S.Amdt. 5506

1. Adds SEC. __. INCLUSION OF CLAIMS RELATING TO ATMOSPHERIC TESTING ON JULY 16, 1945, UNDER THE RADIATION EXPOSURE COMPENSATION ACT at the end of title XXXI

   Adds a section

   In S. 3001 · Placed on Calendar Senate

   (c) Limitation on Funding for Global Nuclear Energy Partnership.-- None of the amounts authorized to be appropriated for fiscal year 2009 by section 3101(a)(2) for defense nuclear nonproliferation activities and available for the Global Initiatives for Proliferation Prevention program may be used for projects related to energy security that could promote the Global Nuclear Energy Partnership.

   Inserted: SEC. __. INCLUSION OF CLAIMS RELATING TO ATMOSPHERIC TESTING ON JULY 16, 1945, UNDER THE RADIATION EXPOSURE COMPENSATION ACT.

   Inserted: (a) In General.--The Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended by inserting after section 4 the following:

   Inserted: "SEC. 4A. CLAIMS RELATING TO ATMOSPHERIC NUCLEAR TESTING ON JULY 16, 1945.

   Inserted: "(a) Claims Relating to Leukemia.--

   Inserted: "(1) In general.--Subject to paragraph (4), an individual described in paragraph (2) shall receive compensation in an amount specified in paragraph (3).

   Inserted: "(2) Eligible individuals.--An individual described in this paragraph is an individual who--

   Inserted: "(A)(i) was physically present in the affected area from July 16, 1945, to July 15, 1946; or

   Inserted: "(ii) participated onsite in the test involving the atmospheric detonation of a nuclear device on July 16, 1945; and

   Inserted: "(B) submits written documentation that the individual developed leukemia--

   Inserted: "(i) after the period of physical presence described in subparagraph (A)(i) or onsite participation described in subparagraph (A)(ii) (as the case may be); and

   Inserted: "(ii) more than 2 years after first exposure to fallout from the atmospheric detonation of a nuclear device on July 16, 1945.

   Inserted: "(3) Compensation.--The amount of compensation payable under this paragraph is the amount as follows:

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   Inserted: "(A) In the case of an individual described in paragraph (2)(A)(i), $50,000.

   Inserted: "(B) In the case of an individual described in paragraph (2)(A)(ii), $75,000.

   Inserted: "(4) Conditions.--The conditions described in this paragraph are as follows:

   Inserted: "(A) The individual's initial exposure to fallout from the atmospheric detonation of a nuclear device on July 16, 1945 occurred before the individual reached 21 years of age.

   Inserted: "(B) The claim for compensation under paragraph (3) is filed with the Attorney General by or on behalf of the individual.

   Inserted: "(C) The Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act.

   Inserted: "(b) Claims Relating to Specified Diseases.--

   Inserted: "(1) In general.--Subject to paragraph (4), an individual described in paragraph (2) shall receive compensation in an amount specified in paragraph (3).

   Inserted: "(2) Eligible individuals.--An individual described in this paragraph is an individual who--

   Inserted: "(A)(i) was physically present in the affected area from July 16, 1945, to July 15, 1947; or

   Inserted: "(ii) participated onsite in the test involving the atmospheric detonation of a nuclear device on July 16, 1945; and

   Inserted: "(B) submits written medical documentation that the individual, after a period of physical presence described in subparagraph (A)(i) or onsite participation described in subparagraph (A)(ii) (as the case may be), contracted a specified disease.

   Inserted: "(3) Compensation.--The amount of compensation payable under this paragraph is the amount as follows:

   Inserted: "(A) In the case of an individual described in paragraph (2)(A)(i), $50,000.

   Inserted: "(B) In the case of an individual described in paragraph (2)(A)(ii), $75,000.

   Inserted: "(4) Conditions.--The conditions described in this paragraph are as follows:

   Inserted: "(A) The claim for compensation under paragraph (3) is filed with the Attorney General by or on behalf of the individual.

   Inserted: "(B) The Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act.

   Inserted: "(c) Payments.--Payments under this section may be made only in accordance with section 6.

   Inserted: "(d) Definitions.--In this section:

   Inserted: "(1) The term 'affected area' means the counties of San Miguel, Torrance, Guadalupe, De Baca, Socorro (including the town of Socorro), and Lincoln (including the town of Carrizozo) in the State of New Mexico.

   Inserted: "(2) The term 'specified disease' means--

   Inserted: "(A) leukemia (other than chronic lymphocytic leukemia), if the first exposure to fallout from the atmospheric detonation of a nuclear device occurred after the age of 20 and the onset of the leukemia was at least 2 years after first exposure; and

   Inserted: "(B) the following diseases, if onset was at least 5 years after first exposure: multiple myeloma, lymphomas (other than Hodgkin's disease), 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), or lung.".

   Inserted: (b) Conforming Amendments.--

   Inserted: (1) Section 4 of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended--

   Inserted: (A) in the section heading, by inserting "ON OR AFTER JANUARY 21, 1951" after "NUCLEAR TESTING"; and

   Inserted: (B) in subsection (a)(1)(A)(ii)(II), by striking "more that 2 years" and inserting "more than 2 years".

   Inserted: (2) Section 6 of such Act is amended--

   Inserted: (A) in subsection (b)(2)--

   Inserted: (i) in subparagraph (A), by striking "leukemia under section 4(a)(1), a specified disease under section 4(a)(2)" and inserting "leukemia under section 4(a) or section 4A(a), a specified disease under section 4(a)(2) or 4A(b)"; and

   Inserted: (ii) in subparagraph (C), by inserting "or 4A(b)(2)(A)(ii)" after "section 4(a)(2)(C)";

   Inserted: (B) in subsection (c)--

   Inserted: (i) in paragraph (2)(A)--

   Inserted: (I) in the matter preceding clause (i), by inserting ", a claim under subsection (a) or (b)(2)(A)(i) of section 4A," after "section 4"; and

   Inserted: (II) by amending clause (i) to read as follows:

   Inserted: "(i) exposure to radiation, from atmospheric nuclear testing, in an affected area (as defined in section 4(b)(1) or section 4A(d)(1)) at any time during a period described in subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 or subsection (a) or (b)(2)(A)(i) of section 4A, or";

   Inserted: (ii) in paragraph (2)(B), by inserting "or section 4A(b)(2)(A)(ii)" after "section 4(a)(2)(C)"; and

   Inserted: (iii) in paragraph (4)(B), by striking "section 4 or 5" and inserting "section 4, 4A, or 5"; and

   Inserted: (C) in subsection (e), by striking "in the affected area (as defined in section 4(b)(1)) at any time during the period described in subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4" and inserting "in an affected area (as defined in section 4(b)(1) or section 4A(d)(1)) at any time during a period described in subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 or subsection (a) or (b)(2)(A)(i) of section 4A".

   Original wording

   At the end of title XXXI, insert the following:

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As printed