Page:United States Statutes at Large Volume 110 Part 3.djvu/855

 PUBLIC LAW 104-201—SEPT. 23, 1996 110 STAT. 2585 Democratic Republic of Vietnam during the period from 1958 through 1975. (b) EFFECT OF DEATH OF ELIGIBLE PERSON.— In the case of a decedent who would have been eligible for a payment under this section if alive, the documentation required under subsection (a) may be provided by survivors of the decedent, and the payment under this section shall be made to survivors of the decedent in the following order: (1) To the surviving spouse. (2) If there is no surviving spouse, to the surviving children (including natural children and adopted children) of the decedent, in equal shares. (c) AMOUNT PAYABLE. —The amount payable to, or with respect to, a person under this section is $40,000. If a person can demonstrate to the Secretary of Defense that confinement or incarceration exceeded 20 years, the Secretary may pay an additional $2,000 for each full year in excess of 20 (and a proportionate amount for a partial year), but the total amount paid to, or with respect to, a person under this section may not exceed $50,000. (d) TIME LIMITATIONS.— (1) To be eligible for a payment under this section, a claimant must file a claim for such payment with the Secretary of Defense within 18 months of the effective date of the regulations implementing this section. (2) Not later than 18 months after receiving a claim for payment under this section, the Secretary shall determine the eligibility of the claimant for pa5anent of the claim. Subject to subsection (f), if the Secretary determines that the claimant is eligible for the pa3mtient, the Secretary shall promptly pay the claim. (e) REGULATIONS.— (1) The Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall include procedures by which persons may submit claims for payment under this section. Such regulations shall be prescribed not later than six months after the date of the enactment of this Act. (2) The Secretary of Defense may establish guidelines regarding what constitutes adequate documentation for determining whether a person satisfies the requirements specified in subsection (a) regarding eligibility for a payment under this section. Such guidelines shall be established in consultation with the heads of other agencies of the (rovernment involved with OPLAN 34A or its predecessor or OPLAN 35. (f) LIMITATION ON DISBURSEMENT.—(1) The actual disbursement of a payment under this section may be made only to the person who is eligible for the payment under subsection (a) or (b) and only— (A) upon the appearance of that person, in person, at any designated disbursement office in the United States or its territories; or (B) at such other location or in such other manner as that person may request in writing. (2) In the case of a claim approved for payment but not disbursed as a result of operation of paragraph (1), the Secretary of Defense shall hold the funds in trust for the person in an interest bearing account until such time as the person makes an election under such paragraph. (g) FUNDING.— To the extent provided in advance for this section in appropriations Acts, of amounts authorized to be appropriated

�