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SECTION 604
Section 604 would make authorizations for appropriations enacted
under H.R. 3756 effective on October 1, 1979. The administration has
no objection to section 60+.
‘ BECTION 605
:
Section 605 would provide that new borrowing, or paying, authority
provided in H.R. 3756 would be effective only to the extent and in
such amounts as are provided in advance in appropriation Acts. The
Administration has no objectionto section 605.
In addition to the provisions included in H.R. 3756 as passed by
the House of Representatives, the Administration recommendsthe enactment of two other provisions.
The first of these provisions involves additional compensation for a
limited number of nuclear fallout victims.
Section 104 of P.L, 95-134, paragraph a(1), provided for the compensation to the inhabitants of Rongelap Atoll and Utirik Atoll for
removalof the thyroid gland or a neurofibromain the neck or the development of hypothyroidism or a radiation-related malignancythat
may have arisen due to radiation exposure sustained as a result:of a
, thermonuclear detonation at. Bikini Atoll in the Marshall Islands on
March 1, 1954. At the time, P.L. 95-185 (H.R. 6550) was being consid-
ered, all concerned with the problemof the fallout victims believed that
section 104 of H.R. 6550 covered all potential cases for compensation.
Recently, however, several cases which warrant additional compensation have been caled te our attention. These cases involve individuals
who have already received compensation under section 10£{a) (1) of
P.L. 95-134. In the opinion of the Administration, these individuals
should receive additional compensation. However, this Department’s
Solicitor has determined that one of the individuals is not entitled to
receive additional payments undersection 104(a) (3) of P.L. 95-134,
since she received compensation undersection 10-4({a) (1).
Two of these individuals were compensated undersection 104(a) (1)
for one condition andlater developed another condition listed is section 104(a) (1). The third individual of whoin we are aware had her
parathyroid glands removed in error at the U.S. Naval Hospital in
Guam. It was her thyroid gland which should have been removed because of her exposure to radioactive material which fell on Rongelap
in 1954. The parathyroidectomy presents # more serious condition than
a thyroidectomy, with more serious consequences.
In view of the very special circumstances surrounding these cases,
the Administration requests that the Secretary be authorized to grant
additional compassionate compensation. It recommends the following
corrective legislation:
Src. 104(a) (3) of Public Law 95-134 (91 Stat. 1159) is hereby
amended by deleting all after the word “cause” and inserting in
licu thereof the following words, “, even if such an individual has
been compensated under paragraph (1) of this section.”.
While it is possible under this language for a person to receive 2
third payment if he suifers a third paragraph (1) malady, no such
eases have arisen. We hope nonedo arise. But if they do, we believe such
individuals are entitled to additional compensation. Our proposed
amendinent to section 10£(a) (3) would preserve the Sceretary’s right
CF)
S.Rept. 96-467 --- 2