Atmospheric Nuclear Testing Compensation Act

Summary

Atmospheric Nuclear Testing Compensation Act - Establishes the Commission on Compensation for Atmospheric Nuclear Testing which shall determine whether or not to compensate an individual who alleges that exposure to ionizing radiation: (1) from open-air atomic bomb tests conducted at the Nevada test site from January 1, 1951, to July 31, 1962, caused cancer in the individual or killed or harmed the individual's livestock; or (2) while working in a uranium mine in Colorado, New Mexico, Arizona, or Utah from 1947 through 1961 caused cancer in the miner. Directs the Commission to certify to the Secretary of the Treasury that actual damages be paid to claimants: (1) whose livestock were injured or died; or (2) for whom there is a sizable possibility that they developed cancer due to such exposure. Requires that funds allotted for a fiscal year which are not used to provide such compensation or cover Commission administrative expenses be used to: (1) provide medical screening to residents of areas that received the greatest amount of fallout from the Nevada tests; (2) improve accessibility to health care for such residents; and (3) endow existing programs which provide such services. Establishes the Atmospheric Nuclear Testing Compensation Trust Fund from which amount shall be allocated by the Secretary of the Treasury to the Commission for each fiscal year over the 15-fiscal year life of such Trust Fund. Requires the Secretary to report to the Congress by March 1 of each such year on the operation and status of such Trust Fund. Sets a limit on allotments for Commission administrative expenses. Sets forth rules for assessing claims. Authorizes the Commission to establish a maximum amount of damages which may be paid to any claimant. Permits the proration of damages where the probability of radiogenic causation is less than 50 percent. Bars an individual who files a petition for compensation under this Act from seeking damages in a civil action for the same incident on which such petition was based. Subjects Commission members and employees to fines and/or imprisonment for using information supplied pursuant to this Act for purposes other than those for which it was supplied, or for giving other access to such information, except in authorized reports. Limits attorneys' fees for representing claimants under this Act. Prohibits a damage award made pursuant to this Act from being offset against insurance claims. Authorizes appropriations. Terminates the Commission on October 1 of the year occurring 15 years after this Act's enactment.

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Timeline

1. 14 June 1988

   Introduced

   Referred to House Committee on Energy and Commerce.

   Source: IntroReferral

2. 14 June 1988

   Introduced

   Introduced in House

   Source: IntroReferral

3. 14 June 1988

   Introduced

   Introduced in House

   Source: IntroReferral

4. 20 June 1988

   Referred

   Referred to Subcommittee on Administrative Law and Governmental Relations.

   Source: Committee

5. 24 June 1988

   Referred

   Referred to Subcommittee on Energy and Power.

   Source: Committee

Votes

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Versions

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Documents

1 official file

• Introduced in House

  summary · EN · 14 June 1988

  Open at official source

Sponsors

• Rep. Hansen, James V. [R-UT-1] · R · Sponsor
• Rep. Nielson, Howard C. [R-UT-3] · R · Sponsor
• · hsif00 · Standing
• · hsju00 · Standing

Related records

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