Page:United States Statutes at Large Volume 102 Part 1.djvu/945

 102 STAT. 907

PUBLIC LAW 100-383—AUG. 10, 1988

individual who does not refuse, in the manner described in paragraph (4), to accept payment under this section within 18 months after receiving the notification from the Attorney General referrexi to in paragraph (3). (6) EbCCLUSION OF CERTAIN INDIVIDUALS.—No payment may b e

Claims.

made under this section to any individual who, after September 1, 1987, accepts payment pursuant to an award of a final judgment or a settlement on a claim against the United States for acts described in section 108(2)(B), or to any surviving spouse, chUd, or parent of such individual to whom paragraph (6) applies. (7) PAYMENTS IN THE CASE OP DECEASED PERSONS.—(A) In

the

case of an eligible individual who is deceased at the time of payment under this section, such payment shall be made only as follows: (i) If the eligible 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 there is no surviving spouse described in clause (i), such payment shall be made in equal shares to all children of the eligible individual who are living at the time of payment. (iii) If there is no surviving spouse described in clause (i) and if there are no children described in clause (ii), such payment shall be made in equal shares to the parents of the eligible individual who are living at the time of payment. If there is no surviving spouse, children, or parents described in clauses (i), (ii), and (iii), the amount of such payment shall remain in the Fund, and may be used only for the purposes set forth in section 106(b). (B) After the death of an eligible individual, this subsection and subsections (c) and (f) shall apply to the individual or individuals specified in subparagraph (A) to whom payment under this s ^ i o n will be made, to the same extent as such subsections apply to the eligible individual. (CD For purposes of this paragraph— (i) the spouse" of an e d i b l e individual means a wife or husband of an eligible individual who was married to that eligible individual for at least 1 year immediately before the death of the eligible individual; (ii) a ''child" of an eligible individual includes a recognized natural child, a stepchild who lived with the eligible individual in a r^ular parent<:hild relationship, and an adopted child; and (iii) a "parent" of an eligible individual includes fathers and mothers through adoption. (b) 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 the date of the enactment of this Act (or, if applicable, that individual's survivors under paragraph (6)) receiving rail payment first), until all eligible individuals have received payment in rail. (c) RESOURCES FOR LOCATING ELIGIBLE INDIVIDUALS.—In attempt- Records. ing 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.

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