article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Radiation Experimentation Compensation Act of 1994''. SEC. 2. FINDINGS, PURPOSE, AND APOLOGY. (a) Findings.--The Congress finds that-- (1) since the 1940's, the Federal Government has intentionally conducted secret radiation experiments in the United States without the informed 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 who were the subjects of such experiments were put at risk by the individuals' unknowing and involuntary participation in radiation experiments; and (8) the Federal Government should assume responsibility for the harm caused by its actions regarding the experiments. (b) Purpose.--It is the purpose of this Act to establish a procedure to make partial restitution to the individuals described in subsection (a) for the burdens they have borne for the Nation as a whole, although monetary compensation can never fully compensate them. (c) Apology.--The Congress apologizes on behalf of the Nation to the individuals described in subsection (a) and their families for the hardships they have endured because of the experiments described in subsection (a). SEC. 3. TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the ``Radiation Experimentation Compensation Trust Fund'' (in this Act referred to as the ``Fund''), which shall be administered by the Secretary of the Treasury. (b) Investment of Amounts in Fund.--Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds from, any such investment shall be credited to and become a part of the Fund. (c) Availability of Fund.--Amounts in the Fund shall be available only for disbursement by the Attorney General under section 5. (d) Termination.-- (1) Time of termination.--The Fund shall 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.--At the end of the 22-year period referred to in paragraph (1)(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 Fund shall be deposited in the miscellaneous receipts account in the Treasury. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Fund $100,000,000. Any amount appropriated pursuant to this subsection is authorized to remain available until expended. SEC. 4. CLAIMS ELIGIBLE FOR PAYMENT. (a) In General.--Any 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 receive $50,000 if-- (1) a claim for such payment is filed with the Attorney General by or on behalf of such individual; and (2) the Attorney General determines, in accordance with section 5(b), that the claim meets the requirements of this Act. (b) Definitions.--For purposes of this section: (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 prescription of, or skin exposure to, any radioactive substance or material. (3) The term ``Federal Government'' means-- (A) the legislative, judicial, or executive branch of the government of the United States, or any agency or instrumentality of such a branch; (B) any person or entity whose actions regarding 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 subparagraph (A); or (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. (4) The term ``informed consent'' means consent 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 the individual's participation in an experiment, after a full disclosure of the nature and purpose of the experiment and its possible consequences that was sufficient to allow the 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 intelligently exercise judgment to decide whether the individual should participate in the experiment. SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS. (a) Establishment of Filing Procedures.--The Attorney General shall establish procedures under which individuals may submit claims for payments under this Act. (b) Determination of Claims.--For each claim filed under this Act, the Attorney General shall determine whether the claim meets the requirements of section 4(a). (c) Payment of Claims.-- (1) In 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. (2) Offset of payment.-- (A) Offset of payment made under this Act.--A payment under this Act to or on 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. (3) Right of subrogation.--Upon payment 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. (4) Payments in case of deceased persons.-- (A) In general.--In the case of an individual 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 surviving spouse. (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 individual who are living at the time of payment. (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 payment. (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 of payment. (B) Filing of claim by survivor.--If 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. (C) Definitions.--For purposes of this paragraph: (i) The term ``child'' includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child. (ii) The term ``grandchild of the individual'' means a child of a child of the individual. (iii) The term ``grandparent of the individual'' means a parent of a parent of the individual. (iv) The term ``parent'' includes fathers and mothers through adoption. (v) The term ``sibling of the individual'' means a child of the parent or parents of the individual. (vi) The term ``spouse'' means a person who was married to the relevant individual for at least the 12 months immediately preceding the death of the individual. (d) Action on Claims.--Within 18 months after the filing of any claim under this Act-- (1) the Attorney General shall make the determination required by subsection (b) regarding the claim; and (2) if the claim is determined to meet the requirements of section 4(a), the Attorney General shall make the payment required by subsection (c)(1). (e) Settlement in Full of Claims Against United States.--Payment under this Act, when accepted by an individual, or the individual's survivors, shall be in full satisfaction of all claims of or on behalf of the individual against the United States that arise out of the participation in the experiment that is the basis for the payment made under this Act. (f) Administrative Costs Not Deducted From Payment.--No costs incurred by the Attorney General in carrying out this Act may be paid from, set off against, or otherwise deducted from any payment made under subsection (c)(1). (g) Termination of Duties of Attorney General.--The duties of the Attorney General under this section shall cease when the Fund terminates. (h) Treatment of Payments Under Other Laws.--A payment under subsection (c)(1) to an individual-- (1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and (2) shall not be considered as income or resources for purposes of determining the individual's eligibility to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits. (i) Use of Existing Resources.--The Attorney General should, to the extent available, use funds and resources available to the Attorney General to carry out the Attorney General's functions under this Act. (j) Regulatory Authority.--The Attorney General may issue regulations necessary to carry out this Act. (k) Issuance of Regulations and Procedures.--The initial regulations and procedures to carry out this Act shall be issued not later than 120 days after the date of the enactment of this Act. (l) Judicial Review.--An individual whose claim for compensation under this Act is denied may seek initial judicial review solely in a district court of the United States. The court shall review the denial on the administrative record and shall hold unlawful and set aside the denial if it is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Such an individual may appeal the decision of the district court to the appropriate higher Federal courts. SEC. 6. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE. No claim under this Act shall be assignable or transferable. SEC. 7. LIMITATION ON CLAIMS. An individual, or the individual's survivors, may not receive payment under section 5(c)(1) unless a claim by or on behalf of the individual is filed under this Act within 20 years after the date of the enactment of this Act. SEC. 8. ATTORNEY OR AGENT FEES. The agent, attorney, or other representative of an individual or of an individual's survivor may not receive, for services rendered in connection with a claim made under this Act, an amount equal to more than 10 percent of the payment made under this Act on such claim. Any person who violates this section shall be guilty of an infraction and shall be subject to a fine in the amount provided in title 18, United States Code. SEC. 9. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT. A payment made under section 5(c)(1) shall not be considered a form of compensation, or reimbursement for a loss, for purposes of imposing liability on the individual who receives the payment to repay any insurance carrier for insurance payments, or to repay any person on account of worker's compensation payments. A payment under this Act shall not affect any claim against an insurance carrier with respect to insurance, or against any person with respect to worker's compensation. SEC. 10. BUDGET COMPLIANCE. No authority under this Act to enter into contracts or to make payments shall be effective in any fiscal year except to such extent or in such amounts as are provided in advance in appropriations Acts.
summary: Radiation Experimentation Compensation Act of 1994 - Apologizes on behalf of the Nation to the individuals who were the subjects of radiation experiments conducted by the Federal Government, as well as to their families for the hardships they have endured as a result. Establishes in the Treasury the Radiation Experimentation Compensation Trust Fund for compensating the subjects of experiments conducted between January 1, 1940, and December 31, 1974, during which the subjects were intentionally exposed to radiation without their informed consent. Authorizes appropriations. Directs the Attorney General to establish procedures for the submission of claims and pay from amounts in the Fund each claim meeting the requirements of this Act. Provides for payments in cases of deceased experimental subjects. States that payments under this Act which are accepted by a subject or the subject's survivors shall be in full satisfaction of all claims of or on behalf of the subject against the United States arising out of the subject's participation in the experiment. Provides for judicial review. Establishes a time limit for filing claims of 20 years after enactment of this Act.