Radiation Exposure Compensation Act
PL 101-426 (H.R.2372), enacted 10/15/1990

104 STAT. 920 
PUBLIC LAW 101-426—OCT. 15, 1990 
Public Law 101-426 
101st Congress 
Oct. 15,1990 
[H.R. 2372] 
Radiation 
Exposure 
Compensation 
Act. 
State listing. 
42 u s e 2210 
note. 
42 u s e 2210 
note. 
42 u s e 2210 
note. 
An Act 
To provide jurisdiction and procedures for claims for compassionate payments for 
iAJuries due to exposure to radiation from nuclear testing. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Radiation Exposure Compensation 
Act". 
SEC. 2. FINDINGS, PURPOSE, AND APOLOGY. 
(a) FINDINGS.—The Congress finds that— 
(1) fallout emitted during the Government's above-ground 
nuclear tests in Nevada exposed individuals who lived in the 
downwind affected area in Nevada, Utah, and Arizona to radi-
ation that is presumed to have generated an excess of cancers 
among these individuals; 
(2) the health of the individuals who were imwitting partici-
pants in these tests was put at risk to serve the national 
security interests of the United States; 
(3) 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 Grovemment 
exposed miners to large doses of radiation and other airborne 
hazards in the mine environment that t(^ether are presumed to 
have produced an increased incidence of lung cancer and res-
piratory diseases among these miners; 
(4) the United States should recognize and assume responsibil-
ity for the harm done to these individuals; and 
(5) the Congress recognizes that the lives and health of ura-
nium miners and of innocent individuals who lived downwind 
from the Nevada tests were involuntarily 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 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 apolc^izes on behalf of the Nation to 
the individuals described in subsection (a) and their families for the 
hardships they have endured. 
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 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 
49-139 O - 90 (426) 
PUBLIC LAW 101-426—OCT. 15, 1990 
104 STAT. 921 
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 (Jeneral under 
section 6. 
(d) TERMINATION.—The Fund shall terminate not later than the 
earlier of the date on which an amount has been expended from the 
Fund which is equal to the amount authorized to be appropriated to 
the Fund by subsection (e), and any income earned on such amount, 
or 22 years after the date of the enactment of this Act. If all 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 $100,000,000. Any amounts appro-
priated pursuant to this section are authorized to remain available 
until expended. 
SEC. 4. CLAIMS RELATING TO OPEN AIR NUCLEAR TESTING. 
42 USC 2210 
(aXD CLAIMS RELATING TO CHILDHOOD LEUKEMIA.—Any individual 
who w£is 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 documentetion that 
he or she, after such period of physical presence and between 2 and 
30 years of first exposure to the fallout, contracted leukemia (other 
than chronic Ijmaphocjrtic leukemia), shall receive $50,000 if— 
(A) initial exposure occurred prior to age 21, 
(B) the claim for such payment is fUed 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 
was physically present in the affected area for a period of at least 2 
years during the period b^inning 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 documentetion that he or 
she, after such period of physical presence, contracted a specified 
disease, shall receive $50,000 if— 
(A) the claim for such pajonent is filed with the Attorney 
General by or on behalf of such individual, and 
(B) the Attorney Greneral determines, in accordance with 
section 6, that the claim meets the requirements of this Act. 
Pa}rments under this section may be made only in accordance with 
section 6. 
(b) DEFINITIONS.—For purposes of this section, the term— 
(1) "aflfected area means— 
(A) in the Stete of Utah, the counties of Wsishington, 
Iron, Kane, Garfield, Sevier, Beaver, Millard, and Kute; 
(B) in the Stete of Nevada, the counties of White Pine, 
Nye, Lander, Lincoln, Eureka, and that portion of Clark 
Coimty that consists of townships 13 through 16 at ranges 
63 through 71; and 
104 STAT. 922 
PUBLIC LAW 101-426—OCT. 15, 1990 
(C) that part of Arizona that is north of the Grand 
Canyon and west of the Colorado River; and 
(2) "specified disease" means leukemia (other than chronic 
Ijmiphocytic leukemia), provided that initial exposure occurred 
after the age of 20 and the onset of the disease was between 2 
and 30 years of first exposure, and the following diseases, 
provided onset was at least 5 years after first exposure: multiple 
myeloma, lymphomas (other than Hodgkin's disease), and pri-
mary cancer of: the thyroid (provided initial exposure occurred 
by the age of 20), female breast (provided initial exposure 
occurred prior to age 40), esophagus (provided low alcohol 
consumption and not a heavy smoker), stomach (provided initial 
exposure occurred before age 30), pharynx (provided not a heavy 
smoker), small intestine, pancreas (provided not a heavy smoker 
and low coffee consiunption), bile ducts, gall bladder, or liver 
(except if cirrhosis or hepatitis B is indicate!). 
State listing. 
SEC. 5. CLAIMS RELATING TO URANIUM MINING. 
note^^^^^ 
(a) EuGiBiLiTY O
F INDIVIDUALS,—Any individual who was em-
ployed in a uraniiun mine located in Colorado, New Mexico, Ari-
zona, Wyoming, or Utah at any time during the period beginning on 
January 1, 1947, and ending on December 31, 1971, and who, in the 
course of such employment— 
(IXA) if a nonsmoker, was exposed to 200 or more working 
level months of radiation and submits written medical docu-
mentation that he or she, after such exposure, developed lung 
cancer, or 
(B) if a smoker, was exposed to 300 or more working level 
months of radiation and cancer incidence occurred before age 45 
or was exposed to 500 or more working level months of radi-
ation, regardless of age of cancer incidence, and submits written 
medical documentation that he or she, after such exposure, 
developed lung cancer; or 
(2XA) if a nonsmoker, was exposed to 200 or more working 
level months of radiation and submits written medical docu-
mentation that he or she, after such exposure, developed a 
nonmalignant respiratory disease, or 
(B) if a smoker, was exposed to 300 or more working level 
months of radiation and the nonmalignant respiratory disease 
developed before age 45 or was exposed to 500 or more working 
level months of radiation, r^ardless of age of disease incidence, 
and submits written medical documentation that he or she, 
after such exposure, developed a nonmalignant respiratory 
disease, 
shall receive $100,000, i
f
— 
(1) the claim for such payment is filed with the Attorney 
Grenersd by or on behalf of such individual, and 
(2) the Attorney General determines, in accordance with sec-
tion 6, that the claim meets the requirements of this Act. 
Payments under this section may be made only in accordance with 
section 6. 
(b) DEFINITIONS.—For purposes of this section— 
(1) the term "working level month of radiation" means radi-
ation 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; 
PUBLIC LAW 101-426—OCT. 15, 1990 
104 STAT. 923 
(2) the term "working level" means the concentration of the 
short half-life daughters of radon that will release (1.3x10^ 
million electron volts of alpha energy per liter of air; 
(3) the term "nonmalignant respiratory disease" means fibro-
sis of the lung, pulmonary fibrosis, and corpulmonale related to 
fibrosis of the lung; and iH the claimant, whether Indian or non-
Indian, worked in an uranium mine located on or within an 
Indian Reservation, the term shall also include moderate or 
severe silicosis or pneumoconiosis; and 
(4) the term "Indian tribe" means any Indian tribe, band, 
nation, pueblo, or other organized group or community, that is 
recogniz(Bd as eligible for special programs and services provided 
by the United States to Indian trib^ because of their status as 
Indians. 
SEC. 6. DETERMINATION AND PAYMENT OF CLAIMS. 
42 USC 2210 
(a) EsTABUSHMENT OF FiuNG PROCEDURES.—The Attorney Gen-
eral shall establish procedures whereby individuals may submit 
claims for pa3mients under this Act. 
O
b
) DETERMINATION OF CLAIMS.— 
(1) IN GENERAL.—The Attorney General shall, in accordance 
with this subsection, determine whether each claim filed under 
this Act meets the requirements of this Act. 
(2) CONSULTATION.—The Attorney General shall— 
' 
(A) in consultation with the Surgeon General, establish 
guidelines for determining what constitutes written medi-
cal documentation that an individual contracted a specified 
disease under section 4 or other disease specified in section 
5; and 
(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 months 
of radiation under section 5. 
The Attorney General may consult with the Surgeon Greneral 
with respect to making determinations pursuant to the guide-
lines issued under subparagraph (A), and with the Director of 
the National Institute for Occupational Safety and Health with 
respect to making determinations pursuant to the guidelines 
issued under subparagraph (B). 
(c) PAYMENT OF CLAIMS.— 
(1) IN GENERAL.—The Attorney General shall pay, from 
' 
amounts available in the Fund, claims filed under this Act 
• 
which the Attorney Greneral determines meet the requirements 
of this Act. 
(2) OFFSET FOR CERTAIN PAYMENTS.—A payment to an individ-
ual, or to a survivor of that individual, under this section on a 
claim under section 4 or 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— 
(A) exposure to radiation, from open air nuclear testing, 
in the affected area (as defined in section 4(bXl)) at any 
time during any period specified in section 4(a), or 
(B) exposure to radiation in a uranium mine at any time 
Uranium. 
during the period described in section 5(a). 
hf aith^**^ ^^^ 
104 STAT. 924 
PUBLIC LAW 101-426—OCT. 15, 1990 
(3) RIGHT OF SUBROGATION.—Upon pajmient of a claim under 
this section, the United States Government is subrogated for the 
amount of the pajonent 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 pasrment 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. 
(iii) If there is no surviving spouse described in clause 
(i) 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. 
(iv) 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 pa3anent shall 
be made in equal shares to all grandchildren of the 
individual who are living at the time of pajrment. 
(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 de-
scribed in clause (iv), then such pajnnent shall be made 
in equal shares to the grandparents of the individual 
who are living at the time of pajmient. 
(B) INDIVIDUAUS WHO ARE SURVIVORS.—If an individual 
eligible for payment under section 4 or 5 dies before filing a 
clcum under this Act, a survivor of that individual who may 
receive pajrment under subparagraph (A) may file a claim 
for such payment under this Act. 
(C) DEFINITIONS.—For purposes of this paragraph— 
(i) the "spouse" of an individued means 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; 
(ii) a "child" includes a recognized natural child, a 
stepchild who lived with an individual in a r^ular 
parent-child relationship, and an adopted child; 
(iii) a "parent" includes fathers and mothers through 
adoption; 
(iv) a "grandchild" of an individual is a child of a 
child of tmtt individual; and 
(v) a "grandparent" of an individual is a parent of a 
parent of that individual. 
(d) ACTION ON CLAIMS.—The Attorney General shall complete the 
determination on each claim fUed in accordance with the procedures 
established under subsection (a) not later than twelve months after 
the claim is so filed. 
(e) PAYMENT IN FULL SETTLEMENT OF CLAIBAS AGAINST THE UNITED 
STATES.—The acceptance of payment by an individual under this 
PUBLIC LAW 101-426—OCT. 15, 1990 
104 STAT. 925 
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 open air 
nuclear testing, in the affected area (as defined in section 4(bXl)) at 
any time during any period described in section 4(a), or exposure to 
radiation in a uranium mine at any time during the period 
described in section 5(a). 
(f) ADMINISTRATIVE COSTS NOT PAID FROM THE FUND.—No costs 
incurred by the Attorney (Jeneral in canying out this section shall 
be paid from the Fund or set off against, or otherwise deducted from, 
any pajnnent 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 
LAWS.—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(cX2XC) of title 31, United States Code, or the amount of 
such benefits. 
(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. 
(j) REGULATORY AUTHORITY.—The Attorney General may issue 
such regulations as are necessary to carry out this Act. 
(k) ISSUANCE OF REGULATIONS, GUIDELINES, AND PROCEDURES.— 
Regulations, guidelines, and procedures to carry out this Act shall 
be issued not later than 180 days after the date of the enactment of 
this Act. 
SEC. 7. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE; CHOICE OF REM- 
42 USC 2210 
EDIES. 
note. 
(a) CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.—No claim cog-
nizable under this Act shall be assignable or transferable. 
(b) CHOICE OF REMEDIES.—No individual may receive pa)maent 
under both sections 4 and 5 of this Act. 
SEC. 8. LIMITATIONS ON CLAIMS. 
42 USC 2210 
A claim to which this Act applies shall be barred unless the claim 
"° 
is filed within 20 years after the date of the enactment of this Act. 
SEC. 9. ATTORNEY FEES. 
42 USC 2210 
Notwithstanding any contract, the representative of an individual 
^° ' 
may not receive, for services rendered in connection with the claim 
of an individual under this Act, more than 10 per centum of a 
payment made under this Act on such claim. Any such representa-
tive who violates this section shall be fined not more than $5,000. 
SEC. 10. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES. 42 USC 2210 
A pavment made under this Act shall not be considered as £my 
form 01 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 compensa-
104 STAT. 926 
PUBLIC LAW 101-426—OCT. 15, 1990 
tion pajrments; and a payment under this Act shall not affect any 
claim against an insurance carrier with respect to insurance or 
against any person with respect to worker's compensation. 
42 use 2210 
SEC. 11. BUDGET ACT. 
No authority under this Act 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. 
42 use 2210 
SEC. 12. REPORT. 
"° • 
(a) The Secretary of Health and Human Services shall submit a 
report on the incidence of radiation related moderate or severe 
silicosis and pneumoconiosis in uranium miners employed in the 
uranium mines that are defined in section 5 and are located off of 
Indian reservations. 
(b) Such report shall be completed not later than September 30, 
1992. 
Approved October 15, 1990. 
LEGISLATIVE HISTORY—H.R. 2372: 
HOUSE REPORTS: No. 101-463 (eomm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
June 5, considered and passed House. 
Aug. 1, considered and passed Senate, amended. 
Sept. 27, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Oct. 15, Presidential statement.