Overview

Title

To extend the period for filing claims under the Radiation Exposure Compensation Act and to provide for compensation under such Act for claims relating to Manhattan Project waste, and to improve compensation for workers involved in uranium mining.

ELI5 AI

S. 243 is a bill that wants to give people more time to ask for help if they got sick from old atomic projects like working with uranium or being near nuclear tests. It also tries to give more money to those people and learn more about how these projects affected their health.

Summary AI

S. 243 proposes to extend the filing period for claims under the Radiation Exposure Compensation Act (RECA) and aims to enhance compensation for those affected by atomic energy projects, notably involving the Manhattan Project waste and uranium mining workers. The bill seeks to include new affected areas, provide greater compensatory benefits, and facilitate the use of affidavits in claims. Additionally, it mandates a study on the need for medical benefits for people exposed to radiation from government nuclear tests and calls for collaboration with indigenous groups and local tribes in managing specific nuclear waste sites.

Published

2025-01-24
Congress: 119
Session: 1
Chamber: SENATE
Status: Introduced in Senate
Date: 2025-01-24
Package ID: BILLS-119s243is

Bill Statistics

Size

Sections:
15
Words:
6,953
Pages:
33
Sentences:
120

Language

Nouns: 1,933
Verbs: 476
Adjectives: 292
Adverbs: 43
Numbers: 339
Entities: 445

Complexity

Average Token Length:
3.95
Average Sentence Length:
57.94
Token Entropy:
5.28
Readability (ARI):
29.32

AnalysisAI

The proposed bill, titled "Radiation Exposure Compensation Reauthorization Act," aims to extend and modify provisions related to the Radiation Exposure Compensation Act. This Act compensates individuals affected by radiation exposure due to uranium mining, atmospheric nuclear testing, and waste from the Manhattan Project. The bill includes extensions for filing claims, increases compensation amounts, and introduces additional guidelines for processing claims.

General Summary of the Bill

The bill seeks to extend the deadline for filing claims under the Radiation Exposure Compensation Act, expand eligibility criteria, and increase the compensation available for individuals impacted by radiation exposure. It now also includes compensation for those affected by Manhattan Project waste and makes changes aiming to enhance benefits for uranium mining workers. A separate section within the bill is dedicated to establishing a grant program for studying the health impacts of uranium mining on individuals not directly involved in those industries.

Summary of Significant Issues

Several notable issues arise from the bill:

  1. Compensation Levels: The amount proposed for compensation ($50,000 for living individuals and $25,000 for the deceased's beneficiaries) may not adequately meet the financial needs of all individuals impacted by radiation exposure. The list of eligible conditions is limited, potentially leaving out people suffering from other diseases linked to radiation.

  2. Expansion of Claims: Allowing multiple resubmissions of claims and extending the timeframe for filing may increase administrative costs. This expansion, while potentially beneficial for claimants, could strain resources, leading to inefficiencies.

  3. Verification and Proof: The use of affidavits raises concerns about potential misuse or fraudulent claims since the verification methods are not explicitly outlined. While it includes cultural considerations for certain groups, these aspects need clearer guidance to be effectively implemented.

  4. Funding and Grants: The section on grants lacks specific details on fund allocation and eligibility criteria. Without a clear framework, there is a risk of inefficiencies and perceived favoritism in terms of grant distribution.

  5. Potential for Misuse: Broad language around acceptable activities and uses of funds in the cooperative agreement for protecting human and ecological health could lead to misuse or unfocused expenditure without adequate spending purposes.

Public Impact

This bill could have broad implications for those who lived in areas affected by the Manhattan Project, as well as for uranium miners and others exposed to radiation through work or residence. Extending eligibility and increasing compensation could provide much-needed financial relief to affected individuals and their families. However, it might also increase public expenditure without sufficient checks if limits and efficiencies are not put in place.

Stakeholder Impact

  • Affected Individuals: Positively, this bill extends eligibility and potentially increases the compensation for those impacted by radiation. However, limited disease lists and strict proof requirements could still exclude those most in need.

  • Government and Administrators: These groups face the challenge of efficiently processing potentially increased numbers of claims. Adequate resources and processes will be essential to manage this expansion without causing delays or errors.

  • Nonprofit and Educational Institutions: These entities could benefit from increased funding through the proposed grant program, leading to potential advancements in understanding radiation's health impacts.

Overall, while the bill contains provisions that could greatly benefit affected individuals, several issues surrounding its implementation and scope must be addressed to ensure effectiveness and fairness. Each ambiguity and breadth in definition bears the potential to affect stakeholders variably, emphasizing the need for careful consideration and precise execution of the proposed measures.

Financial Assessment

The proposed bill, S. 243, includes several financial references and allocations that significantly impact the individuals affected by radiation exposure due to historical atomic energy activities. These financial aspects are vital to understand, as they directly relate to the ability of the bill to adequately compensate affected populations and carry out its intended purposes.

Compensation for Claims Relating to Manhattan Project Waste

The bill proposes compensations for individuals affected by the Manhattan Project waste. Living affected individuals are eligible for compensation of the greater of $50,000 or total documented out-of-pocket medical expenses. Meanwhile, the heirs of deceased victims, specifically surviving spouses, can claim $25,000, and if there is no spouse, surviving children can equally share the same amount. Notably, the compensation offered might not cover all needs, especially for those with prolonged exposure or severe illnesses leading to substantial medical costs. Moreover, the exclusion of certain radiation-related conditions and reliance on ZIP codes for eligibility could unjustly leave some affected individuals without needed financial support.

Expansion of Use of Affidavits

The legislation facilitates the use of affidavits to substantiate claims, which might help individuals who lack formal documentation. However, the reliance on third-party attestations introduces possibilities for misuse or fraudulent claims. While integrating cultural considerations is positive, the lack of explicit verification guidelines could lead to weaknesses in accurately validating claims, potentially increasing administrative and compensation costs without rigorous checks.

Claims Relating to Uranium Mining

The amendment to extend the cutoff date for claims eligibility from 1971 to 1990 could increase the number of eligible claimants and result in significantly higher expenditures. Without clarifying the rationale behind extending this period, questions arise about the intent and fiscal responsibility in broadening eligibility. This change might lead to increased spending without well-defined justifications for this specific timeframe.

Grant Program on Epidemiological Impacts

There is an authorization for $3,000,000 per year for fiscal years 2025 through 2027 to study the epidemiological impacts of uranium mining and milling. While this is a substantial investment, the bill lacks specific criteria for grant allocation, measurable success indicators, and eligibility guidelines. This vagueness might result in inefficiencies, uneven distribution of funds, and perceived favoritism without transparency and clear regulatory standards.

Limitation on Claims

The bill extends the filing period for claims from 2 to 5 years and permits resubmission of denied claims up to three times. While these adjustments intend to offer greater access to compensation, there could be administrative cost implications and inefficiencies. The extension and allowance for multiple resubmissions require justifications to ensure they align with broader goals of fairness and fiscal prudence.

Cooperative Agreement

A cooperative agreement allows for broad expenditures, including activities deemed "appropriate" by the Secretary. This broad language can lead to misuse of allocated funds, lacking explicit spending purposes. Without clear boundaries, there could be a risk of inefficient or unintended use of resources, demanding heightened scrutiny and oversight to align with legislative objectives.

Overall, while the financial allocations within the bill aim to support those affected by radiation exposure, the potential for inefficiencies, increased costs, and exclusion of certain groups could undermine these efforts without mindful implementation and oversight. It is crucial to address these issues to ensure the bill effectively fulfills its compensatory role while maintaining fiscal responsibility.

Issues

  • The section on 'Claims relating to Manhattan Project waste' (Sec. 102 and Sec. 5A) may not adequately address the financial needs of affected individuals, as the compensation amounts ($50,000 for living individuals and $25,000 for deceased individuals' beneficiaries) may not reflect the varying degrees of impact. Additionally, the specified diseases list may exclude those suffering from other radiation-related conditions, and the reliance on ZIP codes could unintentionally exclude impacted individuals not residing in designated areas.

  • The use of affidavits in 'Expansion of use of affidavits in determination of claims; regulations' (Sec. 206) could lead to potential misuse or fraudulent claims due to reliance on third-party attestations, which might not have robust verification methods outlined. The integration of cultural considerations appears positive but lacks detailed guidelines.

  • The amendment of dates related to eligibility for claims in 'Claims relating to uranium mining' (Sec. 205) extends the cutoff from 1971 to 1990, significantly changing eligibility. Without a clear justification, this could lead to increased spending and questions regarding rationale for the specific date range.

  • The 'Grant program on epidemiological impacts of uranium mining and milling' (Sec. 208) lacks specificity in funding allocation, metrics for program success, and clear eligibility criteria for grant applicants. This vagueness could lead to inefficiencies and perceived favoritism.

  • The 'Limitation on claims' section (Sec. 207) extends the filing period from 2 to 5 years and allows claims to be resubmitted up to three times, which could result in increased administrative costs and potential inefficiencies without sufficient justification.

  • The cooperative agreement in 'Cooperative agreement' (Sec. 103) includes broad language allowing for 'such other activities as the Secretary considers appropriate,' which might lead to misuse of funds without explicit spending purposes.

  • The lack of a total compensation limit in 'Claims relating to Manhattan Project waste' (Sec. 5A) could lead to uncontrolled spending, as the section does not specify a cap for compensation, potentially opening the door for financial mismanagement.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The "Radiation Exposure Compensation Reauthorization Act" outlines provisions for extending and managing compensation related to radiation exposure from uranium mining, atmospheric nuclear testing, and Manhattan Project waste. It includes sections detailing claims processes, cooperative agreements, and studies on the health impacts of such exposure.

101. Short title Read Opens in new tab

Summary AI

The Radiation Exposure Compensation Expansion Act is referred to as the short title for this particular legislative section.

102. Claims relating to Manhattan Project waste Read Opens in new tab

Summary AI

In this section, the U.S. government outlines eligibility criteria and compensation amounts for individuals making claims related to exposure to waste from the Manhattan Project. It specifies conditions, such as the required physical presence in certain areas and health issues that must be met to receive compensation, either directly to the affected individuals or to their spouses or children if deceased.

Money References

  • “(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).
  • “(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.

5A. Claims relating to Manhattan Project waste Read Opens in new tab

Summary AI

Under this section, people who were in certain areas affected by Manhattan Project waste and later developed specific diseases can apply for compensation. If the person is deceased, their spouse or children can receive a payment instead, with proof required to show residency in the impacted zones and medical documentation of the disease.

Money References

  • (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).
  • (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.

103. Cooperative agreement Read Opens in new tab

Summary AI

The Secretary of Energy is required to give a cooperative agreement to an eligible group in Alaska by September 30, 2025, to help protect health and the environment at the Amchitka site. This agreement can fund research, workforce development, and other suitable activities, and must involve stakeholder engagement and the involvement of local Indian Tribes. An eligible group can be made up of educational institutions, state agencies, local Indian Tribes, or certain nonprofit organizations located in Alaska.

201. Short title Read Opens in new tab

Summary AI

The section cited as the "Radiation Exposure Compensation Act Amendments of 2025" introduces changes or additions to the existing Radiation Exposure Compensation Act.

202. References Read Opens in new tab

Summary AI

Whenever this part of the law talks about changing or canceling a rule, it specifically refers to changes or cancellations related to the Radiation Exposure Compensation Act.

203. Extension of fund Read Opens in new tab

Summary AI

The amendment changes Section 3(d) to state that the Fund related to the Radiation Exposure Compensation Act will now end six years after the 2025 Amendments are enacted, instead of two years.

204. Claims relating to atmospheric testing Read Opens in new tab

Summary AI

The amendments to Section 4 of a bill address claims related to leukemia and other specified diseases from atmospheric nuclear testing. They extend the recognized affected period, adjust the residency requirements, increase compensation to $100,000 for qualified individuals, and redefine the "affected area" to include specific states and regions like New Mexico and Guam. Chronic lymphocytic leukemia is now included in the list of specified diseases.

Money References

  • (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; “(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 $100,000.”. (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.
  • (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 “$100,000”.

205. Claims relating to uranium mining Read Opens in new tab

Summary AI

The section of the bill makes several updates to claims related to uranium mining, including extending relevant employment periods to December 31, 1990, adding new job roles like core drillers, expanding the list of covered diseases to include renal issues, and providing guidelines for combined work histories. It also defines a core driller as someone who extracts rock samples using drilling machines for uranium or vanadium mining.

206. Expansion of use of affidavits in determination of claims; regulations Read Opens in new tab

Summary AI

The section expands the use of affidavits in proving claims related to employment history, physical presence in specific areas, and participation in nuclear tests, requiring them to be made by someone other than the claimant and under penalty of perjury. It mandates the Attorney General to update regulations, considering Native American customs and records like tribal letters or grazing permits, for validating presence in affected areas.

207. Limitation on claims Read Opens in new tab

Summary AI

The section changes the filing period for claims under the Radiation Exposure Compensation Act to five years and allows denied claimants three chances to resubmit claims after the new amendments take effect. Additionally, claimants who have previously received compensation can request extra compensation based on new eligibility criteria, and if compensated under a specific section, they can also receive medical benefits.

208. Grant program on epidemiological impacts of uranium mining and milling Read Opens in new tab

Summary AI

The bill establishes a grant program, managed by the Secretary of Health and Human Services, to study the health impacts of uranium mining and milling on individuals not directly working in those industries, such as family members of miners. Institutions of higher education and nonprofit entities can apply for these grants, with $3 million allocated annually from 2025 to 2027 for this purpose.

Money References

  • (e) Authorization of appropriations.—There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2025 through 2027.

209. Energy Employees Occupational Illness Compensation Program Read Opens in new tab

Summary AI

The section details updates to the Energy Employees Occupational Illness Compensation Program Act, expanding the criteria for compensating workers who contracted specified cancers due to radiation exposure. It outlines conditions under which employees at Department of Energy facilities, atomic weapons employer facilities, or uranium mines and mills from certain states might be considered for compensation, emphasizing situations where accurately estimating radiation exposure is not feasible.

210. GAO study and report Read Opens in new tab

Summary AI

The section requires the Comptroller General of the United States to conduct a study and submit a report to Congress within one year. The study should focus on the importance and need for coverage of unmet medical benefits for people exposed to radiation during nuclear tests conducted by the Federal Government, along with recommendations for providing such coverage.