§2783 Contractor Liability for Injury or Loss of Property Arising Out of Atomic Weapons Testing Programs

Summary

Makes lawsuits for injuries, deaths, or property loss from radiation during U.S. atomic weapons testing be handled like claims against the United States under federal law (for example, 28 U.S.C. 1346(b) and 2672, or chapters 309 or 311 of title 46, as needed). If a contractor’s actions or failures during a testing program cause the harm, those federal remedies are the only way to decide civil liability. Contractor workers are treated as federal employees for these cases, and the case follows the same limits and rules as a suit against the United States. A contractor must quickly send any court papers it gets to the Attorney General. If the Attorney General says the case fits these rules, the suit in state court can be moved to federal court without bond and will be treated as a tort action against the United States under 28 U.S.C. 1346(b), 2401(b), 2402, or sections 2671–2680. This law applied to cases pending on November 5, 1990, or started on or after that date. If a case pending on November 5, 1990, was dismissed because no administrative claim was filed, the plaintiff has 30 days from dismissal or two years from when the claim arose, whichever is later, to file the required administrative claim. “Contractor” here means contractors or cost-reimbursement subcontractors (any tier) involved in DOE atomic testing programs or facilities that researched radiation health effects under DOE or its predecessor agencies.