
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2212]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
            SUBCHAPTER XIII--GENERAL AUTHORITY OF COMMISSION
 
Sec. 2212. Contractor liability for injury or loss of property 
        arising out of atomic weapons testing programs
        

(a) Short title

    This 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, 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 a contractor in carrying out an atomic 
    weapons testing program under a contract with the United States.

                           (2) Exclusivity

        The remedies referred to in paragraph (1) shall be exclusive of 
    any other civil action or proceeding for the purpose of determining 
    civil liability arising from any act or omission of the contractor 
    without regard to when the act or omission occurred. The employees 
    of a contractor referred to in paragraph (1) shall be considered to 
    be employees of the Federal Government, as provided in section 2671 
    of title 28, for the purposes of any such civil action or 
    proceeding; and the civil action or proceeding shall proceed in the 
    same manner as any action against the United States filed pursuant 
    to section 1346(b) of such title and shall be subject to the 
    limitations and exceptions applicable to those actions.

(c) Procedure

    A contractor against whom a civil action or proceeding described in 
subsection (b) of this section is brought shall promptly deliver all 
processes served upon that contractor to the Attorney General of the 
United States. Upon certification by the Attorney General that the suit 
against the contractor is within the provisions of subsection (b) of 
this section, a civil action or proceeding commenced in a State court 
shall be removed without bond at any time before trial by the Attorney 
General to the district court of the United States for the district and 
division embracing the place wherein it is pending and the proceedings 
shall be deemed a tort action brought against the United States under 
the provisions of section 1346(b), 2401(b), or 2402, or sections 2671 
through 2680 of title 28. For purposes of removal, the certification by 
the Attorney General under this subsection establishes contractor status 
conclusively.

(d) Actions covered

    The provisions of this section shall apply to any action, within the 
provisions of subsection (b) of this section, which is pending on 
November 5, 1990, or commenced on or after November 5, 1990. 
Notwithstanding section 2401(b) of title 28, if a civil action or 
proceeding to which this section applies is pending on November 5, 1990, 
and is dismissed because the plaintiff in such action or proceeding did 
not file an administrative claim as required by section 2672 of that 
title, the plaintiff in that action or proceeding shall have 30 days 
from the date of the dismissal or two years from the date upon which the 
claim accrued, whichever is later, to file an administrative claim, and 
any claim or subsequent civil action or proceeding shall thereafter be 
subject to the provisions of section 2401(b) of title 28.

(e) ``Contractor'' defined

    For purposes of this section, the term ``contractor'' includes a 
contractor or cost reimbursement subcontractor of any tier participating 
in the conduct of the United States atomic weapons testing program for 
the Department of Energy (or its predecessor agencies, including the 
Manhattan Engineer District, the Atomic Energy Commission, and the 
Energy Research and Development Administration). Such term also includes 
facilities which conduct or have conducted research concerning health 
effects of ionizing radiation in connection with the testing under 
contract with the Department of Energy (or any of its predecessor 
agencies).

(Pub. L. 101-510, div. C, title XXXI, Sec. 3141, Nov. 5, 1990, 104 Stat. 
1837.)

                       References in Text

    Act of March 9, 1920, referred to in subsec. (b)(1), is act Mar. 9, 
1920, ch. 95, 41 Stat. 525, as amended, popularly known as the Suits in 
Admiralty Act, which is classified generally to chapter 20 (Sec. 741 et 
seq.) of Title 46, Appendix, Shipping. For complete classification of 
this Act to the Code, see Short Title note set out under section 741 of 
Title 46, Appendix, and Tables.
    Act of March 3, 1925, referred to in subsec. (b)(1), is act Mar. 3, 
1925, ch. 428, 43 Stat. 1112, as amended, popularly known as the Public 
Vessels Act, which is classified generally to chapter 22 (Sec. 781 et 
seq.) of Title 46, Appendix. For complete classification of this Act to 
the Code, see Short Title note set out under section 781 of Title 46, 
Appendix, and Tables.

                          Codification

    Section was enacted as part of the National Defense Authorization 
Act for Fiscal Year 1991, and not as part of the Atomic Energy Act of 
1954 which comprises this chapter.


                            Prior Provisions

    A prior section 2212, Pub. L. 98-525, title XVI, Sec. 1631, Oct. 19, 
1984, 94 Stat. 2646, contained provisions similar to this section, prior 
to repeal by Pub. L. 101-426, Sec. 13, as added Pub. L. 101-510, div. C, 
title XXXI, Sec. 3140, Nov. 5, 1990, 104 Stat. 1837.
