Page:United States Statutes at Large Volume 91.djvu/1194

 91 STAT. 1160

Medical care and treatment.

G>8t8.

Report to congressional committees.

Additional payment, limitation.

Rongelap, Utirik, and Bikini Atolls, sums for community purposes.

Rules and regulations. Adjudicated claims and final awards. 50 USC app. 2018.

PUBLIC LAW 95-134—OCT. 15, 1977 (3) Where circumstances warrant, as he shall determine, the Secretary shall pay an amount not in excess of $25,000 as he determines to be an appropriate compassionate compensation to each such individual who has suffered any physical injury or h a r m from a radiation-related cause but who is not an individual described in paragraph (1). (4) I n addition to the payments provided in paragraph s (1), (2), and (3) of this subsection, the Secretary snail provide by appropriate means adequate medical care and treatment for any person who has a continuing need for the care and treatment of any radiation injury or illness directly related to the thermonuclear detonation referred to in paragraph (a) of this section. The costs of such medical care and treatment shall be assumed by the Administrator of the Energy Kesearch and Development Administration. (5) Not later than December 31, 1980, the Secretary shall report to the appropriate committees of the United States Congress for their consideration what, if any, additional compassionate compensation may be justified for those individuals continuing to suffer from injuries or illnesses directly related to radiation resulting from the thermonuclear detonation referred to in paragraph (a) of this section. I n the case of the demise of any individual entitled to receive payment under this section who expires before receiving such payment, the Secretary shall pay the amount which that individual would have been entitled to receive under this section to the heirs or legatees of such individual, in accordance with an appropriate method of distribution per stirpes, and not per capita. Where the demise of any individual eligible for payment under paragraph (1) or (3) supra is directly related to the thermonuclear detonation referred to in paragraph (a) of this section, the Secretary may make an additional compassionate payment not to exceed $100,000 to the heirs or legatees of such individual. I n determining the amount of such payment the Secretary shall consider, but is not limited to, the following: any payments which the deceased has received or would have been eligible to receive under this section, and loss of support, services, or contributions to the heirs or legatees. (b) For the use of each of the island communities of Kongelap, Utirik, and Bikini Atolls there is authorized to be appropriated $100,000. Such funds are to be paid by the Secretary, in conjunction with guidelines to be established by the H i g h Commissioner of the Trust Territory of the Pacific Islands, for such community purposes as the municipal councils of such island communities may direct. (c) A payment made under the provisions of this section shall be in full settlement and discharge of all claims against the United States arising out of the thermonuclear detonation on March 1, 1954. (d) The decisions of the Secretary in allowing or denying any claim for payment under this section shall be final and conclusive on all questions of law and fact and not subject to review by any other official of the United States, or by any court by mandamus or otherwise. (e) The Secretary is authorized to make such rules and regulations as he determines necessary to carry out the provisions of this section. SEC. 105. I n addition to amounts heretofore authorized pursuant to the Micronesian Claims Act of 1971 (85 Stat. 96), there are hereby authorized to be appropriated to the Secretary of the Interior such sums as may be necessary to satisfy all adjudicated claims and final awards made by the Micronesian Claims Commission to date under

�