyroid2 7ii7 male or female breast2 7iii7 esophagus2 7iv7 stomach2 7v7 pharynx2 7vi7 small intestine2 7vii7 pancreas2 7viii7 bile ducts2 7ix7 gall bladder2 7x7 salivary gland2 7xi7 urinary bladder2 7xii7 brain2 7xiii7 colon2 7xiv7 ovary2 7xv7 bone2 7xvi7 renal2 7xvii7 liver1 except if cirrhosis or hepatitis ,b is indicated2 or 7xviii7 lung4 7f7 ,physical presence 7#a7 ,in general ,for purposes of this section1 the ,attorney ,general shall not determine that a claimant has satisfied the requirements of subsection 7a7 unless demonstrated by submission of-- 7,a7 contemporaneous written residential documentation and at least #a additional employer-issued or government-issued document or record that the claimant1 for at least #b years after ,january #a1 #aidi1 was physically present in an affected area2 or 7,b7 other documentation determined by the ,attorney ,general to demonstrate that the claimant1 for at least #b years after ,january #a1 #aidi1 was physically present in an affected area4 7#b7 ,types of physical presence ,for purposes of determining physical presence under this section1 a claimant shall be considered to have been physically present in an affected area if-- 7,a7 the claimant's primary residence was in the affected area2 7,b7 the claimant's place of employment was in the affected area2 or 7,c7 the claimant attended school in the affected area4 7g7 ,disease contraction in affected areas ,for purposes of this section1 the ,attorney ,general shall not determine that a claimant has satisfied the requirements of subsection 7a7 unless the claimant submits-- 7#a7 written medical records or reports created by or at the direction of a licensed medical professional1 created contemporaneously with the provision of medical care to the claimant1 that the claimant1 after a period of physical presence in an affected area1 contracted a specified disease2 or 7#b7 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 area4 4 7d7 ,conforming amendments ,section #f of the ,radiation ,exposure ,compensation ,act 7#db ,u4,s4,c4 #bbaj note2 ,public ,law #aja-dbf7 is amended-- 7#a7 in subsection 7b77#b77;,c71 by striking section #d7;a77#b77;,c7 and inserting section #d7;a77#b77;,d72 7#b7 in subsection 7c77#b7-- 7,a7 in subparagraph 7,a7-- 7i7 in the matter preceding clause 7i71 by striking subsection 7a77#a71 7a77#b77;,a71 or 7a77#b77;,b7 of section #d and inserting subsection 7a77#a71 7a77#b77;,a71 7a77#b77;,b71 or 7a77#b77;,c7 of section #d2 and 7ii7 in clause 7i71 by striking subsection 7a77#a71 7a77#b77;,a71 or 7a77#b77;,b7 of section #d and inserting subsection 7a77#a71 7a77#b77;,a71 7a77#b77;,b71 or 7a77#b77;,c7 of section #d2 and 7,b7 in subparagraph 7,b71 by striking section #d7;a77#b77;,c7 and inserting section #d7;a77#b77;,d72 and 7#c7 in subsection 7e71 by striking subsection 7a77#a71 7a77#b77;,a71 or 7a77#b77;,b7 of section #d and inserting subsection 7a77#a71 7a77#b77;,a71 7a77#b77;,b71 or 7a77#b77;,c7 of section #d4 #c4 ,study on counties affected by radiation fall-out due to open air nuclear testing conducted in ,nevada and ,new ,mexico ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of ,energy1 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 ,mexico1 as identified using evidence-based analysis4