Page:United States Statutes at Large Volume 110 Part 3.djvu/854

 110 STAT. 2584 PUBLIC LAW 104-201—SEPT. 23, 1996 50 USC app. SEC. 656. COMPENSATION FOR PERSONS AWARDED PRISONER OF 2005 note. WAR MEDAL WHO DID NOT PREVIOUSLY RECEIVE COM- PENSATION AS A PRISONER OF WAR. (a) AUTHORITY TO MAKE PAYMENTS. —The Secretary of the military department concerned shall make payments in the manner provided in section 6 of the War Claims Act of 1948 (50 U.S.C. App. 2005) to (or on behalf of) any person described in subsection (b) who submits an application for such payment in accordance with subsection (d). (b) ELIGIBLE PERSONS. —This section applies with respect to a member or former member of the Armed Forces who— (1) has received the prisoner of war medal under section 1128 of title 10, United States Code; and (2) has not previously received a payment under section 6 of the War Claims Act of 1948 (50 U.S.C. App. 2005) with respect to the period of internment for which the person received the prisoner of war medal. (c) AMOUNT OF PAYMENT.— The amount of the payment to any person under this section shall be determined based upon the provisions of section 6 of the War Claims Act of 1948 that are applicable with respect to the period of time during which the internment occurred for which the person received the prisoner of war medal. (d) ONE-YEAR PERIOD FOR SUBMISSION OF APPLICATIONS.— A payment may be made by reason of this section only in the case of a person who submits an application to the Secretary concerned for such payment during the one-year period beginning on the date of the enactment of this Act. Any such application shall be submitted in such form and manner as the Secretary may require. SEC. 657. PAYMENTS TO CERTAIN PERSONS CAPTURED AND INTERNED BY NORTH VIETNAM. (a) PAYMENT AUTHORIZED TO ELIGIBLE PERSONS. —(1) Using amounts made available under subsection (g), the Secretary of Defense shall make a pa5anent under this section to a person who demonstrates to the satisfaction of the Secretary of Defense that the person was captured and incarcerated by the Democratic Republic of Vietnam as a result of the participation by the person in operations conducted under OPLAN 34A or its predecessor. (2) Using amounts made available under subsection (g), the Secretary of Defense shall also make a payment under this section to a person who demonstrates to the satisfaction of the Secretary of Defense that the person— (A) served as a Vietnamese operative pursuant to OPLAN 35; (B) was captured and incarcerated by North Vietnamese forces as a result of the participation by the person in operations in Laos or along the Lao-Vietnamese border pursuant to OPLAN 35; (C) remained in captivity after 1973 (or died in captivity); and (D) has not previously received payment from the United States for the period spent in captivity. (3) A payment may not be made under this section to, or with respect to, a person who the Secretary of Defense determines, based on the available evidence, served in the Peoples Army of Vietnam or provided active assistance to the Government of the

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