[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3743 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 3743
To provide for payments to individuals who were the subjects of
radiation experiments conducted by the Federal Government.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 26, 1994
Mr. Frost introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for payments to individuals who were the subjects of
radiation experiments conducted by the Federal Government.
Be 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.
(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.
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