National Atmospheric Nuclear Testing Compensation Act of 1989
This bill died when its Congress ended.
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National Atmospheric Nuclear Testing Compensation Act of 1989 - Amends the Public Health Service Act to establish the National Atmospheric Nuclear Testing Compensation Program to pay for injuries or death from radiation from nuclear testing and uranium mining. Declares it to be the ethical obligation of any attorney consulted by an individual with respect to such injury or death to advise the individual of the program. Sets forth requirements and procedures regarding petitions for compensation by: (1) persons residing in parts of Utah, Nevada, and Arizona during 1951 to 1958 or 1962; and (2) uranium mine employees in Colorado, New Mexico, Arizona, and Utah from 1947 to 1971. Requires that an action under this Act be considered to be in full settlement and discharge of all claims against the Federal Government by the parties to the claim. Vests jurisdiction in U.S. Claims Court special masters. Establishes in such court an office of special masters, requiring the masters appointed under these provisions to be the same individuals who serve as such under the National Vaccine Injury Compensation Program. Sets forth criteria for awarding compensation, including that the petitioner must have lived or worked in Arizona, Colorado, Nevada, New Mexico, or Utah. Sets compensation at $50,000 for claims relating to nuclear testing and at $100,000 for claims relating to uranium mining. Excludes compensation from provisions of the Internal Revenue Code or any other provision of law. Declares that receipt of an award does not impose any liability on the recipient to repay any insurance carrier or affect any claim against an insurance carrier. Establishes the Atmospheric Nuclear Testing Compensation Trust Fund to consist of a specified sum appropriated to the Fund and any amount credited to the Fund under any other provision of law. Terminates the Fund when it has been fully expended or 20 years after enactment of this Act, whichever is earlier. Authorizes appropriations. Requires claims to be filed within two years of enactment of this Act or within two years after the specified disease resulting from radiation is discovered.
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