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"\(C) Conditions.--The conditions described in this subparagraph are as follows:

“(@ Initial exposure occurred prior to age 21.

"(i) The claim for a payment under subparagraph (B) is filed with the Attomey General by or on behalf of the
individual.

“(iii) The Attomey General determines, in accordance with section 6 [of this note], that the claim meets the
requirements of this Act (this note].

(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 ofa 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 subparagraph (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

"Gi) the Attorney General determines, in accordance with section 6, that the claim meets the requirements of this
Act (this note].

(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) [set out asa note under section 1681 of Title 48, Territories and Insular
Possessions] ).

"'(b) Definitions.--For purposes of this section, the term--

(1) ‘affected area’ means—

(A) in the State of Utah, the counties of Washington, Iron, Kane, Garfield, Sevier, Beaver, Millard, Wayne, San
Juan, and Piute;

GB) in the State of Nevada, the counties of White Pine, Nye, Lander, Lincoln, Eureka, and that portion of Clark
County that consists of townships 13 through 16 at ranges 63 through 71; and

"©) jn the State of Arizona, the counties of Coconino, Yavapai, Navajo, Apache, and Gila; and

"(2) ‘specified disease’ means leukemia (other than chronic lymphocytic leukemia), provided that initial exposure
occurred after the age of 20 and the onset of the disease was at Jeast 2 years after first exposure, lung cancer (other
than in situ lung cancer that is discovered during or after a post- mortem exam), and the following diseases, provided
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

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"Gii) If there is no surviving spouse described in clause (@ and if there are no children described in clause (ii), such
payment shall be made in equal shares to the parents ‘of the individual who are living at the time of payment.

‘t(iy) If there is no surviving spouse described in clause (i), and if there are no children described in clause (ii) or
parents described in clause (iii), such payment shall be made in equal shares to all grandchildren of the individual
who are living at the time of payment.

"(v) If there is no surviving spouse described in clause (i), and if there are no children described in clause (ii),
parents described in clause (iii), or grandchildren described in clause (iv), then such payment shall be made in equal
shares to the grandparents of the individual who are living at the time of payment.

"(B) Individuals who are survivors.—Jf an individual eligible for payment under section 4 or 5 dies before filing
a claim under this Act [this note], a survivor of that individual who may receive payment under subparagraph (A)
may file a claim for such payment under this Act [this note].

"(C) Definitions.--For purposes of this paragraph--

"Q) the ‘spouse’ of an individual is a wife or husband of that individual who was married to that individual for at
least one year immediately before the death of that individual;

"@i) a ‘child’ includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child
relationship, and an adopted child; '

"Gii) a ‘parent’ includes fathers and mothers through adoption;
"(iv) a ‘grandchild’ of an individual js a child of a child of that individual; and
“(v) a ‘grandparent’ of an individual is a parent of a parent of thet individual.

"(D) Application of Native American law.—In determining those individuals eligible to receive compensation by
virtue of marriage, relationship, or survivorship, such determination shall take into consideration and give effect to
established law, tradition, and custom of the particular affected Indian tribe.

"(d) Action on claitns.--

"(1) In general.--The Attorney General shall complete the determination on each claim filed in accordance with
the procedures established under subsection (a) not later than twelve months after the claim is so filed. For purposes
of determining when the 12-month period ends, a claim under this Act [this note] shall be deemed filed as of the date
of its receipt by the Attorney General. In the event of the denial of a claim, the claimant shall be permitted a
reasonable period in which to seck administrative review of the denial by the Attomey General. The Attorney
General shall make a final determination with respect fo any administrative review within 90 days after the receipt of
the claimant's request for such review. In the event the Attorney General fails to render a determination within 12
months after the date of the reccipt of such request, the claim shall be deemed awarded as a matter of law and paid.

"(2) Additional information.--The Attomey General may request from any claimant under this Act [this note], or
from any individual or entity on behalf of any such claimant, any reasonable additional information or documentation

necessary to complete the determination on the claim in accordance with the procedures established under subsection

@.
"@) Treatment of period associated with request.--

"(A) In general.—The period described in subparagraph (B) shall not apply to the {2-month limitation under
paragraph (1).

"(B) Period.—The period described in this subparagraph is the period—

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that is recognized as eligible for special programs and services. proyided by the United States to Indian tribes becatlse
of their status as Indians;

"(5) The term ‘written medical documentation’ for purposes of proving a nonmalignant respiratory disease or tung
cancer means, in any case in which the claimant is living- .

*(A)(i) an arterial blood gas study, or

*(ii) a written diagnosis by a physician meeting the requirements of subsection (c)(1); and

"(B)(i) a chest x-ray administered in accordance with standard techniques and the interpretive reports of a
maximum of two National Institute of Occupational Health and Safety certified 'B' readers classifying the existence
of the nonmalignant respiratory disease of category 1/0 or higher according to a 1989 report of the International
Labor Office (known as the ILO’), or subsequent revisions;

“(ii) high resolution computed tomography scans (commonly known as 'HRCT scans’) (including computer
assisted tomography scans (commonly known as ‘ CAT scans’), magnetic resonance imaging scans (commonly
mown as 'MRI scans’), and positron emission tomography scans (commonly known as ‘PET scans')) and interpretive
reports of such scans;

“'(iii) pathology reports of tissue biopsies; or

“(iv) pulmonary function tests indicating restrictive lung function, as defined by the American Thoracic Society;

(6) The term ‘lung cancer'--

4(A) means any physiological condition of the lung, trachea, or bronchus that is recognized as lung cancer by the
National Cancer Institute; and

"(B) includes in situ lung cancers,
"(7) the term ‘uranium mine’ means any underground excavation, including ‘dog holes’, as well as open pit, strip,
rim, surface, or other aboveground mines, where uranium ore or vanadium-uranium ore was mined or otherwise

extracted; and

(8) the term ‘uranium mill’ includes milling operations involving the processing of uranium ore or vanadium-
uranium ore, including both carbonate and acid leach plants.

(©) Written documentation.
“(1) Diagnosis alternative to arterial blood gas stidy.—

(A) In general.-For purposes of this Act [this note], the written diagnosis and the accompanying interpretive
reports described in subsection (b)(5)(A) shall--

"(D he considered to be conclusive; and

"(4i) be subject to a fair and random audit procedure established by the Attomey General.

"(B) Certain written diagnoses.—

"@ In -general.—For purposes of this Act [this note], a written diagnosis made by a physician described under

clause (ii) of a nonmalignant pulmonary disease or lung cancer of a claimant that is accompanied by written
documentation shali be considered to be conclusive evidence of that disease.

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ducts, gall bladder, salivary gland, urinary bladder, brain, colon, ovary, or liver (except if cirrhosis or hepatitis B is
indicated).

"Sec, 5. Claims relating to uranium mining.
"(a) Eligibility of individuals.--
“(1) In general.--An individual shall receive $100,000 for a claim made under this Act [this note] if--

“(A) That individual--

(@) was employed in a uranium mine or uranium mill (including any individual who was employed in the transport
of uranium ore or vanadium- uranium ore from such mine or mil!) located in Colorado, New Mexico, Arizona,
Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, and Texas at any time during the period
beginning on January 1, 1942, and ending on December 31, 1971; and

"Gi)Q) was a miner exposed to 40 or more working level months of radiation and submits written medical

documentation that the individual, after that exposure, developed lung cancer or a nonmalignant respiratory disease;
or

“Q) was a miller or ore transporter who worked for at least ! year during the period described under clause (i) and
submits written medical documentation that the individual, after that exposure, developed lung cancer or a
nonmalignant respiratory disease or renal cancers and other chronic renal disease including nephritis and kidney
tubal tissue injury;

"(B) the claim for that payment is filed with the Attorney General by or on behalf of that individual; and

"(C) the Attorney General determines, in accordance with section 6 (of this note], that the claim meets the
requirements of this Act {this note].

(2) Inclusion of additional States.—Paragraph (1)(A)(i) shall apply to a State, in addition to the States named
under such clause, if--

"(A) an Atomic Energy Commission uranium mine was operated in such State at any time during the period
beginning on January 1, 1942, and ending on December 31, 1971;

'@B) the State submits an application to the Department of Justice to include such State; and

"(C) the Attorney General makes a determination to include such State.

"@) Payment requirement.—Each payment under this section may be made only in accordance with section 6 [of
this note].

"(b) Definitions.-For purposes of this section--

"(1) the term 'working level month of radiation’ means radiation exposure at the level of one working level every
work day for a month, or an equivalent exposure over a greater or lesser amount of time;

(2) the term ‘working level’ means the concentration of the short half-life daughters of radon that will release (1.3
x 10 superS ) million electron volts of alpha energy per liter of air;

"@) the term ‘nonmalignant respiratory disease’ means fibrosis of the lung, pulmonary fibrosis, corpulmonale
related to fibrosis of the lung, silicosis, and pneumoconiosis;

“(4) the term ‘Indian tribe' means any Indian tribe, band, nation, pueblo, or other organized group or community,

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months of radiation under section 5; and ad

“(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). .

The Attomey General may consult with the Surgeon General with respect to making determinations pursuant to the
guidelines issued under subparagraph (A), with the Director of the National Institute for Occupational Safety and
Health with respect to making determinations pursuant ta the guidelines issued under subparagraph (B), and with the
Secretary of Defense and the Secretary of Energy with respect to making determinations pursuant to the guidelines
issued under subparagraph (C).. [sic] :

“(c) Payment of claims.--

(1) In general.--The Attorney General shall pay, from amounts available in the Fund, claims filed under this Act
[this note] which the Attorney General determines meet the requirements of this Act [this note}.

"(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-

"(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 (other than a claim for workers’
compensation), against any person, or

" (ii) any payment made by the Department of Veterans Affairs,
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 (f) and (ii) shall be the actuarial present value of such
. payments.

(3) Right of subrogation.-Upon payment of a claim under this section, the United States Government is
subrogated for the amount of the payment to a right or claim that the individual to whom the payment was made may
have against any person on account of injuries referred to in paragraph (2).

"(4) Payments in the case of deceased persons.—

"(A) In general.—In the case of an individual who is deceased at the time of payment under this section, such
payment may be made only as follows:

(i) If the individual is survived by a spouse who is living at the time of payment, such payment shall be made to
such surviving spouse.

“(ii) If there is no surviving spouse described in clause (i), such payment shall be made in equal shares to all
children of the individual who are living at the time of payment.

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Short Title oo

1957 Acts. This section was enacted by section 4 of Pub.L. 85-256, Sept. 2, 1957, 71 Stat. 576, which Act is
popularly known as the Price-Anderson Act and also as the Atomic Energy Damages Act. For complete
classification of this Act to the Code see Tables. .

Findings Regarding 2000 Amendments

* Pub. 245; § 2, July 10, 2000, 114 Stat. 501, provided that:

"Congress finds that--

(1) the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) recognized the responsibility of the Federal
Government to compensate individuals who were harmed by the mining of radivactive materials or fallout from
nuclear arms testing;

"(2) a congressional oversight hearing conducted by the Committee on Labor and Human Resources of the Senate
demonstrated that since enactment of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note), regulatory
burdens have made it too difficult for some deserving individuals to be fairly and efficiently compensated;

(3) reports of the Atomic Energy Commission and the National Institute for Occupational Safety and Health testify
to the need to extend eligibility to States in which the Federal Government sponsored uranium mining and milling
from 1941 through 1971;

(4) scientific data resulting from the enactment of the Radiation Exposed Veterans Compensation Act of 1988 (38
U.S.C. 101 note) [amending section 1112 of Title 38, enacting provisions set out as a note under section 1112 of
Title 38, and amending provisions set out as a note under section 354 of Title 38], and obtained from the Committee
on the Biological Effects of Ionizing Radiations, and the President's Advisory Committee on Human Radiation
Experiments provide medical validation for the extension of compensable radiogenic pathologies;

(5) above-ground uranium miners, millers and individuals who transported ore should be fairly compensated, in a
manner similar to that provided for underground uranium miners, in cases in which those individuals suffered disease
or resultant death, associated with radiation exposure, due to the failure of the Federal Government to warn and

otherwise help protect citizens from the health hazards addressed by the Radiation Exposure Compensation Act of
1990 (42 U.S.C. 2210 note); and

"(6) it should be the responsibility of the Federal Government in partnership with State and focal governments and

appropriate healthcare organizations, to initiate and support programs designed for the early detection, prevention

| and education on radiogenic diseases in approved States to aid the thousands of individuals adversely affected by the
maining of uranium and the testing of nuclear weapons for the Nation's weapons arsenal."

Affidavits

Pub.L. 106-245, § 3()(2), July 10, 2000, 114 Stat. $07, provided that:

"¢A) In generaL—The Attorney General shall take such action as may be necessary to ensure that the procedures
established by the Attomey General under section 6 of the Radiation Exposure Compensation Act (42 U.S.C. 2210
note) provide that, in addition to any other material that may be used to substantiate employment history for purposes

of determining working level months, an individual filing a claim under those procedures may make such a
substantiation by means of an affidavit described in subparagraph (B).

“(B) Affidavits.--An affidavit referred to under subparagraph (A) is an affidavit--

"@) that meets such requirements as the Attorney General may establish; and

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“ec. 7. Claims not assignable or transferable; choice of remedies.

"\(a) Claims not assignable or transferable.—No claim cognizable under this Act [this note] shall be assignable or
transferable.

'*(b) Choice of remedies.--No individual may receive payment under both sections 4 and 5 of this Act [this note},
and no individual may receive more than one payment under section 4 of this Act.

"Sec. 8. Limitations on claims.

"(a) In general—A claim to which this Act {this note] applies shall be barred unless the claim is filed within 22
years after the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2000 [Pub.L.
106-245, 114 Stat. 501, which was enacted July 10, 2000}.

"(b) Resubmittal of claims.--After the date of the enactment of the Radiation Exposure Compensation Act
Amendments of 2000 [Pub.L. 106-245, 114 Stat. 501, which was enacted July 10, 2000), any claimant who has been
denied compensation under this Act [this note] may resubmit a claim for consideration by the Attorney General in
accordance with this Act [this note] not more than three times. Any resubmittal made before the date of the
enactment of the Radiation Exposure Compensation Act Amendments of 2000 [Pub.L. 106-245, 114 Stat. 501,
which was enacted July 10, 2000] shall not be applied to the limitation under the preceding sentence.

"Sec. 9. Attorney Fees

(a) General rule.--Notwithstanding any contract, the representative of an individnal roay not receive, for services
rendered in connection with the claim of an individual under this Act [this note}, more than that percentage specified
in subsection (b) of a payment made under this Act [this note] on such claim.

"(b) Applicable percentage limitations.—The percentage referred to in subsection (a) is--

(1) 2 percent for the filing of an initial claim; and

"(2) 10 percent with respect to--

"(A) any claim with respect to which a representative has made a contract for services before the date of the
enactment of the Radiation Exposure Compensation Act Amendments of 2000 [Pub.L. 106-245, 114 Stat. 501,
which was enacted July 10, 2000]; or

"QB) a resubmission of a denied claim.

"(c) Penalty.--Any such representative who violates this section shall be fined not more than $5,000.

"Sec. 10. Certain claims not affected by awards of damages.

“A payment made under this Act [this note] shall not be considered as any form of compensation or reimbursement
for a loss for purposes of imposing liability on any individual receiving such payment, on the basis of such receipt, to
repay any insurance carrier for insurance payments, or to repay any person on account of worker's compensation
payments; and a payment under this Act [this note] shall not affect any claim against an insurance carrier with

respect to insurance or against any person with respect to worker's compensation.

"See. 11. Budget Act.

"No authority under this Act [this note] to enter into contracts or to make payments shall be effective in any fiscal
year except to such extent or in such amounts as are provided in advance in appropriations Acts.

"Sec, 12. Report.

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"(i) beginning on the date on which the Attorney General makes a request for additional information or
documentation under paragraph (2), and

"@i) ending on the date on which the claimant or individual or entity acting on behalf of that claimant submits that
information or documentation or informs the Attorney General that it is not possible to provide that information or
that the claimant or individual or entity will not provide that information.

"(4) Payment within 6 weeks.--The Attorney General shall ensure that an approved claim is paid not later than 6
weeks after the date on which such claim is approved.

"(5) Native American considerations.--Any procedures under this subsection shall take into consideration and
incorporate, to the fullest extent feasible, Native American Jaw, tradition, and custom with respect to the submission
and processing of claims by Native Americans.

“(e) Payment in full settlement of claims against the United States.--The acceptance of payment by an individual
under this section shall be in full satisfaction of all claims of or on behalf of that individual against the United States,
or against any person with respect to that person's performance of a contract with the: United States, that arise out of
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, exposure to radiation in a
uranium mine at any time during the period described in section 5(a), or exposure to radiation as a result of onsite
participation in a test involving the atmospheric detonation of a nuclear device.

"(f) Administrative costs not paid from the Fund.--No costs incurred by the Attomey General in carrying out this
section shall be paid from the Fund or set off against, or otherwise deducted from, any payment under this section to
any individual,

"(g) Termination of duties of Attorney General.—The duties of the Attorney General under this section shall
cease when the Fund terminates.

"(h) Certification of treatment of payments under other Jaws.--Amounts paid to an individual under this
section--

"(1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering;
and

(2) shall not be included as income or resources for purposes of determining eligibility to receive benefits
described in section 3803(c\(2)(C) of title 31, United States Code [section 3803(c)(2)(C) of Title 31, Money and
Finance], or the amount of such benefits.

1 "(i Use of existing resources.—The Attorney General should use funds and resources available to the Attorney
General to carry out his or her functions under this Act [this note]. Not later than 180 days-after the date of the
enactment of the Radiation Exposure Compensation Act Amendments of 2000 [Pub.L. 106-245, 114 Stat. 501,

which was enacted July 10, 2000], the Attorney General shall issue revised regulations to carry out this Act {this
note].

"() Regulatory authority.--The Attorney General may issue such regulations as are necessary to carry out this Act
[this note].

"(k) Issuance of regulations, guidelines, and procedures.--Regulations, guidelines, and procedures to cary out
this Act [this note] shall be issued not later than 180 days after the date of the enactment of this Act [Oct. 15, 1990].

"(@) Judicial review.--An individual whose claim for compensation under this Act [this note] is denied may seek
judicial review solely in a district court of the United States. The court shall review the denial on the administrative
record and shall hold unlawful and set aside the denial if it is arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law.

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"Qi) Description of physicians.—A physician referred to under clause ( i) is a physician who--
"(@ is employed by the Indian Health Service or the Department of Veterans Affairs; or
(I) is a board certified physician; and
"(ID has a documented ongoing physician patient relationship with the claimant.
""(2) Chest x-rays.--

(A) In general.--For purposes of this Act {this note], a chest x-ray and the accompanying interpretive reports
described in subsection (b)(S)(B) shall

""() be considered to be conclusive; and

‘(ii) be subject to a fair and random audit procedure established by the Attorney General.

"(B) Certain written diagnoses.—

"@) In general.--For purposes of this Act [this note], a written diagnosis made by a physician described in clause
Gi) of a nonmalignant pulmonary disease or lung cancer of a claimant that is accompanied by written documentation
that meets the definition of that term under subsection (b)(5) shall be considered to be conclusive evidence of that
disease.

"Gi) Description of physicians.--A physician referred to under clause ( i) is a physician who--

") Is employed by--

"(aa) the Indian Health Service; or

*(bb) the Department of Veterans Affairs; and

“(I) has a documented ongoing physician patient relationship with the claimant.

"Sec. 6. Determination and payment of claims.

(a) Establishment of filing procedures.-The Attorney General shall establish procedures whereby individuals
may submit claims for payments under this Act {this note]. In establishing procedures under this subsection, the
Attorney General shall take into account and make allowances for the law, tradition, and customs of Indian tribes (as
that term is defined in section 5(b) [of this note]) and members of Indian tribes, to the maximum extent practicable.

"(b) Determination of claims.—

(1) In general.—The Attomey General shall, in accordance with this subsection, determine whether each claim
filed under this Act [this note] meets the requirements of this Act [this note]. All reasonable doubt with regard to
whether a claim meets the requirements of this Act [this note] shall be resolved in favor of the claimant.

*(2) Consultation.—The Attorney General shall--

"(A) in consultation with the Surgeon General, establish guidelines for determining what constitutes written
medical documentation that an individual contracted leukemia under section 4(a)(1), a specified disease under

section 4(a)(2), or other disease specified in section 5;

"@B) in consultation with the Director of the National Institute for Occupational Safety and Health, establish
guidelines for determining what constitutes documentation that an individual was exposed to the working level

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their families for the hardships they have endured. Pas
"Sec, 3. Trust Fund.

(a) Establishment.—There is established in the Treasury of the United States, a trust fund to be known as the
‘Radiation Exposure Compensation Trust Fund! (hereinafter in this Act [this note] referred to as the 'Fund'), which
shall be administered by the Secretary of the Treasury.

"(b) Investment of amounts in the Fund.—Amounts in the Fund shall be invested in accordance with section 9702
of title 31, United States Code, and any interest on, and proceeds from any such investment shall be credited to and
become a part of the Fund.

"(c) Availability of the Fund.--Amounts in the Fund: shall be available only for disbursement by the Attorney.
General under section 6.

"(d) Termination.--The Fund shall terminate 22 years after the date of the enactment of the Radiation Exposure
Compensation Act Amendments of 2000 [Pub.L. 106-245, 114 Stat. 501, which was enacted July 10, 2000). Ifall of
the amounts in the Fund have not been expended by the end of that 22-year period, investments of amounts in the
Fund shall be liquidated and receipts thereof deposited in the Fund and all funds remaining in the Fund shall be
deposited in the miscellaneous receipts account in the Treasury.

“(e) Authorization of appropriations.~There are authorized to be appropriated to the Fund such sums as may be

necessary to carry out its purposes. Any amounts appropriated pursuant to this section are authorized to remain
available until expended.

"Sec. 4, Claims relating to atmospheric nuclear testing.
"(a) Claims.—
(1) Claims relating to leukemia.—

"(A) In general.—An individual described in this subparagraph shall receive an amount specified in subparagraph

(B) if the conditions described in subparagraph (C) are met. An individual referred to in the preceding sentence is an
individual who--

“()Q@) was physically present in an affected area for a period of at least 1 year during the period beginning on
January 21, 1951, and ending on October 31, 1958;

"(0D was physically present in the affected area for the period beginning on June 30, 1962, and ending on July 31,
1962; or

"(IM participated onsite in a test involving the atmospheric detonation of a nuclear device; and
"@i) Submits written documentation that such individual developed leukemia—

"() after the applicable period of physical presence described in subclause (I) or (Il) of clause (i) or onsite
participation described in clause (i)(IE) (as the case may be); and

"ED more that 2 years after first exposure to fallout.

"“@B) Amounts.—If the conditions described in subparagraph (C) are met, an individual--

(i) who is described in subclause (I) or (I) of subparagraph (A)(i) shall receive $50,000; or
"@i) who is described in subclause (II) of subparagraph (A)(i) shall receive $75,000.

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42 USCA s 2210

Commission shall designate an individual or individuals recommended by

NIOSH OD

x

United States to serve as a convener for such negotiations.

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the Administrative Conference of the

"@) Submission of recommendations of the convener.—The convener shall, not Jater than 7 months after the date

of the enactment of this Act [Aug 20, 1988], submit to the Commission recommendations for a proposed rule

regarding whether the Commission should

enter into indemnity agreements under s'

Act of 1954 (42 U.S.C. 2210) with radiopharmaceutica! licensee:

indemnification. If the convener recommen
proposed rule submitted by the convener shall set
agreements with radiopharmaceutical licensees.

"(4) Publication of recommendations and propt
provided for radiopharmaceutical licensees, the Cot
submitted under paragraph (3) as a notice of proposed rulemaking within

recommendations under such paragrapb.

ds that such indemnity be provided for

s and, if so, the

"(5) Administrative procedures.—To the extent consistent with the provisions of

Amendments note set out under section 21

under subsection (a) in accordance with section 553 0

Radiation Exposure Compensation Act

Pub.L. 101-426, Oct. 5, 1990, 104 Stat. 920,
5, 1990, 104 Stat. 1835, 1837; Pub.L. 102-48

011 of thi

; § 3(a) to (d), (e)(1), (A) to (h), Tuly 10, 2000, 114 Stat. 502 to 508, provided that:

"Section 1. Short Title.

"This Act {this note] may be cited as the 'Radiation Exposure Compensation Act’.

"Sec. 2. Findings, purpose, and apology.
1

"*(a) Findings.--The Congress finds that--

ection 170 of the Atomic Energy

e terms and conditions of such

radiopharmaceutical licensees, the
forth the procedures for the execution of indemnification

osed rule.--If the convener recommends that such indemnity be
mmission shall publish the recommendations of the convener
30 days of the submission of such

this Act [see Short Title of 1988

is title], the Commission shall conduct the proceeding required
f title 5, United States Code [5 U-S.C.A. §553]."

as amended Pub.L. 101-510, Div. C, Title XXX, §§ 3139, 3140, Nov.
6, Title XXX, § 3018, Oct. 24, 1992, 106 Stat. 3131; Pub.L. 106-245,

"Q) fallout emitted during the Government's atmospheric nuclear tests exposed individuals to radiation that is
presumed to have generated an excess of cancers among these individuals;

"(2) the health of the individuals who were exposed to radiation in these tests was put at risk to serve the national

security interests of the United States;

"@) radiation released in underground uranium mines that were providing uranium for the primary use and benefit

of the nuclear weapons program of the United States Go
other airborne hazards in the mine environment that togeth

of lung cancer and respiratory diseases among these miners;

vernment exposed miners to large doses of radiation and
er are presumed to have produced an increased incidence

- (4) the United States should recognize and assume responsibility for the harm done to these individuals; and

"(5) the Congress recognizes that the lives and health of uranium miners and of individuals who were exposed to
radiation were subjected to increased risk of injury and disease to serve the national security interests of the United

States.

"(b) Purpose.--It is the purpose of this Act [this note] to establish a procedure to make partial restitution to the
individuals described in subsection (a) for the burdens they have borne for the Nation as a whole.

"(c) Apology.--The Congress apologizes on behalf of the Nation to the individuals

described in subsection (a) and

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42 USCA s 2210 Page 23
"(ii) is made by a person other than the individual filing the claim that attests to the employment history of the

claimant.”

GAO reports

Pub.L. 106-245, § 3(i), July 10, 2000, 114 Stat. 508, provided that:

(1) In general.-Not later than 18 months after the date of the enactment of this Act [July 10, 2000], and every 18
months thereafter, the General Accounting Office shall submit a report to Congress containing a detailed accounting
of the administration of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) by the Department of
Justice.

(2) Contents.—Each report submitted under this subsection shall include an analysis of—

(A) claims, awards, and administrative costs under the Radiation Exposure Compensation Act (42 U.S.C. 2210
note); and

"(B) the budget of the Department of Justice relating to such Act.”
Abolition of the Joint Committee on Atomic Energy

The Joint Committee on Atomic Energy, referred to in subsecs. (i) and (0)(4), was abolished by section 2258 of this
title and references to the Joint Committee are deemed, on or after Sept. 20, 1977, to refer to the committees of the
Senate or House of Representatives which, under the mules of the Senate or House, have jurisdiction over the subject
matter with records and files of the Joint Committee being transferred to the respective committees of the House or
Senate.

Negotiated Rulemaking on Financial Protection for Radiopharr.aceutical Licensees
Section 19 of Pub.L. 100-408 provided that:
"(a) Rulemaking proceeding.—

"(1) Purpose.~The Nuclear Regulatory Commission (hereafter in this section referred to as the 'Comimission') shall
initiate a proceeding, in accordance with the requirements of this section, to determine whether to enter into
indemnity agreements under section 170 of the Atomic Energy Act of 1954 (42 U.S.C, 2210) with persons licensed
by the Commission under section 81, 104(a), or 104(c) of the Atomic Energy Act of 1954 (42 U.S.C. 2111, 2134(a),
and 2134(c)) or by a State under section 274(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)) for the
manufacture, production, possession, or use of radioisotopes or radiopharmaceuticals for medical purposes (hereafter
in this section referred to as 'radiopharmaceutical licensees’).

"(2) Final determination.--A final determination with respect to whether radiopharmaceutical licensees, or any
class of such licensees, shall be indemnified pursuant to section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210) and if so, the terms and conditions of such indemnification, shall be rendered by the Commission within 18
months of the date of the enactment of this Act [Aug. 20, 1988].

"(b) Negotiated rulemaking.--

"(1) Administrative Conference guidelines.—For the purpose of making the determination required under
subsection (a), the Commission shall, to the extent consistent with the provisions of this Act [see Short Title of 1988
Amendments note set out under section 2011 of this title], conduct a negotiated rulemaking in accordance with the
guidance provided by the Administrative Conference of the United States in Recommendation 82-4, ‘Procedures for
Negotiating Proposed Regulations' (42 Fed.Reg. 30708, July 15, 1982).

"(2) Designation of convener,--Within 30 days of the date of the enactment of this Act [Aug. 20, 1988}, the

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"(a) Report.--The Secretary of Health and Human Services shall submit a report on the incidence of radiation
related moderate or severe silicosis and pneurnaconiosis in uranium miners employed in the uranium mines that are
defined in section 5 and are located off of indian reservations.

"(b) Completion.—Such report shall be completed not later than September 30, 1992.

"Sec. 13. Repeal.

“Section 1631 of the Department of Energy National Security and Military Applications of Nuclear Energy
Authorization Act of 1985 (42 U.S.C. 2212) is repealed.”

Termination of Advisory Commissions

Advisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period
beginning on the date of their establishment, unless, in the case of a commission established by the President or an
officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such
2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided for by
law. See sections 3(2) and 14 of Pub.L, 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in Appendix 2 to Title 5,
Government Organization and Employees.

EXECUTIVE ORDERS
EXECUTIVE ORDER NO. 12658
Ex. Ord, No. 12658, Nov. 18, 1988, 53 F.R. 47517, as amended Ex. Ord. No. 12665, Jan, 12, 1989, 54 F.R 1919,
which established the President's Commission on Catastrophic Nuclear Accidents, was revoked by Ex. Ord. No.
12774, Sept. 27, 1991, 56 F.R. 49835, set out as a note under Appendix 2 to Title 5, Government Organization and
Employees.
EXECUTIVE ORDER NO. 12891
Ex. Ord. No. 12891, Jan. 15, 1994, 59 F.R 2935, relating to the advisory committee on human radiation
experiments, was revoked by Ex. Ord, No. 13062, Sept. 29, 1997, 62 F.R. 51755, set out as a note under section 14
of Appendix 2 to Title 5, Government Organization and Employees.
CROSS REFERENCES

Employer defined for purposes of ‘Nuclear Whistleblower Protection, see 42 USCA § 5851.

Euratom cooperation program, nonliability of United States, see 42 USCA § 2296.

Licenses for domestic distribution of special nuclear material subject to liability provisions of this section, see 42
USCA § 2073.

Licensing of uranium enrichment facility, this section not applicable to facility constructed after November 15, 1990,
see 42 USCA § 2243.

Nuclear incident involving nuclear reactor of United States warship, payment of claims or judgments of bodily
injury, death, or damage resulting from, see 42 USCA § 2211.

Price-Anderson coverage not applicable to this section with respect to license for uranium enrichment facility
constructed after November 15, 1990, see 42 USCA § 2243.

Punishment for violation of provisions notwithstanding agreement of indemnification under this section for purposes

of
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