Atomic Bomb Fallout Compensation Act of 1982

Summary

Atomic Bomb Fallout Compensation Act of 1982 - Amends Federal law to permit any individual who has or has had cancer related to any of the open air atomic bomb tests conducted at the Nevada test site between January 1, 1951, and July 31, 1962, to institute a civil action against the United States. Directs the Secretary of Health and Human Services to: (1) publish a list of radiation related cancers; (2) publish tables estimating the probability of different doses of radiation causing cancer; and (3) publish the formulas that determined the probability of causation. Directs the Secretary of Energy to publish charts giving the average environmental exposure levels to radioactive fallout resulting from open air atomic bomb tests in Nevada between January 1, 1951, and July 31, 1962. Entitles any party to an action to discovery of the above information, except for specified classified information. Sets forth tables specifying the award of damages based upon the probability of causation. Requires an individual to demonstrate a reasonable likelihood that he or she received the dose claimed to have been received. Makes any action available under this Act the exclusive remedy available for radiation related cancer caused by the Nevada tests. Requires actions to be filed within two years of enactment of this Act or a diagnosis of radiation related cancer, whichever is later. Exempts any award under this Act from taxation. Limits attornery fees. Provides that an award of damages under this Act shall not be considered compensation for purposes of making a person liable for repayment to an insurance company.

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1 official file

• Introduced in House

  summary · EN · 1 April 1982

  Open at official source

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