PAYMENTS FOR INJURIES BELIEVED TO ARISE OUT OF ATOMIC WEAPONS TESTING PROGRAM

SEC. 3139. PAYMENTS FOR INJURIES BELIEVED TO ARISE OUT OF ATOMIC WEAPONS TESTING PROGRAM (a) Findings.— Section 2(a) of the Radiation Exposure Compensation Act (Public Law 101–426) is amended— (1) in paragraph (1), by striking “above-ground” and all that follows through “Arizona” and inserting “atmospheric nuclear tests exposed individuals”; (2) in paragraph (2), by striking “unwitting participants” and inserting “exposed to radiation”; and (3) in paragraph (5), by striking “innocent” and all that follows through “involuntarily” and inserting “individuals who were exposed to radiation were”. (b) Trust Fund.— Section 3 of that Act is amended— (1) in the first sentence of subsection (d), by striking “not later than” and all that follows through “amount, or”; and (2) in subsection (e), by striking “$100,000,000” and inserting “such sums as may be necessary to carry out its purposes”, (c) Claims Relating to Atmospheric Nuclear Testing.— (1) The section caption for section 4 of that Act is amended by striking “open air” and inserting “atmospheric”. (2) Section 4(a) of that Act is amended to read as follows: “(a) Claims.— “(1) Claims Relating to Childhood Leukemia.— Any individual who was physically present in the affected area for a period of at least 1 year during the period beginning on January 21, 1951, and ending on October 31, 1958, or was physically present in the affected area for the period beginning on June 30, 1962, and ending on July 31, 1962, and who submits written medical documentation that he or she, after such period of physical presence and between 2 and 30 years after first exposure to the fallout, contracted leukemia (other than chronic lymphocytic leukemia), shall receive $50,000 if— “(A) initial exposure occurred prior to age 21, “(B) the claim for such payment is filed with the Attorney General by or on behalf of such individual, and “(C) the Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act. “(2) Claims Relating to Specified Diseases.— Any individual who— “(A) was physically present in the affected area for a period of at least 2 years during the period beginning on January 21, 1951, and ending on October 31, 1958, “(B) was physically present in the affected area for the period beginning on June 30, 1962, and ending on July 31, 1962, or “(C) participated onsite in a test involving the atmospheric detonation of a nuclear device, and who submits written medical documentation that he or she, after such period of physical presence or such participation (as the case may be), contracted a specified disease, shall receive $50,000 (in the case of an individual described in subparagraph104 STAT. 1836(A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)), if— “(i) the claim for such payment is filed with the Attorney General by or on behalf of such individual, and “(ii) the Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act. “(3) Conformity with section 6.— Payments under this section may be made only in accordance with section 6. “(4) Exclusion.— No payment may be made under this section on any claim of the Government of the Marshall Islands, or of any citizen or national of the Marshall Islands, that is referred to in Article X, Section 1 of the Agreement Between the Government of the United States and the Government of the Marshall Islands for the Implementation of section 177 of the Compact of Free Association (as approved by the Compact of Free Association Act of 1985 (Public Law 99–239)).”. (3) Section 4(b)(2) of that Act is amended by striking “primary cancer of: the” and inserting “primary cancer of the:”. (d) Claims Relating to Uranium Mining.— Section 5 of that Act is amended— (1) in subsection (a) in the matter following “$100,000 if—”, by striking “(1)” and inserting “(i)” and by striking “(2)” and inserting “(ii)”; and (2) in subsection (b)(3) by striking “an uranium” and inserting “a uranium”. (e) Determination and Payment of Claims.— (1) Section 6(b)(2) of that Act is amended— (A) in subparagraph (A)— (i) by striking “a specified disease under section 4” and inserting “leukemia under section 4(a)(1), a specified disease under section 4(a)(2),”; and (ii) by striking “and” at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting “; and”; (C) by inserting after subparagraph (B) the following: “(C) in consultation with the Secretary of Defense and the Secretary of Energy, establish guidelines for determining what constitutes documentation that an individual participated onsite in a test involving the atmospheric detonation of a nuclear device under section 4(a)(2)(C).”, and (D) in the matter following subparagraph (C) (as added by subparagraph (C) of this paragraph)— (i) by striking “and” after “(A),”; and (ii) by inserting before the period the following:“, and with the Secretary of Defense and the Secretary of Energy with respect to making determinations pursuant to the guidelines issued under subparagraph (C).”. (2) Section 6(c)(2) of that Act is amended to read as follows: “(2) Offset for certain payments.— (A) A payment to an individual, or to a survivor of that individual, under this section on a claim under subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 or a claim under section 5 shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim (other than a claim for worker’s compensation), against any person, that is based on injuries incurred by that individual on account of— 104 STAT. 1837 “(i) exposure to radiation, from atmospheric nuclear testing, 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, or “(ii) exposure to radiation in a uranium mine at any time during the period described in section 5(a). “(B) A payment to an individual, or to a survivor of that individual, under this section on a claim under section 4(a)(2)(C) shall be offset by the amount of— “(i) any payment made pursuant to a final award or settlement on a claim, against any person, or “(ii) any payment made by the Federal Government, that is based on injuries incurred by that individual on account of exposure to radiation as a result of onsite participation in a test involving the atmospheric detonation of a nuclear device. The amount of the offset under this subparagraph with respect to payments described in clauses (i) and (ii) shall be the actuarial present value of such payments.”. (3) Section 6(c)(4)(C)(i) of that Act is amended by striking “means” and inserting “is”. (4) Section 6(e) of that Act is amended— (A) by striking “open air” and inserting “atmospheric”; (B) by striking “any period described in section 4(a), or” and inserting “the period described in subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4,”; and (C) by inserting before the period at the end the following: or exposure to radiation as a result of onsite participation in a test involving the atmospheric detonation of a nuclear device”. (f) Choice of Remedies.— Section 7(b) of that Act is amended by inserting before the period at the end the following: “, and no individual may receive more than one payment under section 4 of this Act”. (g) Report.— Section 12 of that Act is amended— (1) by inserting “Report.—” after “(a)”; and (2) by inserting “Completion.—” after “(b)”.