Page:United States Statutes at Large Volume 104 Part 3.djvu/485

 PUBLIC LAW 101-510—NOV. 5, 1990 104 STAT. 1837 "(i) exposure to radiation, from atmospheric nuclear testing, in the affected area (as defined in section i(b)0-)) at any time during the period described in subsection (a)(l), (a)(2)(A), or (a)(2)(B) of section 4, or "(ii) exposure to radiation in a uranium mine at any time during the period described in section 5(a). "(B) A payment to an individual, or to a survivor of that individual, under this section on a claim under section 4(a)(2)(C) shall be offset by the amount of— "(i) any payment made pursuant to a final award or settlement on a claim, against any person, or "(ii) any payment made by the Federal Government, that is based on injuries incurred by that individual on account of exposure to radiation as a result of onsite participation in a test involving the atmospheric detonation of a nuclear device. The amount of the offset under this subparagraph with respect to payments described in clauses (i) and (ii) shall be the actuarial present value of such payments.". (3) Section 6(c)(4)(C)(i) of that Act is amended by striking "means" and inserting "is". (4) Section 6(e) of that Act is amended— (A) by striking "open air" and inserting "atmospheric"; (B) by striking "any period described in section 4(a), or" and inserting "the period described in subsection (a)(D, (a)(2)(A), or (a)(2)(B) of section 4,"; and (C) by inserting before the period at the end the following: ", or exposure to radiation as a result of onsite participation in a test involving the atmospheric detonation of a nuclear device". (f) CHOICE OF REMEDIES.— Section 7(b) of that Act is amended by inserting before the period at the end the following: ", and no individual may receive more than one payment under section 4 of this Act". (g) REPORT. —Section 12 of that Act is amended— (1) by inserting "REPORT. — " after "(a)"; and (2) by inserting "COMPLETION.— " after "(b)". SEC. 3140. REPEAL The Radiation Exposure Compensation Act (Public Law 101-426) is amended by adding at the end the following: "SEC. 13. REPEAL. "Section 1631 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1985 (42 U.S.C. 2212) is repealed.". SEC. 3141. CONTRACTOR LIABILITY FOR INJURY OR LOSS OF PROPERTY ARISING OUT OF ATOMIC WEAPONS TESTING PROGRAMS (a) SHORT TITLE.—T h is section may be cited as the "Atomic Testing Liability Act". (b) FEDERAL REMEDIES APPLICABLE; EXCLUSIVENESS OF REMEDIES. — (1) REMEDY.— The remedy against the United States provided by sections 1346(b) and 2672 of title 28, United States Code, by the Act of March 9, 1920 (46 U.S.C. App. 741-752), or by the Act of March 3, 1925 (46 U.S.C. App. 781-790), as appropriate, for injury, loss of property, personal injury, or death shall apply to any civil action for injury, loss of property, personal injury, or death due to exposure to radiation based on acts or omissions by 42 USC 2210 note. 42 USC 2210 note. 42 USC 2210 note. Atomic Testing Liability Act. 42 USC 2212.

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