§2207 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Commission can pay claims up to $5,000 for injury, death, or loss/damage to real or personal property caused by a detonation, explosion, or radiation from a Commission program that used explosives. Claims must be made in writing within one year. The claimant or their agents or employees must not have caused the harm by negligence or wrongdoing. Any settlement the Commission makes is final and binding. If a claim is over $5,000 but would otherwise qualify, the Commission may send the facts to Congress for review.

Title 42, §2207

The Public Health and Welfare — Source: USLM XML via OLRC

The Commission, acting on behalf of the United States, is authorized to consider, ascertain, adjust, determine, settle, and pay, any claim for money damage of $5,000 or less against the United States for bodily injury, death, or damage to or loss of real or personal property resulting from any detonation, explosion, or radiation produced in the conduct of any program undertaken by the Commission involving the detonation of an explosive device, where such claim is presented to the Commission in writing within one year after the accident or incident out of which the claim arises: Provided, however, That the damage to or loss of property, or bodily injury or death, shall not have been caused in whole or in part by any negligence or wrongful act on the part of the claimant, his agents, or employees. Any such settlement under the authority of this section shall be final and conclusive for all purposes, notwithstanding any other provision of law to the contrary. If the Commission considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by this section, the Commission may report the facts and circumstances thereof to the Congress for its consideration.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1961—Pub. L. 87–206 substituted “any program undertaken by the Commission involving the detonation of an explosive device” for “the Commission’s program for testing atomic weapons” and authorized the Commission to report meritorious claims in excess of $5,000 to the Congress.

§2207 Claim settlements; reports to Congress

Summary

Title 42, §2207

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata