S.Amdt. 1012Senate118th Congress (2023-2025)
S.Amdt. 1012
Sponsored by
Sen. Josh Hawley (R-MO)
Submitted July 20, 2023
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Senate amendment submitted
July 20, 2023
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Senate amendment submitted
July 20, 2023
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Senate amendment submitted
July 20, 2023
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SA 1012. Mr. HAWLEY submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in subtitle G of title X, insert the following: SEC. 10___. CLAIMS RELATING TO MANHATTAN PROJECT WASTE. (a) Short Title.--This section may be cited as the ``Radiation Exposure Compensation Expansion Act''. (b) Claims Relating to Manhattan Project Waste.--The Radiation Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is amended by inserting after section 5 the following: ``SEC. 5A. CLAIMS RELATING TO MANHATTAN PROJECT WASTE. ``(a) In General.--A claimant shall receive compensation for a claim made under this Act, as described in subsection (b) or (c), if-- ``(1) a claim for compensation is filed with the Attorney General-- ``(A) by an individual described in paragraph (2); or ``(B) on behalf of that individual by an authorized agent of that individual, if the individual is deceased or incapacitated, such as-- ``(i) an executor of estate of that individual; or ``(ii) a legal guardian or conservator of that individual; ``(2) that individual, or if applicable, an authorized agent of that individual, demonstrates that the individual-- ``(A) was physically present in an affected area for a period of at least 2 years after January 1, 1949; and ``(B) contracted a specified disease after such period of physical presence; ``(3) the Attorney General certifies that the identity of that individual, and if applicable, the authorized agent of that individual, is not fraudulent or otherwise misrepresented; and ``(4) the Attorney General determines that the claimant has satisfied the applicable requirements of this Act. ``(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). ``(2) Losses due to medical expenses.--A claimant described in paragraph (1) 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. ``(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. ``(d) Affected Area.--For purposes of this section, the term `affected area' means, in the State of Missouri, the ZIP Codes of 63031, 63033, 63034, 63042, 63045, 63074, 63114, 63135, 63138, 63044, 63140, 63145, 63147, 63102, 63304, 63134, 63043, 63341, 63368, and 63367. ``(e) Specified Disease.--For purposes of this section, the term `specified disease' means any of the following: ``(1) Any leukemia, other than chronic lymphocytic leukemia, provided that the initial exposure occurred after the age of 20 and the onset of the disease was at least 2 years after first exposure. ``(2) Any of the following diseases, provided that the onset was at least 2 years after the initial exposure: ``(A) Multiple myeloma. ``(B) Lymphoma, other than Hodgkin's disease. ``(C) Type 1 or type 2 diabetes. ``(D) Systemic lupus erythematosus. ``(E) Multiple sclerosis. ``(F) Hashimoto's disease. ``(G) Primary cancer of the-- ``(i) thyroid; ``(ii) male or female breast; ``(iii) esophagus; ``(iv) stomach; ``(v) pharynx; ``(vi) small intestine; ``(vii) pancreas; ``(viii) bile ducts; ``(ix) gall bladder; ``(x) salivary gland; ``(xi) urinary bladder; ``(xii) brain; ``(xiii) colon; ``(xiv) ovary; ``(xv) liver, except if cirrhosis or hepatitis B is indicated; ``(xvi) lung; ``(xvii) bone; or ``(xviii) kidney. ``(f) Physical Presence.--For purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written residential documentation and at least one additional employer-issued or government-issued document or record that the claimant, for a period of at least 2 years after January 1, 1949, was physically present in an affected area or, if applicable, was physically present in an area of the city of St. Louis or the county of St. Louis in the State of Missouri that is outside of an affected area. ``(g) Disease Contraction in Affected Areas.--For purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written medical records or reports created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, that the claimant, after such period of physical presence, contracted a specified disease.''. (c) Extension on Fund and Time to Submit Claims.--The Radiation Exposure Compensation Act (Public Law 101-426; U.S.C. 2210 note) is amended-- (1) in section 3(d)-- (A) by striking ``2 years after the date of enactment of the RECA Extension Act of [[Page S3497]] 2022'' and inserting ``22 years after the date of enactment the Radiation Exposure Compensation Expansion Act''; and (B) by striking ``2-year period'' and inserting ``22-year period''; and (2) in section 8(a), by striking ``2 years after the date of enactment of the RECA Extension Act of 2022'' and inserting ``22 years after the date of enactment of the Radiation Exposure Compensation Expansion Act''. ______