Compensation for victims of Gold King Mine spill

(a) In general Each injured person shall be entitled to receive from the United States compensation for covered damages suffered by the injured person as a result of the Gold King Mine spill. (b) Investigation of claims (1) In general The Administrator shall, on behalf of the United States, investigate, consider, ascertain, adjust, determine, grant, deny, or settle any covered claim for covered damages asserted in the covered claim by an injured person for covered damages suffered as a result of the Gold King Mine spill. (2) Applicability of State law Except as otherwise provided in this Act, the laws of the State of Colorado shall apply to the calculation of covered damages. (3) Extent of damages Any payment under this Act— (A) shall be limited to— (i) actual compensatory damages measured by injuries suffered; and (ii) the amount originally claimed by the injured person in the covered claim; and (B) shall not include— (i) interest before or after settlement or payment of a covered claim; or (ii) punitive damages. (c) Payment of covered claims (1) Determination required Not later than 180 days after the date of enactment of this Act, the Administrator shall determine and fix the amount, if any, to be paid for the covered claim. (2) Parameters of determination In determining and settling a covered claim, the Administrator shall determine only— (A) whether the claimant is an injured person; (B) whether the injury that is the subject of the covered claim resulted from the Gold King Mine spill; (C) the amount, if any, to be allowed and paid under this Act; and (D) the person or persons entitled to receive the amount. (d) Acceptance of award The acceptance by a claimant of any payment under this Act shall— (1) be final and conclusive on the claimant with respect to all covered claims arising out of or relating to the same subject matter; (2) constitute a complete release of all covered claims against the United States (including any agency or employee of the United States) under chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act), or any other Federal or State law, arising out of or relating to the same subject matter; and (3) include a certification by the claimant, made under penalty of perjury and subject to the provisions of section 1001 of title 18, United States Code, that the covered claim is true and correct. (e) Election of remedy (1) In general An injured person may elect to seek compensation from the United States for 1 or more injuries resulting from the Gold King Mine spill by— (A) pursuing compensation under a covered claim; (B) filing a claim or bringing a civil action under chapter 171 of title 28, United States Code; or (C) bringing an authorized civil action under any other provision of law. (2) Effect of election An election by an injured person to seek compensation in any manner described in paragraph (1) shall be final and conclusive on the claimant with respect to all injuries resulting from the Gold King Mine spill that are suffered by the claimant. (3) No effect on entitlements Nothing in this Act affects any right of a claimant to file a claim for benefits under any Federal entitlement program. (f) Judicial review (1) In general Any claimant aggrieved by a final decision of the Administrator under this Act may, not later than 60 days after the date on which the decision is issued, bring a civil action in the United States District Court for the District of Colorado, to modify or set aside the decision, in whole or in part. (2) Record The court shall hear a civil action under paragraph (1) on the record made before the Administrator. (3) Standard The decision of the Administrator incorporating the findings of the Administrator shall be upheld if the decision is supported by substantial evidence on the record considered as a whole. (g) Report Not later than 90 days after the date on which all covered claims have been processed under this Act, the Administrator shall submit to Congress a report that describes— (1) the amounts claimed; (2) a brief description of the nature of the covered claims; and (3) the disposition of the covered claims, including the amount of any payment under this Act.