[Congressional Record Volume 140, Number 146 (Saturday, October 8, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 8, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                A PRIVATE RELIEF BILL FOR JAMES STANLEY

  Mr. THURMOND. Mr. President, I wish to thank Senator Mack for his 
cooperation in resolving a difficult situation, as well as Senator 
Metzenbaum for his assistance. I wish to clarify the circumstances 
under which I have withdrawn my objections to H.R. 808, the private 
relief bill on behalf of Mr. James Stanley. My steadfast objection to 
this and other private relief bills is that, except in rare 
circumstances, I do not believe that the Congress should act as a court 
by determining liability and damages in individual cases.
  Today we have an unusual situation, which we do not expect to be 
followed in the future, which is intended to and should result in 
binding arbitration to determine the amount Mr. Stanley will receive, 
if any, from the funds provided by H.R. 808. This arrangement provides 
for determination of the facts of this case by an outside fact-finder, 
and will result in any amounts which Mr. Stanley is not entitled to 
receive being returned to the U.S. Treasury.
  It is the intention of the Congress that the arbitrators determine 
liability and any economic and noneconomic damages due to Mr. Stanley 
as a result of the administration to him, without his knowledge, of 
lysergic acid diethylamide by U.S. Army personnel in 1958, 
notwithstanding any statute of limitations, lapse of time, bar of 
laches, or limitation of liability for injuries arising out of activity 
incident to service on behalf of the United States, that is, the Feres 
Doctrine.
  I ask Senator Mack if this is his understanding of the result in this 
unique situation.
  Mr. MACK. Yes, this is the outcome which we intend and will do 
everything possible to see carried out. I would like to thank both 
Senator Thurmond and Senator Metzenbaum for their willingness to 
resolve this matter during these final hours of the 103d Congress, so 
that Mr. Stanley can more quickly receive the full relief which I 
believe he deserves.
  Mr. THURMOND. Mr. President, I ask unanimous consent that the form of 
agreement to be executed by Mr. Stanley and his attorney be printed in 
the Record following my remarks.
  There being no objection, the form was ordered to be printed in the 
Record, as follows:

                                                  U.S. Senate,

                                  Washington, DC, October 8, 1994.
     Members of the U.S. Senate.
     Members of the U.S. House of Representatives.

       Presently pending before you is legislation which would 
     authorize the undersigned individual to receive $400,577 from 
     the United States government by reason of certain ailments 
     which I claim resulted from my service in the United States 
     Military.

       I hereby pledge and agree that I will not seek to obtain 
     the $400,577 as provided for in the legislation, except for 
     the procedures as set forth herein.
       Under that legislation, I am to be paid $400,577 in full 
     and complete settlement of all my claims against the Federal 
     Government. An issue has been raised with respect to the 
     amount of the settlement, as well as my right to obtain any 
     funds.
       I am requesting that the government pass the legislation in 
     its present form, with my full and complete commitment that I 
     will not be entitled to any funds, nor will I accept any 
     funds nor request any payment other than that amount 
     determined by the arbitrators, until such time as my rights 
     have been adjudicated by an impartial arbitration panel, in 
     which one of the members of that panel will be named by me, 
     one named by the Office of the Attorney General, and the 
     third member decided between the two of us. The United States 
     government is to have no obligation for my legal fees.
       In the event that I, or the Office of the Attorney General 
     delay in naming their member of the panel for a period in 
     excess of 30 days, I agree to join with the government in 
     requesting that the American Arbitration Association name a 
     single arbitrator to resolve the issue as to my right to 
     receive any money, as well as the exact amount of money. The 
     arbitrators will agree to reach a decision within 30 days 
     after the plaintiff and defendants conclude the presentation 
     of their cases.
       I understand that the arbitration panel will determine my 
     damages, if any, and in any event, the amount is not to 
     exceed $400,577. I further agree that the arbitration panel 
     will determine reasonable attorneys' fees, if any, to be paid 
     from the amount set by the arbitrators.
       I hereby pledge and agree that I will not seek to obtain 
     the $400,577 as provided for in the legislation, except for 
     the procedures as set forth herein.
                                                    James Stanley,
     Counsel for the Above Named Individual.

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