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To provide for payments to individuals who were the subjects of radiation experiments conducted by the Federal Government. on the Judiciary provide for payments to individuals who were the subjects of radiation experiments conducted by the Federal GovBe it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Radiation Experimentation Compensation Act of 1994”. SEC. 2. FINDINGS, PURPOSE, AND APOLOGY. (1) since the 1940’s, the Federal Government has intentionally conducted secret radiation experiments in the United States without the informed
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consent or knowledge of the individuals on whom the experiments were performed; (2) such radiation experiments included, but were not limited to, experiments involving injections of plutonium, ingestion of irradiated food, exposure to atmospheric radiation, and the prescription of radioactive medication to pregnant women; (3) the Federal Government performed such experiments not in order to achieve medical or health benefits for the individuals used in the tests, but for research purposes, to allow Federal Government scientists and health specialists to study the effects of radiation on the human body; (4) at the time of such experiments and in the years following the experiments, the Federal Government failed to inform the individuals tested, or their families, about the nature and effects of the tests; (5) the Federal Government has harmed the subjects of such radiation experiments; (6) the Congress presumes that the exposure to radiation of the subjects of such experiments has generated an excess of cancers and other debilitating diseases and health problems for such subjects; (7) the Federal Government should recognize that the lives and health of the innocent individuals
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who were the subjects of such experiments were put at risk by the individuals’ unknowing and involun6 garding the experiments. tary participation in radiation experiments; and (8) the Federal Government should assume responsibility for the harm caused by its actions re- (b) PURPOSE.-It is the purpose of this Act to estab8 lish a procedure to make partial restitution to the individ9 uals described in subsection (a) for the burdens they have 10 borne for the Nation as a whole, although monetary com1 1 pensation can never fully compensate them. 12 (e) APoLoGY.-The Congress apologizes on behalf of 13 the Nation to the individuals described in subsection (a) 14 and their families for the hardships they have endured be15 cause of the experiments described in subsection (a). 17 (a) ESTABLISHMENT.-There is established in the 18 Treasury of the United States a trust fund to be known 19 as the “Radiation Experimentation Compensation Trust 20 Fund” (in this Act referred to as the “Fund”), which shall 21 be administered by the Secretary of the Treasury. 22 (b) INVESTMENT OF AMOUNTS IN FUND.-hnounts 23 in the Fund shall be invested in accordance with section 24 9702 of title 31, United States Code, and any interest on,
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and proceeds from, any such investment shall be credited to and become a part of the Fund. shall be available only for disbursement by the Attorney General under section 5. terminate not later than the earlier of- (A) the date on which the amount authorized to be appropriated to the Fund by subsection (e), and any income earned on such amount, have been expended from the Fund; or . (B) 22 years after the date of the enactment of this Act. (2) AMOUNTS REMAINING IN FUND.-& the end of the 22-year period referred to in paragraph (l)(B), if all of the amounts in the Fund have not been expended, investments of amounts in the Fund shall be liquidated, the receipts of such liquidation shall be deposited in the Fund, and all funds remaining in the f i n d shall be deposited in the miscellaneous receipts account in the Treasury. are authorized to be appropriated to the Fund $100,000,000. Any amount appropriated pursuant to this
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subsection is authorized to remain available until exSEC. 4. CLAIMS ELIGIBLE FOR PAYMENT. (a) IN GENERAL.-~Y individual who, without the individual’s informed consent, was intentionally exposed to radiation as a subject in an experiment of the Federal Government at any time during the period beginning on January 1, 1940, and ending on December 31, 1974, shall (1) a claim for such payment is filed with the Attorney General by or on behalf of such individual; (2) the Attorney General determines, in accordance with section 5(b), that the claim meets the requirements of this Act. (1) The term “experiment” means a test or other action that is conducted primarily for research purposes to determine the effect of exposure to radiation on the human body. (2) The term “exposed to radiation’’ means caused to come into contact with any radioactive substance or material by means including, but not limited to, injection, ingestion, inhalation, or pre-
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scription of, or skin exposure to, any radioactive substance or material. (A) the legislative, judicial, or executive branch of the government of the United States, or any agency or instrumentality of such a garding an experiment under which humans were exposed to radiation were funded in any manner, approved, authorized, supervised, or contracted for, by an entity referred to in sub- (C) any person or entity that was funded in any manner, approved, authorized, supervised, or contracted with, wholly or partially, by an entity referred to in subparagraph (A) during a time period in which an entity referred to in subparagraph (A) had knowledge that such person or entity was conducting any experiment under which humans were exposed to radiation. sent by an individual (or the individual’s parent or legal guardian, in the case of an individual who was a minor or was incompetent at the relevant time), to
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the individual’s participation in an experiment, after a full disclosure of the nature and purpose of the ex3 periment and its possible consequences that was suf4 ficient to allow the individual (or the individual’s 5 parent or legal guardian, in the case of an individual who was a minor or was incompetent at the relevant time) to intelligently exercise judgment to decide whether the individual should participate in the exSEC. 5. DETERMINATION AND PAYMENT OF CLAIMS. Attorney General shall establish procedures under which individuals may submit claims for payments under this filed under this Act, the Attorney General shall determine whether the claim meets the requirements of section 4(a). (1) I N GENERAL.-The Attorney General shall pay, from amounts available in the Fund, each claim that the Attorney General determines meets the requirements of this Act. THIS AcT.-A payment under this Act to or on
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behalf of an individual described in section 4(a) shall be offset by the amount of any payment made to or on behalf of the individual pursuant to a final award or settlement on a claim (other than a claim for worker’s compensation) against any person, that is based on the individual’s participation in an experiment that is the basis for the payment under this Act, including any payment under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note). (B) OFFSET OF PAYMENT MADE UNDER RADIATION EXPOSURE COMPENSATION ACT.- For purposes of section 6(c)(2) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note), a payment made under this Act shall be considered to be a final award or settlement on a claim described in subparagraphs (A) and (B) of such section. of a claim under this section, the Federal Government is subrogated, for the amount of the payment, to a right or claim that the individual to whom the payment was made may have against any person on account of participation in an experiment that is the basis for the payment made under this Act.
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vidual who is deceased at the time of payment under this section, such payment may be made only as follows: (i) If the individual is survived by a spouse who is living at the time of payment, such payment shall be made to such (ii) If the individual is not survived by a spouse described in clause (i), such payment shall be made in equal shares to the children of the individual who are living at the time of payment. (iii) If the individual is not survived by a person described in clause (i) or (ii), such payment shall be made in equal shares to the parents of the individual who are living at the time of payment. (iv) If the individual is not survived by a person described in any of clauses (i) through (iii), such payment shall be made in equal shares to the grandchildren of the
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individual who are living at the time of (v) If the individual is not survived by a person described in any of clauses (i) through (iv), such payment shall be made in equal shares to the siblings of the individual who are living at the time of pay- (vi) If the individual is not survived by a person described in any of clauses (i) through (v), then such payment shall be made in equal shares to the grandparents of the individual who are living at the time an individual eligible for payment under this Act dies before filing a claim under this Act, a survivor of the individual who may receive payment under subparagraph (A) may file a claim for such payment on the individual’s behalf. nized natural child, a stepchild who lived
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with an individual in a regular parent-child relationship, and an adopted child. vidual” means a child of a child of the individual” means a parent of a parent of thers and mothers through adoption. ua17’ means a child of the parent or parents of the individual. son who was married to the relevant individual for at least the 12 months immediately preceding the death of the individI 19 (d) ACTIONON CLAIMS.-Within 18 months after the 20 filing of any claim under this Act24 (2) if the claim is determined to meet $he fe25 quirements of section 4(a), the Attorney General (1)the Attorney General shall make the determination required by subsection (b) regarding the
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1 shall make the payment required by subsection 3 (e) SETTLEMENTIN FULLOF CLAIMS AGAINST 4 UNITED STATES.-Papent under this Act, when accept5 ed by an individual, or the individual’s survivors, shall be 6 in full satisfaction of all claims of or on behalf of the indi7 vidual against the United States that arise out of the par8 ticipation in the experiment that is the basis for the pay9 ment made under this Act. 10 (f) ADMINISTRATIVE COSTS NOT DEDUCTEDFROM 11 PAYMENT.-NO costs incurred by the Attorney General in 12 carrying out this Act may be paid from, set off against, 13 or otherwise deducted from any payment made under sub16 Em.-The duties of the Attorney General under this sec17 tion shall cease when the Fund terminates. 18 (h) TREATMENTOF PAYMENTSUNDER OTHER 19 LAWS.-A payment under subsection (c)(l) to an 23 human suffering; and 24 (2) shall not be considered as income or re25 sources for purposes of determining the individual’s (1)shall be treated for purposes of the internal revenue laws of the United States as damages for
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3 amount of such benefits. 4 (i) USE OF EXISTING RESOURCES.-The Attorney 5 General should, to the extent available, use funds and re6 sources available to the Attorney General to carry out the 7 Attorney General’s functions under this Act. 9 era1 may issue regulations necessary to carry out this Act. eligibility to receive benefits described in section 3803(c)(2)(C)of title 31, United States Code, or the 11 DURES.-The initial regulations and procedures to carry 12 out this Act shall be issued not later than 120 days after 13 the date of the enactment of this Act. 14 (1) JUDICIALREVIEW.-^ individual whose claim 15 for compensation under this Act is denied may seek initial 16 judicial review solely in a district court of the United 17 States. The court shall review the denial on the adminis18 trative record and shall hold unlawful and set aside the 19 denial if it is arbitrary, capricious, an abuse of discretion, 20 or otherwise not in accordance with law. Such an individ21 ual may appeal the decision of the district court to the 22 appropriate higher Federal courts. 23 SEC. 6. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE. No claim under this Act shall be assignable or trans-
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1 SEC. 7. LIMITATION ON CLAIMS. 2 An individual, or the individual’s survivors, may not 3 receive payment under section 5(c)(1) unless a claim by 4 or on behalf of the individual is filed under this Act within 5 20 years after the date of the enactment of this Act. 6 SEC. 8. ATTORNEY OR AGENT FEES. 7 The agent, attorney, or other representative of an in8 dividual or of an individual’s survivor may not receive, for 9 services rendered in connection with a claim made under 10 this Act, an amount equal to more than 10 percent of the 11 payment made under this Act on such claim. Any person 12 who violates this section shall be guilty of an infraction 13 and shall be subject to a fine in the amount provided in 14 title 18, United States Code. 15 SEC. 9. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT. 16 A payment made under section 5(c)(l) shall not be 17 considered a form of compensation, or reimbursement for 18 a loss, for purposes of imposing liability on the individual 19 who receives the payment to repay any insurance carrier 20 for insurance payments, or to repay any person on account 21 of worker’s compensation payments. A payment under this 22 Act shall not affect any claim against an insurance carrier 23 with respect to insurance, or against any person with re24 spect to worker’s compensation.
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1 SEC. 10. BUDGET COMPLIANCE. 2 No authority under this Act to enter into contracts 3 or to make payments shall be effective in any fiscal year 4 except to such extent or in such amounts as are provided 5 in advance in appropriations Acts.