Section 1 Short title
This Act may be cited as the “Downwinders Act”.
Downwinders Act
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.
Sec. 2 Amendments to the Radiation Exposure Compensation Act
Affected areas— Section 4 of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note; Public Law 101–426) is amended—
in subsection (a)—
in paragraph (1)—
in subparagraph (A)—
in clause (i)—
in subclause (II), by striking “; or” and inserting a semicolon;
by redesignating subclause (III) as subclause (IV); and
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”
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
in subparagraph (B)—
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
in clause (ii), by striking “subclause (III)” and inserting “subclause (IV)”; and
in paragraph (2)—
in subparagraph (B), by striking “, or” and inserting a comma;
by redesignating subparagraph (C) as subparagraph (D);
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”
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
in subsection (b)(1)—
in subparagraph (A), by striking “in the State” and all that follows through “Piute” and inserting “the State of Utah”;
in subparagraph (B), by striking “; and” and inserting a semicolon; and
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”
Extension of period of compensation—
Termination of fund— Section 3(d) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note; Public Law 101–426) is amended—
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
in the second sentence, by striking “by the end of that 22-year period” and inserting “by such date of termination”.
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”.
Conforming amendments— Section 6 of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note; Public Law 101–426) is amended—
in subsection (b)(2)(C), by striking “section 4(a)(2)(C)” and inserting “section 4(a)(2)(D)”;
in subsection (c)(2)—
in subparagraph (A)—
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
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
in subparagraph (B), by striking “section 4(a)(2)(C)” and inserting “section 4(a)(2)(D)”; and
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
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).
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).
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)).
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—
in subparagraph (A), by striking “and (G)” and inserting “(G), and (H)”;
in subparagraph (C)(i), by striking “and (G)” and inserting “(G), and (H)”; and
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.”