S.982 - Radiation Victims Fair Treatment Act101st Congress (1989-1990)
|Sponsor:||Sen. Reid, Harry [D-NV] (Introduced 05/12/1989)|
|Committees:||Senate - Judiciary|
|Latest Action:||10/16/1990 Placed on Senate Legislative Calendar under General Orders. Calendar No. 986. (All Actions)|
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Summary: S.982 — 101st Congress (1989-1990)All Bill Information (Except Text)
Reported to Senate amended (10/16/1990)
Radiation Victims Fair Treatment Act - Amends the Department of Defense Authorization Act, 1985 to repeal provisions which: (1) substitute the United States as the defendant in all suits against private contractors for radiation injuries arising from atomic weapons testing programs (thus providing for the civil liability of such contractors); and (2) make the Federal Tort Claims Act the sole remedy for those injuries. Details the applicability of statutes of limitations.
Limits the award of attorney fees for actions brought under this Act to ten percent of the award of actual damages, but does not preclude a contract for legal representation for a lesser amount.
Requires the United States to: (1) indemnify, hold harmless, and guarantee payment of any judgments entered for any claimant with respect to actions filed under this Act; (2) indemnify and reimburse any private contractor to the United States who is successful in defending such a claim for all costs, attorney fees, and litigation-related expenses incurred in defending such action; and (3) reimburse such contractors for all reasonable costs associated with the good faith settlement of claims in the event an action is settled prior to litigation or a consent decree is entered pursuant to a settlement agreement.