Page:United States Statutes at Large Volume 123.djvu/221

 123STA T . 2 0 1 PUBLIC LA W 111 –5—FE B.1 7, 200 9(1)INGE NE RAL.—TheS e cr e ta r ym ay ma k ea p ayme n t f r o m the compen s at i onf u n d toane l i g i b le person w ho , during the one - year period beginning on the date of the enactment of this A ct, submits to the Secretary a claim for benefits under this section. The application for the claim shall contain such information and e v idence as the Secretary may re q uire. ( 2 ) P A YM EN T T O S U R VI VIN G S P OU S E.—If an eligible person who has filed a claim for benefits under this section dies before payment is made under this section, the payment under this section shall be made instead to the surviving spouse, if any, of the eligible person. (d) E LIGI B LE PERSONS.—An eligible person is any person who— (1) served— (A) before J uly1,1 946, in the organi z ed military forces of the Government of the C ommonwealth of the Philippines, while such forces were in the service of the Armed F orces of the U nited States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under com- manders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States or ( B ) in the Philippine Scouts under section 14 of the Armed Forces V oluntary R ecruitment Act of 194 5 (59 Stat. 5 38 ); and (2) was discharged or released from service described in paragraph (1) under conditions other than dishonorable. (e) PAYMENT AMOUNTS.—Each payment under this section shall be— (1) in the case of an eligible person who is not a citizen of the United States, in the amount of $ 9, 0 00; and (2) in the case of an eligible person who is a citizen of the United States, in the amount of $15,000. (f) L IMITATION.—The Secretary may not make more than one payment under this section for each eligible person described in subsection (d). (g) CLARI F I C ATION OF TREATMENT OF PAYMENTS UN D ER CER- TAIN LA W S.—Amounts paid to a person under this section— (1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and (2) shall not be included in income or resources for purposes of determining— (A) eligibility of an individual to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits; (B) eligibility of an individual to receive benefits under title VIII of the Social Security Act, or the amount of such benefits; or (C) eligibility of an individual for, or the amount of benefits under, any other Federal or federally assisted pro- gram. (h) RELEASE.— (1) IN GENERAL.—E x cept as provided in paragraph (2), the acceptance by an eligible person or surviving spouse, as applicable, of a payment under this section shall be final,