Sec. 4. CLAIMS RELATING TO ATMOSPHERIC NUCLEAR TESTING
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## 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 the 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— ######
(i)######
(I)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 November 6, 1962; ######
(II)was physically present in an affected area for the period beginning on June 30, 1962, and ending on July 31, 1962; ######
(III)was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962; or ######
(IV)participated onsite in a test involving the atmospheric detonation of a nuclear device; and ######
(ii)submits written documentation that such individual developed leukemia— ######
(I)after the applicable period of physical presence described in subclause (I), (II), or
(III)of clause
(i)or onsite participation described in clause (i)(IV) (as the case may be); and ######
(II)more that 2 years after first exposure to fallout. #####
(B)Amount If the conditions described in subparagraph
(C)are met, an individual who is described in subparagraph
(A)shall receive $100,000. #####
(C)Conditions The conditions described in this subparagraph are as follows: ######
(i)The claim for a payment under subparagraph
(B)is filed with the Attorney General by or on behalf of the individual. ######
(ii)The Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act. ###### (iv)1 No payment under this paragraph previously has been made to the individual, on behalf of the individual, or to a survivor of the individual. 1So in law. Probably should be clause (iii). See amendments made by section 100202(b)(3) and
(c)of Public Law 119–21. ####
(2)Claims Relating to Specified Diseases Any individual who— #####
(A)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 November 6, 1962; #####
(B)was physically present in an affected area for the period beginning on June 30, 1962, and ending on July 31, 1962; #####
(C)was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962; or #####
(D)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 $100,000 if— ######
(i)the claim for such payment is filed with the Attorney General by or on behalf of such individual; ######
(ii)the Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act; and ###### (iii)2 no payment under this paragraph previously has been made to the individual, on behalf of the individual, or to a survivor of the individual. 2Margin of clause
(iii)is so in law. ####
(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)). ###
(b)Definitions For purposes of this section, the term— ####
(1)“**affected area**” means— #####
(A)except as provided under subparagraph (B)— ######
(i)the States of New Mexico, Utah, and Idaho; ######
(ii)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 ######
(iii)in the State of Arizona, the counties of Coconino, Yavapai, Navajo, Apache, and Gila, and Mohave; and #####
(B)with respect to a claim by an individual under subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only New Mexico; 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 least 2 years after 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 primary cancer of the: thyroid, male or female breast, esophagus, stomach, pharynx, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary bladder, brain, colon, ovary, liver (except if cirrhosis or hepatitis B is indicated), or lung.
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- Pub. L. 99-239
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