text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Radiation Experimentation 
  Compensation Act of 1995''.
  
  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 eighteen subjects 
          of plutonium injection experiments, the subject of a zirconium 
          injection experiment, and several subjects of total body 
          irradiation experiments conducted during World War II;
              (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 $2,500,000. 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 injected with plutonium or 
  zirconium, or exposed to total body 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 ``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 injected with 
                  plutonium or zirconium, or exposed to total body 
                  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 injected with 
                  plutonium or zirconium, or exposed to total body 
                  radiation.
              (3) 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 any 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.
target: Radiation Experimentation Compensation Act of 1995 - 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 injected with plutonium or zirconium, or exposed to total body radiation, without their informed consent.  Authorizes appropriations. 
  Directs the Attorney General to establish procedures for the submission of claims and for payment from amounts in the Fund of 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 that 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 workers' compensation. 
  Provides for judicial review of denied claims. 
  Establishes a time limit for the filing of claims of 20 years after enactment of this Act.
feat_title: Radiation Experimentation Compensation Act of 1995