Radiogenic Cancer Compensation Act of 1983

Summary

Radiogenic Cancer Compensation Act of 1983 - Permits a civil action to be instituted in an appropriate district court against the United States by or on behalf of: (1) any individual who has or has had a radiation related cancer that was diagnosed after January 1, 1952, or any uranium miner who has or has had such cancer that was diagnosed after January 1, 1948; or (2) the estate of any such deceased individual. Requires the Secretary of Health and Human Services at the time the Secretary publishes the radioepidemiological tables, formulas, and methods required to be devised and published pursuant to the Orphan Drug Act, to also publish a list of radiation related cancers. Requires the Administrator of Veterans Affairs to use such tables, formulas, and methods to determine whether cancer which has developed in any veteran is due to radiation exposure while such veteran was on active duty. Permits any person covered by this Act who is also a veteran and who has or has had a radiation related cancer to bring an action under this Act for radiation received while not a member of the armed forces. Permits any such person to have recourse for compensation through the Veterans Administration for radiation received while a member of the armed forces. Sets forth claims and compensation provisions. Makes significantly relevant information, data, and records which have been developed by or are under the control of any Federal agency discoverable by any party to such action. Declares that any individual who has established under this Act and the Orphan Drug Act that he has an individual probability of causation in excess of 50 percent shall receive an award of damages. Limits such award to no more than $500,000. Provides for a limited award of damages for individuals with a probability of causation between 10 percent and 50 percent. Requires an individual to demonstrate his individual dose by a preponderance of the evidence. Provides that this Act shall be the exclusive remedy available to: (1) any individual who alleges to have cancer caused by nuclear fallout from open-air nuclear bomb tests that were conducted in Nevada between January 1, 1951, and July 31, 1962; and (2) any person who alleges to have cancer as a result of working in an uranium mine in Colorado, New Mexico, Arizona, or Utah between January 1, 1947, and December 31, 1961. Sets forth statute of limitations and attorney fee provisions. Declares that an award or claim made in accordance with this Act shall not affect any future or pending insurance claim.

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1 official file

• Introduced in Senate

  summary · EN · 24 March 1983

  Open at official source

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