Page:United States Statutes at Large Volume 112 Part 5.djvu/612

 112 STAT. 3370 PUBLIC LAW 105-369—NOV. 12, 1998 (c) PAYMENT.— (1) IN GENERAL. — To the extent there are sufficient amounts in the Fund to cover each payment, the Secretary shall pay, from the Fund, each petition that the Secretary determines meets the requirements of this title in the order received. (2) PAYMENTS IN CASE OF DECEASED INDIVIDUALS. — (A) IN GENERAL.—In the case of an individual referred to in section 102(a) who is deceased at the time that pay- ment is made under this section on a petition filed by or on behalf of the individual, the pa3anent shall be made as follows: (i) If the individual is survived by a spouse who is living at the time of payment, the payment shall be made to such surviving spouse. (ii) If the individual is not survived by a spouse described in clause (i), the payment shall be made in equal shares to all children of the individual who are living at the time of the payment. (iii) If the individual is not survived by a person described in clause (i) or (ii), the payment shall be made in equal shares to the parents of the individual who are living at the time of the payment. (iv) If the individual is not survived by a person described in clause (i), (ii), or (iii), the payment shall revert back to the Fund. (B) FILING OF PETITION BY SURVIVOR. —If an individual eligible for payment under section 102(a) dies before filing a petition under this title, a survivor of the individual may file a petition for payment under this title on behalf of the individual if the survivor may receive payment under subparagraph (A). (C) DEFINITIONS. —For purposes of this paragraph: (i) The term "spouse" means an individual who was lawfully married to the relevant individual at the time of death. (ii) The term "child" includes a recognized natural child, a stepchild who lived with the relevant individual in a regular parent-child relationship, and an adopted child. (iii) The term "parent" includes fathers and mothers through adoption. (3) TIMING OF PAYMENT. —The Secretary may not make a payment on a petition under this title before the expiration of the 120-day period beginning on the date of the enactment of this Act or after the expiration of the 5-year period beginning on the date of the enactment of this Act. (d) ACTION ON PETITIONS. —The Secretary shall, complete the determination required by subsection (b) regarding a petition not later than 120 days after the date the petition is filed under this title. (e) HUMANITARIAN NATURE OF PAYMENT. —^TJiis Act does not create or admit any claim of or on behalf of the individual against the United States or against any officer, employee, or agent thereof acting within the scope of employment or agency that relate to an HIV infection arising from treatment with antihemophilic factor, at any time during the period beginning on July 1, 1982, and ending on December 31, 1987. A payment under this Act shall,

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