(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 indi-
vidual who are living at the time of pay-
ment.
(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 pay-
ment 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 recog-
nized 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 indi-
vidual’’ means a child of a child of the in-
dividual.
(iii) The term ‘‘grandparent of the in-
dividual’’ means a parent of a parent of
the individual.
(iv) The term ‘‘parent’’ includes fa-
thers and mothers through adoption.
(v) The term ‘‘sibling of the individ-
ual’’ means a child of the parent or par-
ents of the individual.
(vi) The term ‘‘spouse’’ means a per-
son who was married to the relevant indi-
vidual for at least the 12 months imme-
diately preceding the death of the individ-
ual.
(d) ACTION ON CLAIMS.—Within 18 months after the
filing of any claim under this Act—
(1) the Attorney General shall make the deter-
mination required by subsection (b) regarding the
claim; and
(2) if the claim is determined to meet the re-
quirements 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 accept-
ed by an individual, or the individual’s survivors, shall be
in full satisfaction of all claims of or on behalf of the indi-
vidual against the United States that arise out of the par-
ticipation in the experiment that is the basis for the pay-
ment 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 sub-
section (c)(1).
(g) TERMINATION OF DUTIES OF ATTORNEY GEN-
ERAL.—The duties of the Attorney General under this sec-
tion shall cease when the Fund terminates.
(h) TREATMENT
OF PAYMENTS UNDER OTHER
LAWS.—A payment under subsection (c)(1) to an individ-
ual—
(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 re-
sources 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 re-
sources available to the Attorney General to carry out the
Attorney General’s functions under this Act.
(j) REGULATORY AUTHORITY.—The Attorney Gen-
eral may issue regulations necessary to carry out this Act.
(k) ISSUANCE
OF
REGULATIONS
AND
PROCE-
DURES.—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 adminis-
trative 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 individ-
ual 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 trans-
ferable.
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 in-
dividual 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 re-
spect 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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