Sec. 6. DETERMINATION AND PAYMENT OF CLAIMS
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## 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. 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)) and members of Indian tribes, to the maximum extent practicable. ###
(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. All reasonable doubt with regard to whether a claim meets the requirements of this Act 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 months of radiation under section 5; and #####
(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 Attorney 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 to 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). ###
(c)Payment of Claims ####
(1)In general The Attorney General shall pay, from amounts available in the Fund (or, in the case of a payment under section 5, from the Energy Employees Occupational Illness Compensation Fund, pursuant to section 3630(d) of the Energy Employees Occupational Illness Compensation Program Act of 2000), claims filed under this Act which the Attorney General determines meet the requirements of this Act. ####
(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
(i)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. ######
(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 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 If an individual eligible for payment under section 4 or 5 dies before filing a claim under this Act, a survivor of that individual who may receive payment 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 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; ######
(ii)a “child” includes a recognized natural child, a stepchild who lived with an individual in a regular 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 that individual; and ######
(v)a “grandparent” of an individual is a parent of a parent of that 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 Claims ####
(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 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 seek administrative review of the denial by the Attorney General. The Attorney General shall make a final determination with respect to 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 receipt of such request, the claim shall be deemed awarded as a matter of law and paid. ####
(2)Additional information The Attorney General may request from any claimant under this Act, 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 (a). ####
(3)Treatment of period associated with request #####
(A)In general The period described in subparagraph
(B)shall not apply to the 12-month limitation under paragraph (1). #####
(B)Period The period described in this subparagraph is the period— ######
(i)beginning on the date on which the Attorney General makes a request for additional information or documentation under paragraph (2); and ######
(ii)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 law, 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 Except as otherwise authorized by law, 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, mill, or while employed in the transport of uranium ore or vanadium-uranium ore from such mine or mill 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 Attorney 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 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(c)(2)(C) 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. Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2000, the Attorney General shall issue revised regulations to carry out this Act. ###
(l)Judicial Review An individual whose claim for compensation under this Act 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.