Location and payment of eligible individuals
In general
Subject to paragraph (7), the Attorney General shall, subject to the availability of funds appropriated to the Fund for such purpose, pay out of the Fund to each eligible individual the sum of $20,000, unless such individual refuses, in the manner described in paragraph (5), to accept the payment.
Location of eligible individuals
The Attorney General shall identify and locate, without requiring any application for payment and using records already in the possession of the United States Government, each eligible individual. The Attorney General should use funds and resources available to the Attorney General, including those described in subsection (c), to attempt to complete such identification and location within 12 months after . Any eligible individual may notify the Attorney General that such individual is an eligible individual, and may provide documentation therefor. The Attorney General shall designate an officer or employee to whom such notification and documentation may be sent, shall maintain a list of all individuals who submit such notification and documentation, and shall, subject to the availability of funds appropriated for such purpose, encourage, through a public awareness campaign, each eligible individual to submit his or her current address to such officer or employee. To the extent that resources referred to in the second sentence of this paragraph are not sufficient to complete the identification and location of all eligible individuals, there are authorized to be appropriated such sums as may be necessary for such purpose. In any case, the identification and location of all eligible individuals shall be completed within 12 months after the appropriation of funds under the preceding sentence. Failure to be identified and located by the end of the 12-month period specified in the preceding sentence shall not preclude an eligible individual from receiving payment under this section.
Benefit of the doubt
When, after consideration of all evidence and relevant material for determining whether an individual is an eligible individual, there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of eligibility, the benefit of the doubt in resolving each such issue shall be given to such individual.
Notice from the Attorney General
Effect of refusal to accept payment
If an eligible individual refuses, in a written document filed with the Attorney General, to accept any payment under this section, the amount of such payment shall remain in the Fund and no payment may be made under this section to such individual at any time after such refusal.
Payment in full settlement of claims against the United States
section 4218(2)(B) of this titleThe acceptance of payment by an eligible individual under this section shall be in full satisfaction of all claims against the United States arising out of acts described in . This paragraph shall apply to any eligible individual who does not refuse, in the manner described in paragraph (5), to accept payment under this section within 18 months after receiving the notification from the Attorney General referred to in paragraph (4).
Exclusion of certain individuals
section 4218(2)(B) of this titleNo payment may be made under this section to any individual who, after , accepts payment pursuant to an award of a final judgment or a settlement on a claim against the United States for acts described in , or to any surviving spouse, child, or parent of such individual to whom paragraph (8) applies.
Payments in the case of deceased persons
Order of payments
The Attorney General shall endeavor to make payments under this section to eligible individuals in the order of date of birth (with the oldest individual on (or, if applicable, that individual’s survivors under paragraph (8)) receiving full payment first), until all eligible individuals have received payment in full.
Resources for locating eligible individuals
In attempting to locate any eligible individual, the Attorney General may use any facility or resource of any public or nonprofit organization or any other record, document, or information that may be made available to the Attorney General.
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 eligible individual.
Termination of duties of Attorney General
The duties of the Attorney General under this section shall cease 180 days after the Fund terminates.
Clarification of treatment of payments under other laws
Liability of United States limited to amount in Fund
General rule
An eligible individual may be paid under this section only from amounts in the Fund.
Coordination with other provisions
Nothing in this subchapter shall authorize the payment to an eligible individual by the United States Government of any amount authorized by this section from any source other than the Fund.
Order in which unpaid claims to be paid
If at any time the Fund has insufficient funds to pay all eligible individuals at such time, such eligible individuals shall, to the extent permitted under paragraph (1), be paid in full in the order specified in subsection (b).
Judicial review
Review by the Court of Federal Claims
A claimant may seek judicial review of a denial of compensation under this section solely in the United States Court of Federal Claims, which shall review the denial upon the administrative record and shall hold unlawful and set aside the denial if it is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
Applicability
This subsection shall apply only to any claim filed in court on or after .
Pub. L. 100–383, title I, § 105102 Stat. 905 Pub. L. 101–162, title II, § 209(b)103 Stat. 1005 Pub. L. 102–371106 Stat. 1167 Pub. L. 102–572, title IX, § 902(b)(1)106 Stat. 4516 (, , ; , , ; , §§ 4–6(a), , , 1168; , , .)
Editorial Notes
Codification
Section was formerly classified to section 1989b–4 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Amendments
Pub. L. 102–371, § 4(c)(1)(A)1992—Subsec. (a)(1). , substituted “(7)” for “(6)” and “(5)” for “(4)”.
Pub. L. 102–371, § 4(a)(2)Subsec. (a)(3). , added par. (3). Former par. (3) redesignated (4).
Pub. L. 102–371, § 4(a)(1)Subsec. (a)(4). , (c)(1)(B), redesignated par. (3) as (4) and in subpar. (B) substituted “(5)” for “(4)” and “(6)” for “(5)”. Former par. (4) redesignated (5).
Pub. L. 102–371, § 4(a)(1)Subsec. (a)(5). , redesignated par. (4) as (5). Former par. (5) redesignated (6).
Pub. L. 102–371, § 4(a)(1)Subsec. (a)(6). , (c)(1)(C), redesignated par. (5) as (6) and substituted “(5)” for “(4)” and “(4)” for “(3)”. Former par. (6) redesignated (7).
Pub. L. 102–371, § 4(a)(1)Subsec. (a)(7). , (c)(1)(D), redesignated par. (6) as (7) and substituted “(8)” for “(6)”. Former par. (7) redesignated (8).
Pub. L. 102–371, § 4(a)(1)Subsec. (a)(8). , redesignated par. (7) as (8).
Pub. L. 102–371, § 4(c)(2)Subsec. (b). , substituted “(8)” for “(6)”.
Pub. L. 102–371, § 5Subsec. (e). , substituted “180 days after the Fund terminates” for “when the Fund terminates”.
Pub. L. 102–371, § 6(a)Subsec. (f)(2). , substituted “or available under any other law administered by the Secretary of Veterans Affairs, or for purposes of determining the” for “, or the”.
Pub. L. 102–572Subsec. (h). substituted “United States Court of Federal Claims” for “United States Claims Court” in par. (1).
Pub. L. 102–371, § 4(b), added subsec. (h).
Pub. L. 101–1621989—Subsec. (g). added subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Pub. L. 102–572section 911 of Pub. L. 102–572section 171 of Title 28Amendment by effective , see , set out as a note under , Judiciary and Judicial Procedure.
Pub. L. 102–371, § 6(b)106 Stat. 1168