Page:United States Statutes at Large Volume 104 Part 1.djvu/959

 PUBLIC LAW 101-426—OCT. 15, 1990 104 STAT. 925 section shall be in full satisfaction of all claims of or on behalf of that individual against the United States, or against any person with respect to that person's performance of a contract with the United States, that arise out of exposure to radiation, from open air nuclear testing, in the affected area (as defined in section 4(b)(l)) at any time during any period described in section 4(a), or exposure to radiation in a uranium mine at any time during the period described in section 5(a). (f) ADMINISTRATIVE COSTS NOT PAID FROM THE FUND.— No costs incurred by the Attorney General in carrying out this section shall be paid from the Fund or set off against, or otherwise deducted from, any payment under this section to any individual. (g) TERMINATION OF DUTIES OF ATTORNEY GENERAL.— The duties of the Attorney General under this section shall cease when the Fund terminates. (h) CERTIFICATION OF TREATMENT OF PAYMENTS UNDER OTHER LAWS.— Amounts paid to an individual under this section— (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 included as income or resources for purposes of determining 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 use funds and resources available to the Attorney General to carry out his or her functions under this Act. (j) REGULATORY AUTHORITY.—The Attorney General may issue such regulations as are necessary to carry out this Act. (k) ISSUANCE OF REGULATIONS, GUIDELINES, AND PROCEDURES.— Regulations, guidelines, and procedures to carry out this Act shall be issued not later than 180 days after the date of the enactment of this Act. SEC. 7. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE; CHOICE OF REM- 42 USC 2210 EDIES. note. (a) CLAIMS NOT ASSIGNABLE OR TRANSFERABLE. — No claim cognizable under this Act shall be assignable or transferable. (b) CHOICE OF REMEDIES. —No individual may receive payment under both sections 4 and 5 of this Act. SEC. 8. LIMITATIONS ON CLAIMS. 42 USC 2210 A claim to which this Act applies shall be barred unless the claim "° is filed within 20 years after the date of the enactment of this Act. SEC. 9. ATTORNEY FEES. 42 USC 2210 Notwithstanding any contract, the representative of an individual ^° ' may not receive, for services rendered in connection with the claim of an individual under this Act, more than 10 per centum of a payment made under this Act on such claim. Any such representative who violates this section shall be fined not more than $5,000. SEC. 10. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES. 42 USC 2210 A payment made under this Act shall not be considered as £my form 01 compensation or reimbursement for a loss for purposes of imposing liability on any individual receiving such payment, on the basis of such receipt, to repay any insurance carrier for insurance payments, or to repay any person on account of worker's compensa-

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