I 

109TH CONGRESS 

1ST SESSION H. R. 2910

To amend the Radiation Exposure Compensation Act to include the Territory 

of Guam in the list of affected areas with respect to which claims 

relating to atmospheric nuclear testing shall be allowed, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2005

Ms. BORDALLO introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL

To amend the Radiation Exposure Compensation Act to include the Territory of Guam in the list of affected areas 

with respect to which claims relating to atmospheric nuclear testing shall be allowed, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DEFINITION OF AFFECTED AREA TO INCLUDE 

4 ADDITIONAL DOWNWIND AREA EXPOSED TO 

5 RADIATION. 

6 Section 4(b)(1) of the Radiation Exposure Com7 pensation Act (42 U.S.C. 2210 note) is amended—
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1 (1) by striking ‘‘and’’ at the end of subpara2 graph (B); and 

3 (2) by adding at the end the following: 

4 ‘‘(D) the Territory of Guam; and’’. 

5 SEC. 2. ELIGIBILITY TO FILE A CLAIM BASED ON PRESENCE 

6 DURING PERIOD OF TESTING. 

7 (a) CLAIMS RELATING TO LEUKEMIA.—Section 

8 4(a)(1)(A)(i) of the Radiation Exposure Compensation 

9 Act (42 U.S.C. 2210 note) is amended—

10 (1) in subclauses (I) and (II), by inserting ‘‘de11 scribed in subparagraph (A), (B), or (C) of sub12 section (b)(1)’’ after ‘‘affected area’’; 

13 (2) in subclause (II)—

14 (A) by striking ‘‘in the’’ before ‘‘affected 

15 area’’ and inserting ‘‘in an’’; and 

16 (B) by striking ‘‘or’’ at the end; 

17 (3) by redesignating subclause (III) as sub18 clause (V); and 

19 (4) by inserting after subclause (II) the fol20 lowing: 

21 ‘‘(III) was physically present in 

22 the affected area described in sub23 section (b)(1)(D) for a period of at 

24 least 1 year during the period begin-
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1 ning on June 30, 1946, and ending on 

2 August 18, 1958; 

3 ‘‘(IV) was physically present in 

4 the affected area described in sub5 section (b)(1)(D) for the period begin6 ning on April 25, 1962, and ending 

7 on November 4, 1962; or’’. 

8 (b) CLAIMS RELATING TO SPECIFIED DISEASES.—

9 Section 4(a)(2) of the Radiation Exposure Compensation 

10 Act (42 U.S.C. 2210 note) is amended—

11 (1) in subparagraphs (A) and (B)—

12 (A) by striking ‘‘in the’’ before ‘‘affected 

13 area’’ and inserting ‘‘in an’’; and 

14 (B) by inserting ‘‘described in subpara15 graph (A), (B), or (C) of subsection (b)(1)’’ 

16 after ‘‘affected area’’; 

17 (2) in subparagraph (B), by striking ‘‘or’’ at 

18 the end; 

19 (3) by redesignating subparagraph (C) as sub20 paragraph (E); and 

21 (4) by inserting after subparagraph (B) the fol22 lowing: 

23 ‘‘(C) was physically present in the affected 

24 area described in subsection (b)(1)(D) for a pe25 riod of at least 2 years during the period begin-
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1 ning on June 30, 1946, and ending on August 

2 18, 1958, 

3 ‘‘(D) was physically present in the affected 

4 area described in subsection (b)(1)(D) for the 

5 period beginning on April 25, 1962, and ending 

6 on November 4, 1962, or’’. 

7 SEC. 3. CONFORMING AMENDMENTS. 

8 (a) CLAIMS RELATING TO LEUKEMIA.—Section 

9 4(a)(1) of the Radiation Exposure Compensation Act (42 

10 U.S.C. 2210 note) is amended—

11 (1) in subparagraphs (A)(ii)(I) and (B)(i), by 

12 striking ‘‘in subclause (I) or (II)’’ and inserting ‘‘in 

13 subclause (I), (II), (III), or (IV)’’; 

14 (2) in subparagraph (A)(ii)(I), by striking ‘‘in 

15 clause (i)(III)’’ and inserting ‘‘in clause (i)(V)’’; and 

16 (3) in subparagraph (B)(ii), by striking ‘‘in 

17 subclause (III)’’ and inserting ‘‘in subclause (V)’’. 

18 (b) CLAIMS RELATING TO SPECIFIED DISEASES.—

19 Section 4(a)(2) of the Radiation Exposure Compensation 

20 Act (42 U.S.C. 2210 note) is amended—

21 (1) by striking ‘‘in subparagraph (A) or (B))’’ 

22 and inserting ‘‘in subparagraph (A), (B), (C), or 

23 (D))’’; and 

24 (2) by striking ‘‘in subparagraph (C))’’ and in25 serting ‘‘in subparagraph (E))’’. 
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1 (c) DETERMINATION AND PAYMENT OF CLAIMS.—

2 Section 6 of the Radiation Exposure Compensation Act 

3 (42 U.S.C. 2210 note) is amended—

4 (1) in subsections (b)(2)(C) and (c)(2)(B), by 

5 striking ‘‘under section 4(a)(2)(C)’’ and inserting 

6 ‘‘under section 4(a)(2)(E)’’; and 

7 (2) in subsections (c)(2)(A) and (e), by striking 

8 ‘‘or (a)(2)(B) of section 4’’ each place that it ap9 pears and inserting ‘‘(a)(2)(B), (a)(2)(C), or 

10 (a)(2)(D) of section 4’’.

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