Radiation Exposure Compensation Reauthorization Act of 2026
A BILL
To amend the Radiation Exposure Compensation Act to provide for certain claims related to atmospheric testing, and for other purposes.
Sec. 2 Claims related to atmospheric testing
“(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, 1992; or
“(bb) for the period beginning on April 25, 1962, and ending on November 6, 1962; or
“(V) participated—
“(aa) onsite in a test involving the atmospheric detonation of a nuclear device; or
“(bb) onsite in the radiological cleanup of Enewetak Atoll during the period beginning on January 1, 1977, and ending on December 31, 1980; or
“(cc) onsite in the response effort following the collision of a United States Air Force B–52 bomber and refueling aircraft that caused the release of four thermonuclear weapons in the vicinity of Palomares, Spain, during the period beginning January 17, 1966, and ending March 31, 1967; or
“(dd) onsite in the response effort following the on-board fire and crash of a United States Air Force B–52 bomber that caused the release of four thermonuclear weapons in the vicinity of Thule Air Force Base, Greenland, during the period beginning January 21, 1968, and ending September 25, 1968;
“(VI) is a member of the petitioner cohort; and”
“(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, 1992; or
“(ii) for the period beginning on April 25, 1962, and ending on November 6, 1962;
“(E) is a member of the petitioner cohort; or”
“(iv) the territory of Guam; and”
“(C) with respect to a claim by an individual under subsection (a)(1)(A)(i)(IV) or (a)(2)(D), only Guam.”
“(3) “petitioner cohort” means a class of individuals designated pursuant to section 7 of this Act.”
Sec. 3 Manhattan Project waste
“(1) in the State of Missouri, the ZIP Codes of 63031, 63033, 63034, 63042, 63045, 63074, 63106, 63107, 63112, 63113, 63114, 63115, 63120, 63133, 63135, 63136, 63137, 63138, 63044, 63121, 63140, 63145, 63147, 63102, 63304, 63134, 63043, 63341, 63368, and 63367;”
“(5) in the State of Illinois, the ZIP Code of 62060;
“(6) in the State of Washington, the ZIP Codes of 98832, 98837, 98857, 98930, 98944, 98948, 98951, 98952, 99105, 99144, 99159, 99169, 99301, 99320, 99321, 99323, 99324, 99326, 99330, 99333, 99335, 99336, 99337, 99338, 99341, 99343, 99344, 99345, 99346, 99348, 99349, 99350, 99352, 99353, 99354, 99357, 99359, 99360, 99361, 99362, 99363, and 99371;
“(7) in the State of Colorado, the Zip Codes of 80002, 80003, 80004, 80005, 80007, 80025, 80020, 80021, 80023, 80026, 80027, 80030, 80031, 80033, 80202, 80203, 80204, 80205, 80206, 80207, 80209, 80210, 80211, 80212, 80216, 80218, 80220, 80221, 80222, 80223, 80224, 80229, 80230, 80231, 80233, 80234, 80241, 80246, 80247, 80260, 80266, 80303, 80305, 80403, 80601, 80602, 80603, 80621, 80640, 81212, 81215, 81221, 81226, 81240, 81244, 81246, and 81290; and
“(8) in the State of Ohio, the Zip Codes of 45613, 45648, 45661, 45690.”
“(B) is a member of the petitioner cohort.”
“(h) Petitioner cohort—The term petitioner cohort means a class of individuals designated pursuant to section 7 of this Act.”
Sec. 4 Adjustment in compensation
“(5) Medical benefits—An individual receiving a payment under this section shall be eligible to receive, upon submission of contemporaneous written medical records, reports, or billing statements created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, additional compensation in the amount of all documented out-of-pocket medical expenses incurred as a result of the specified disease suffered by that claimant, such as any medical expenses not covered, paid for, or reimbursed through—
“(A) any public or private health insurance;
“(B) any employee health insurance;
“(C) any workers’ compensation program; or
“(D) any other public, private, or employee health program or benefit.”
Sec. 5 Affidavits
“(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 of an individual as a miner, miller, core driller, or ore transporter if the affidavit—
“(i) is provided in addition to the 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 the 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.
“(D) Participation in cleanup—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 the cleanup of Enewetak Atoll during the period beginning on January 1, 1977, and ending on December 31, 1980, if the affidavit—
“(i) is provided in addition to other material that may be used to substantiate the individual’s participation onsite in the cleanup of Enewetak Atoll during such period;
“(ii) attests to the individual’s participation onsite in the cleanup of Enewetak Atoll during such period;
“(iii) is made subject to penalty for perjury; and
“(iv) is made by a person other than the individual filing the claim.
“(E) Participation in palomares response effort—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 the response effort following the collision of a United States Air Force B–52 bomber and refueling aircraft that caused the release of four thermonuclear weapons in the vicinity of Palomares, Spain, during the period beginning January 17, 1966, and ending March 31, 1967, if the affidavit—
“(i) is provided in addition to other material that may be used to substantiate the individual’s participation onsite in such response effort during such period;
“(ii) attests to the individual’s participation onsite in such response effort during such period;
“(iii) is made subject to penalty for perjury; and
“(iv) is made by a person other than the individual filing the claim.
“(F) Participation in thule response effort—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 the response effort following the on-board fire and crash of a United States Air Force B–52 bomber that caused the release of four thermonuclear weapons in the vicinity of Thule, Greenland, during the period beginning January 21, 1968, and ending September 25, 1968, if the affidavit—
“(i) is provided in addition to other material that may be used to substantiate the individual’s participation onsite in such response effort during such period;
“(ii) attests to the individual’s participation onsite in such response effort during such period;
“(iii) is made subject to penalty for perjury; and
“(iv) is made by a person other than the individual filing the claim.
“(G) Compensable diseases—For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s contraction of one of the cancers and diseases enumerated in section 4(b)(2), section 5(a)(1)(A)(ii), section 5(b)(3), section 5(b)(6), or section 5A(e), if the affidavit—
“(i) is provided in addition to other material that may be used to substantiate the individual’s contraction of such cancer or diseases;
“(ii) attests to the individual’s contraction of such cancer or diseases;
“(iii) is made subject to penalty for perjury; and
“(iv) is made by a person other than the individual filing the claim.”
Sec. 6 Claims submitted on behalf of another
“(B) any survivors or representatives of the individual described in section 6(a) and section 6(c)(4)(A).”
“(3) any surviving parent or representatives of the individual described in section 6(a) and section 6(c)(4)(A).”
“(a) Establishment of filing procedures—The Attorney General shall establish procedures whereby individuals may submit claims for payments under this Act. In establishing procedures under this subsection, the Attorney General shall—
“(1) take into account and make allowances for the law, tradition, and customs of Indian Tribes (as that term is defined in section 5(b)) and members of Indian Tribes, to the maximum extent practicable; and
“(2) accept claims filed by—
“(A) an exposed individual;
“(B) survivors of such an individual as set forth in section 6(c)(4)(A); or
“(C) an authorized agent (as such term is defined in subsection (c)(4)(C)) of such an individual, if the individual is deceased or incapacitated.”
“(vi) an “authorized agent” of an individual is—
“(I) an executor or a conservator of the estate of the individual;
“(II) a legal guardian, a personal representative, or a conservator of the individual;
“(III) a personal representative or a conservator of a legal guardian of the individual; or
“(IV) a person that the Attorney General determines is similarly situated to a person described in subclauses (I) through (III).”
Sec. 7 Compensable cancers and diseases
“(2) “specified disease” means leukemia (including chronic lymphocytic leukemia), provided the onset of the disease was at least 2 years after first exposure, and the following diseases, provided onset was at least 2 years after first exposure: multiple myeloma, lymphomas (other than Hodgkin’s disease), renal disease, thyroid diseases, and primary cancer of the: thyroid, male or female breast, esophagus, stomach, pharynx, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary bladder, brain, colon, ovary, liver (except if cirrhosis or hepatitis B is indicated), bone, renal, rectal, prostate, uterine, cervical, skin, or lung.”
“(C) Renal disease.
“(D) Thyroid disease.”
“(xix) rectal;
“(xx) prostate;
“(xxi) uterine;
“(xxii) cervical; or
“(xxiii) skin.”
Sec. 8 Extension of fund; extension of limitations on claims
Sec. 9 Previously successful claims
Sec. 10 Additional classes of individuals as eligible applicants; establishment of discretionary authority
“7. Designation of additional classes of individuals
“(a) Advice on additional individuals
“(1) The Attorney General shall advise the President whether there is a class of individuals who likely were exposed to radiation as a result of atmospheric nuclear testing, uranium mining, uranium milling, uranium core drilling, or Manhattan Project waste disposal but who are not currently eligible for compensation under this Act.
“(2) The advice of the Attorney General under paragraph (1) shall be based on exposure assessments by radiation health professionals, information provided by the Department of Energy, the Department of Defense, and the Department of Health and Human Services and such other information as the Attorney General considers appropriate.
“(3) The President shall request advice under paragraph (1) after consideration of petitions by classes of individuals described in that paragraph for such advice. The President shall consider such petitions pursuant to procedures established by the President.
“(b) Designation of additional individuals—Subject to the provisions of this Act, the members of a class of individuals who likely were exposed to radiation as a result of atmospheric nuclear testing, uranium mining, uranium milling, uranium core drilling, or Manhattan Project waste disposal, may be treated as members of the petitioner cohort eligible under an existing claimant category, or if needed, a new claimant category for purposes of the compensation program if the President, upon recommendation of the Attorney General, determines that—
“(1) such class of individuals are not currently covered under this Act;
“(2) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class; and
“(3) such a determination is aligned with the purposes of this Act.
“(c) Deadlines
“(1) Not later than 180 days after the date on which the President receives a petition for designation as members of the petitioner cohort, the Secretary of Energy and the Secretary of Health and Human Services shall submit to the Attorney General a recommendation on that petition, including all supporting documentation.
“(2) Upon receipt by the President of a recommendation of the Attorney General that the President should determine in the affirmative that paragraphs (1) and (2) of subsection (b) apply to a class, the President shall have a period of 30 days in which to determine whether such paragraphs apply to the class and to submit that determination (whether affirmative or negative) to Congress.”