Restitution for World War II Internment of Japanese-Americans and Aleuts. Pu.b L. 100-383 (1988) RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND ALEUTS Purposes Statement of the Congress (a) With regard to individuals of Japanese ancestry. (b) With respect to the Aleuts. 1--UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT JAPANESE ALIENS Short title. 1. Remedies with respect to criminal convictions. (a) Review of convictions. (b) Recommendation for pardons. (c) Action by the President. 2. Consideration of Commission findings by departments and agencies. (a) Review of applications by eligible individuals (b) No new authority created. 3. Trust Fund. (a) Establishment. (b) Investment of amounts in the Fund. (c) Uses of the Fund. (d) Termination. (e) Authorization of appropriations. 4. Restitution. (a) Location and payment of eligible individuals. (b) Order of payments. (c) Resources for locating eligible individuals. (d) Administrative costs not pad from the Fund. (e) Termination of duties of Attorney General (f) Clarification of treatment of payments under other laws. (g) Liability of United States limited to amount in the Fund. 5. Board of Directors of the Fund. (a) Establishment. (b) Uses of the Fund. (c) Membership. (d) Director and staff. (e) Administrative support services. (f) Gifts and donations. (g) Annual reports. 6. Documents relating to the internment. (a) Preservation of documents in National Archives. (b) Public availability of certain records of the House of Representatives. 7. Definitions. 8. Compliance with Budget Act. 9. Entitlements to eligible individuals. 429 WAR AND NATIONAL DEFENSE INTERNMENT RESTITUTION 50 App. Sec. TITLE II--ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION 1989 Short title. 1989c-1. Definitions. 1989c-2. Aleutian and Pribilof Islands Restitution Fund. (a) Establishment. (b) Report. (c) Investment. (d) Termination. 1989c-3. Appointment of Administrator. 1989c-4. Compensation for community losses. (a) In general. (b) Trust. (c) Accounts for the benefit of Aleuts.1 (d) Compensation for damaged or destroyed church property. (e) Payment in full settlement of claims against the United States. (f) Authorization of appropriations. 1989c-6 Attu Island restitution program. (a) Purpose of section. (b) Acreage determination. (c) Valuation. (d) In lieu compensation payment. (e) Village site conveyance. (f) Authorization of appropriations. 1989c-7. Compliance with Budget Act. 1989c-8. Severability. TITLE III -- TERRITORY OR PROPERTY CLAIMS AGAINST UNITED STATES 1989d. Exclusion of claims. /1/ So in original. Two subsets. (c) have been enacted. WESTLAW supplements your legal research in many ways. WESTLAW allows you to *update your research with the most current information *expand your library with additional resources * retrieve direct history, precedential history and parallel citations with the Insta-Cite service. For more information on using WESTLAW to supplement your research, see the WESTLAW Electronic Research Guide, which follows the Explanation. 1989. Purposes The purposes of the act [sections 1989 to 1989d of this Appendix] are to-- (1) acknowledge the fundamental injustice of the evacuation, relocation, and internment of United States citizens and permanent resident aliens of Japanese ancestry during World War II; (2) apologize on behalf of the people of the united States for the evacuation, relocation, and internment of such citizens and permanent resident aliens; (3) provide for a public education fund to finance efforts to inform the public about the internment of such individuals so as to prevent the recurrence of any similar event; (4) make restitution to those individuals of Japanese ancestry who were interned; (5) make restitution to Aleut residents of the Pribilof Islands and the Aleutian Islands west of Unimak Island, in settlement of United States obligations in equity and at law, for-- (A) injustices suffered and unreasonable hardships endured while those Aleut residents were under United States control during World War II; (B) personal property taken or destroyed by United States forces during World War II: (C) community property, including community church property, taken or destroyed by United States forces during World War II; and (D) traditional village lands on Attu Island no rehabilitated after World War II for Aleut occupation or other productive use; (6) discourage the occurrence of similar injusticesand violations of civil liberties in the future; and (7) make more credible and sincere any declaration of concern by the United States over violations of human rights committed by other nations. (Pub.L. 100-383, Section 1, Aug. 10, 1988, 102 Stat. 903.) HISTORICAL AND STATUTORY NOTES Revision Notes and Legislative Reports 1988 Act. Senate Report No. 100-202 and House Conference Report No. 100-785, see 1988 U.S. Code Cong. and Adm. News, p. 1135. LIBRARY REFERENCES American Digest System Claims against United States, generally, see United States 93 et seq. 99,. Restrictive measures against certain nationalities during wartime, see War and National Emergency 51. Encyclopedias. Claims against United States, generally, see C.J.S. United States Section 136 et seq., 149. Restrictive measures against certain nationalities during wartime, see C.J.S. War and National Defense Section 53. WESTLAW ELECTRONIC RESEARCH United States cases: 393k[add key number]. War and National Emergency cases; 402k[add key number]. See, also, WESTLAW guide following the Explanation pages of this volume. Section 1989a. Statement of the Congress (a) With regard to individuals of Japanese ancestry. The Congress recognizes that, as described by the Commission on Wartime Relocation and Internment of Civilians, a grave injustice was done to both citizens and permanent resident aliens of Japanese ancestry by the evacuation, relocation, and internment of civilians during World War II. As the Commission documents, these actions were carried out without adequate security reasons and without any acts of espionage or sabotage documented by the Commission, and were motivated largely by racial prejudice, wartime hysteria, and a failure of political leadership. The excluded individuals of Japanese ancestry suffered enormous damages, both material and intangible, and there were incalculable losses in education and job training, all of which resulted in significant human suffering for which appropriate compensation has not been made. For these fundamental violations of the basic civil liberties and constitutional rights of these individuals of Japanese ancestry,the Congress apologizes on behalf of the Nation. (b) With respect to the Aleuts. The Congress recognizes that, as described by the Commission on Wartime Relocation and Internment of Civilians, the Aleut civilian residents of the Pribilof islands and the Aleutian Islands west of Unimak Island were relocated during World War II to temporary camps in isolated regions of Southeast Alaska where they remained, under United States control and in the care of the United States, until long after any potential danger to their home villages had passed. The United States failed to provide reasonable care for the Aleuts, and this resulted in widespread illness, disease, and death among the residents of the camps; and the United States further failed to protect Aleut personal and community property while such property was in its possession or under its control. The United States has not compensated the Aleuts adequately for the conversion or destruction of personal property, and the conversion or destruction of community property caused by the United States 434 military occupation of Aleut villages during World War II. There is no remedy for injustices suffered by the Aleuts during World War II except an Act of Congress providing appropriate compensation for those losses which are attributable to the conduct of United States forces and other officials and employees of the United States. (Pub. L. 100-383, Section 2, Aug. 10., 1988, 102 Stat. 903.) HISTORICAL AND STATUTORY NOTES Revision Notes and Legislative Reports 1988 Act. Senate Report No. 100-202 and House Conference Report No. 100-785, see 1988 U.S. Code Cong. and an House Conference Report No. LIBRARY REFERENCES American Digest System Claims against United States, generally, see United States 93 et seq., 99. Restrictive measures against certain nationalities during wartime, see war and National Emergency 51. Encyclopedias Claims against United States, generally, see C.J.S. United States Section 136 et seq., 149. Restrictive measures against certain nationalities during wartime, see C.J.S. War and National Defense Section 53. WESTLAW ELECTRONIC RESEARCH United States cases; 393k[add key number]. See also, WESTLAW guide following the Explanation pages of this volume. TITLE I---UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT JAPANESE ALIENS Section 1989b. Short title This title [sections 1989b to 1989b-9 of this Appendix] may be cited as the"Civil Liberties Act of 1988". (Pub. L. 100-383, Title I, Section 101, Aug. 10, 1988, 102 Stat. 904.) HISTORICAL AND STATUTORY NOTES Revision Notes and Legislative Reports 1988 Act. Senate Report No. 100-202 and House Conference Report No. 100-785, see 1988 U.S. Code Congress and House Conference Report No. LIBRARY REFERENCES Administrative Law Civil Liberties Act redress provision, see 28 C.F.R. Section 74.1 et seq. WESTLAW ELECTRONIC RESEARCH See WESTLAW guide following the Explanation pages of this volume. (a) Review of [deleted] The Attorney General is requested to review any case in which an individual living on the date of the enactment of this Act [Aug. 10, 1988] was, while a United States citizen or permanent resident alien of Japanese ancestry, convicted of a violation of--- (1) Executive Order Numbered 9066, dated February 19, 1942; (2) the Act entitled "An Act to provide a penalty for violation of restrictions or orders with respect to persons entering, remaining in, leaving, or committing any act in military areas or zone", approved March 21, 1942 (56 Stat. 173); or (3) any other Executive order, Presidential proclamation, law of the United States, directive of the Armed Forces of the United States, or other action taken by or on behalf of the United States or its agents, representatives, officers, or employees, respecting the evacuation, relocation, or internment of individuals solely on the basis of Japanese ancestry; on account of the refusal by such individual, during the evacuation, relocation, and internment period, to accept treatment which discriminated against the individual on the basis of the individual's Japanese ancestry. (b) Recommendations for pardons Based upon any review under subsection (a), the Attorney General is requested to recommend to the President for pardon consideration those convictions which the Attorney General considers appropriate. (c) Action by the President In consideration of the statement of the Congress set forth in section 2(a) [section 1989a(a) of this Appendix], the President is requested to offer pardons to any individuals recommended by the Attorney General under subsection (b). (Pub.L. 100-383, Title I, Section 102, Aug. 10, 1988, 102 Stat. 904.) HISTORICAL AND STATUTORY NOTES Revision Notes and Legislative Reports 1988 Act. Senate Report No. 100-202 and House Conference Report No. 100-785, see 1988 U.S. Code Cong. and Adm. News, p. 1135. References in Text Executives Order Numbered 9066, dated February 19,1942, referred to in subsec.(a)(1), is not classified to the Code. The Act referred to in subsec. (a)(2) as "the Act entitled 'An Act to provide a penalty for violation of restrictions or orders with respect to persons entering [deleted] military areas or zones, [deleted] March 21, 1942 (56 Stat. 173)", is [deleted] 21, 1942, c. 191, 56 Stat. 173, [deleted] was classified to section 97a and former Title 18, Criminal Code and Criminal Procedure, and was repealed of Title 18, Crimes and Criminal Procedure. Section 1383 of Title 18 was pealed by Pub.L. 94-412, Title Section 501(e) Sept. 14, 1976, 90 Stat. [delete]. LIBRARY REFERENCES American Digest System Claims against United States, generally, see United States 93, et seq., 99. Restrictive measures against certain nationalities during wartime, see War and National Emergency 51. Encyclopedias Claims against United States, generally, see United States generally, see United States Sec 136 et seq., 149. Restrictive measures against certain nationalities during wartime, see C.J.S. War and National Defense Section 53. WESTLAW ELECTRONIC RESEARCH United States cases: 393k [add key number.] War and National Emergency cases: 402k[add key number]. See, also, WESTLAW guide following the Explanation pages of this volume. Section 1989b-2. Consideration of Commission findings by departments and agencies. (a) Review of applications by eligible individuals Each department and agency of the United States Government shall review with liberality, giving full consideration to the findings of the Commission and the statement of the Congress set forth in section 2(a) [section 1989a(a) of this appendix], any application by an eligible individual for the restitution of any position, status, or entitlement lost in whole or in part because of any discriminatory act of the United States Government against such individual which was based upon the individual's Japanese ancestry and which occurred during the evacuation, relocation, and internment period. (b) No new authority created. Subsection (a) does not create any authority to grant restitution described in that subsection, or establish any eligibility to apply for such restitution. (Pub. L. 100-383, Title I, Section 103, Aug. 10, 1988, 102 Stat. 905.) HISTORICAL AND STATUTORY NOTES Revision Notes and Legislative Reports 1988 Act. Senate Report No. 100-202 and House Conference Report No. 100-785, see 1988 U.S. Code Cong. and Adm. News, p. 1135. 435 LIBRARY REFERENCES American Digest System Claims against United States, generally, see United States 93 et seq., 99. Restrictive measures against certain nationalities during wartime, see War and National Emergency 51. Encyclopedias Claims against United States, generally, see C.J.S. United States Section 136 et seq. 149. Restrictive measures against certain nationalities during wartime, see C.J.S. War and National Defense Section 53. WESTLAW ELECTRONIC RESEARCH United States cases: 393k[add key number]. War and National Emergency cases; 402k[add key number]. See, also, WESTLAW guide following the Explanation pages of this volume. Section 1989b-3. Trust Fund (a) Establishment There is established in the Treasury of the United States the Civil Liberties Public Education Fund, which shall be administered by the Secretary of the Treasury. (b) Investment of amounts in the Fund Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code [31 U.S.C.A. Section 9702]. (c) Uses of the Fund Amounts in the Fund shall be available only for disbursement by the Attorney General under section 105 [section 1989b-4 of this Appendix] and by the Board under section 106 [section 1989b-5 of this Appendix]. (d) Termination The Fund shall terminate not later than the earlier of the date on which an amount has been expended from the Fund which is equal to the amount authorized to be appropriated to the Fund by subsection (e), and any income earned on such amount, or 10 years after the date of the enactment of this act [Aug. 10, 1988]. If all of the amounts in the Fund have not been expended by the end of that 10-year period, investments of amounts in the Fund shall be liquidated and receipts thereof deposited in the Fund and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury. (e) Authorization of appropriations There are authorized to be appropriated to the Fund $1.250,000,000, of which not more than $500,000,000 may be appropriated 436 for any reason [deleted] this section are authorized to remain available until expended. (Pub.L. 100-383, Title I, Section 104, Aug, 10, 1988, 102 Stat. 905.) HISTORICAL AND STATUTORY NOTES Revision Notes and Legislative Reports 1988 Act. Senate Report No. 100-202 and House Conference Report No. 100-785, see 1988 U.S. Code Cong. and Adm. News, p. 1135 Maximum Amounts Authorized for Fund. Pub. L. 101-162, Title II, Nov. 21, 1989, 103 Stat. 996, provided that: "Subject to the provisions of section 1049e) of the Civil Liberties Act of 1988 (Public Law 100-383; 50 U.S.C. app. 1989 (b-3(e)) [sic] [subsec. (e) of this section], the maximum amount authorized under such section for any fiscal year is appropriated, form money in the Treasury not otherwise appropriated, for each fiscal year beginning on or after October 1, 1990, to the Civil Liberties Public Education Fund established by section 104(a) of the Civil Liberties Act of 1988, for payments to eligible individuals under section 105 of that Act [50 App. U.S. C.A. Section 1989b-4]" LIBRARY REFERENCES American Digest System Claims against United States, generally, see United States 93 et seq., 99. Restrictive measures against certain nationalities during wartime, see War and National Emergency 51. Encyclopedias Claims against United States, generally, see C.J.S. United States Section 136 et seq. 149. Restrictive measures against certain nationalities during wartime, see C.J.S. War and National Defense Section 53. WESTLAW ELECTRONIC RESEARCH United States cases: 393k[add key number]. War and National Emergency cases; 402k[add key number]. See, also, WESTLAW guide following the Explanation pages of this volume. Section 1989b-4. Restitution (a) Location and payment of eligible individuals (1) In general Subject to paragraph (6), the Attorney General shall, subject to the availability of funds appropriated to the Fund for such purpose, pay out of the Fund to each eligible individual the sum of $20,000, unless such individual refuses, in the manner described in paragraph (4), to accept the payment. (2) Location of eligible individuals The Attorney General shall identify and locate, without requiring any application for payment and using records already in the possession of the United State Government, each eligible individual. The Attorney General should use funds and resources available to the Attorney General, including those 437 described in subsection (c), to attempt to complete such identification [deleted] on within 12 months after the date of the enactment of [deleted] [Aug. 10, 1099]. Any eligible individual may notify the Attorney General that such individual is an eligible individual, and may provide documentation therefor. The Attorney General shall designate an officer or employee to whom such notification and documentation may be sent, shall maintain a list of all individuals who submit such notification and documentation, and shall, subject to the availability of funds appropriated for such purpose, encourage, through a public awareness campaign, each eligible individual to submit his or her current address to such officer r employee. To the extent that resources referred to in the second sentence of this paragraph are not sufficient to complete the identification and location of all eligible individuals, there are authorized to be appropriated such sums as may be necessary for such purpose. In any case, the identification and location of all eligible individuals shall be completed within 12 months after the appropriation of funds under the preceding sentence. Failure to be identified and located by the end of the 12- month period specified in the preceding sentence shall not preclude an eligible individual from receiving payment under this section. (3) Notice from the Attorney General The Attorney General shall, when funds are appropriated to the Fund for payments to an eligible individual under this section, notify that eligible individual in writing of his or her eligibility for payment under this section. Such notice shall inform the eligible individual that-- (A) acceptance of payment under this section shall be in full satisfaction of al claims against the United States arising out of acts described in section 108(2)(B) [section 1989b-7(2)(B) of this Appendix], and (B) each eligible individual who does not refuse,in the manner described in paragraph (4), to accept payment under this section within 18 months after receiving such written notice shall be deemed to have accepted payment for purposes of paragraph (5). (4) Effect of refusal to accept payment If an eligible individual refuses, in a written document filed with the Attorney General, to accept any payment under this section, the amount of such payment shall remain in the Fund and no payment may be made under this section to such individual at any time after such refusal. 438 (5) Payment in full settlement of claims against the United States The acceptance of payment by an eligible individual under this section shall be in full satisfaction of all claims against United States arising out of acts described in section 108(2)(B) [section 1989b-7(2)(B) of this Appendix]. This paragraph shall apply to any eligible 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 referred to in paragraph (3). (6) Exclusion of certain individuals No payment may be 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) [section 1989b-7(2)(B) of this Appendix], or to any surviving spouse, child, or parent of such individual to whom paragraph (6) applies. (7) Payments in the case of 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 survive 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), (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) [section 1989b-5(b) of this Appendix]. (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 section will be made, to the same extent as such subsections apply to the eligible individual. (c) For purposes of this paragraph 439 (i) the spouse of an eligible 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 regular parent-child 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 tho enactment of this act [Aug. 10, 19888] for, if applicable, that individual's survivors under paragraph (6)) receiving full payment first), until all eligible individuals have received payment in full. (c) Resources for locating eligible individuals In attempting 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. (d) Administrative costs not paid from the Fund No costs incurred by the Attorney General in carrying out this section shall be paid from the Fund or set off against, or otherwise deducted from, any payment under this section to any eligible individual. (w) Termination of duties of Attorney General The duties of the Attorney General under this section shall cease when the Fund terminates. (f) Clarification of treatment of payments under other laws Amounts paid to an eligible individual 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 as income or resources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code [31 U.S.C.A. Section 3803(c)(2)(C) of title 31, United States Code [31 U.S.C.A. Section 3803(c)(2)(C)], or the amount of such benefits. 440 (g) Liability of United States limited to amount in the Fund (1) General rule An eligible individual may be paid under this section only from amounts in the Fund. (2) Coordination with other provisions Nothing in this tile [sections 1989b to 1989b-9 of this Appendix] shall authorize the payment to an eligible individual by the United States Government of any amount authorized by this section from any source other than the Fund. (3) Order in which unpaid claims to be paid If at any time the Fund has insufficient funds to pay all eligible individuals at such time, such eligible individuals shall, to the extent permitted under paragraph (1), be paid in full in the order specified in subsection (b) of this section. (Pub.L. 100-383, Title I, Section 105, Aug. 10, 1988, 102 Stat. 905, and amended Pub.L. 101-162, Title II, Section 209(b), Nov. 21, 1989, 103 Stat. 1005.) HISTORICAL AND STATUTORY NOTES Revision Notes and Legislative Reports 1988 Act. Senate Report No. 100-202 and House Conference Report No. 100-785, see 1988 U.S. Code Cong. and Adm. News, p. 1335 1989 Act. Statement of President, see 1989 U.S. Code Cong. and Adm. News, p. 733-3. Amendments 1989 Amendment. Subsec. (g). Pub.L. 101-1622 added subsec. (g). LIBRARY REFERENCES American Digest System Claims against United States, generally, see United States 93 et seq., 99. Restrictive measures against certain nationalities during wartime, see War and National Emergency 51. Encyclopedias Claims against United States, generally, see C.J.S. United States Section 136 et seq. 149. Restrictive measures against certain nationalities during wartime, see C.J.S. War and National Defense Section 53. WESTLAW ELECTRONIC RESEARCH United States cases: 393k[add key number]. War and National Emergency cases; 402k[add key number]. See, also, WESTLAW guide following the Explanation pages of this volume. Section 1989b-5. Board of Directors of the Fund (a) Establishment There is established the Civil Liberties Public Education Fund Board of Directors, which shall be responsible for making disbursements form the Fund in the manner provided in this section. 441 [deleted] JAPANESE-AMERICANS AND ALEUTS Pub.L. 100-383, Aug. 10, 1988, 102 Stat. 903 Sec. 1989b-4 Restitution (a) to (g) [See main volume for test]. (h) Judicial review. Sec. 1989h-9. Entitlements to eligible individuals (a) In general. (b) Payments from discretionary appropriations. (c) Definitions. TITLE I--UNITED STATES CITIZENS OF JAPANESE ANCESTRY ANCESTRY AND RESIDENT JAPANESE ALIENS Section 1989b. Short title HISTORICAL AND STATUTORY NOTES Short Title 1992 Amendments. Pub.L. 102-371, Section 1, Sept. 27, 1992, 106 Stat. 1167, provided that:"This Act [amending section 1989b-3, 1989b-4, 1989b-7, and 1989b-9 oft his Appendix and enacting a provision set out as a note under section 1989b-4 of this Appendix] may be cited as the "civil Liberties Act Amendments of 1992'." Section 1989b-3. Trust Fund [See main volume for test of (a) to (d)] (e) Authorization of appropriations There are authorized to be appropriated to the Fund $1,600,000,000, of which not more than $500,000,000 may be appropriated for any fiscal year. Any amounts appropriated pursuant to this section are authorized to remain available until expended. (As amended Pub.L. 102-371, section 2, Sept. 27, 1992, 106 Stat. 1167.) HISTORICAL AND STATUTORY NOTES Revision Notes and Legislative Reports 1988 Act. 1992 Acts. House Report No. 102-863, see 1992 U.S. Code Cong. and Adm. News, p. 1030. Amendments 1992 Amendments Subsec. (e). Pub.L. 102-371, Section 2, substituted "$1,650,000,000" for $1,260,000,000". Section 1989b-4. Restitution (a) Location and payment of eligible individuals (1) In general Subject to paragraph (7), the Attorney General shall, subject tot he availability of funds appropriated to the Fund for such purpose, pay out of the fund to each eligible individual the sum of $20,000, unless such individual refuses, in the manner described in paragraph (5), to accept the payment. [See main volume for text of (2)] (3) Benefit of the doubt When, after consideration of all evidence and relevant material for determining whether an individual is an eligible individual, there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of eligibility, the benefit of the doubt in resolving each such issue shall be given to such individual. (4) Notice from Attorney General The Attorney General shall, when funds are appropriated to the Fund for payments to an eligible individual under this section, notify that eligible individual in writing of his or her eligibility for payment under this section, such notice shall inform the eligible individual that -- 22 [line deleted] ... (2)(B) [section 1989b-7(c)(B) of this Appendix], and [deleted] each eligible individual who does not refuse, in the manner described in paragraph (5), to accept payment under this section within 18 months after receiving such written notice shall be deemed to have accepted payment for purposes of paragraph (6). (5) Effect of refusal to accept payment If an eligible individual refuses, in a written document filed with the Attorney General, to accept any payment under this section,t he amount of such payment shall remain in the Fund and no payment may be made under this section to such individual at any time after such refusal. (6) Payment in full settlement of claims against the United States The acceptance of payment by an eligible individual under this section shall be in full satisfaction of all claims against the United States arising out of acts described in section 108(2)(B) [section 1989b-7(2)(B) of this Appendix]. This paragraph shall apply to any eligible individual who does not refuse, in the manner described in paragraph (5), to accept payment under this section within 18 months after receiving the notification from the Attorney General referred to in paragraph (4). (7) Exclusion of certain individuals No payment may be made under this section to any individual who, after September 1, 1987, accepts payment pursuant to an award of a final judgement or a settlement on a claim against the United States for acts described in section 108(2)(B) [section 1989b-7(c)(B) of this Appendix], or to any surviving spouse, child, or parent of such individual to whom paragraph (8) applies. (8) Payments in the case of 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) [section 1989b-5(b) of this Appendix]. (B) After the death of an eligible individual, this subsections (c) and (f) shall apply to the individual or individuals specified in subparagraph (A) to whom payment under this section will be made, to the same extent as such subsections apply to the eligible individuals. (C) For purposes of this paragraph-- (i) the "spouse" of an eligible 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 a recognized natural child, a stepchild who lived with the eligible individual in a regular parent- child relationship, and an adopted child; and (iii) a "parent" of an eligible individual includes fathers and mother 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 [Aug. 10, 1988] (or, if applicable, that individual's survivors under 23 (2) the term "entitlement" means "spending a 401(c)(2)(C) of the Congressional Budget Act of U.S.C.A. section 651(c)(2)(C)]. as defined in section U.S.C. 651(c)(2)(C) [3 U.S.C.A. Section 651(c)(2)(C)]. (As amended Pub.L. 102-371, Section 7, Sept. 27, 1992, 106 Stat. 1168.) HISTORICAL AND STATUTORY NOTES Revision Notes and Legislative Reports 1988 Act. 1992 Acts, House Report No. 102-863, see 1992 U.S. Code Cong. and Adm. News, p. 1030. References in Text The amendment made by section 3 of the Civil Liberties Act of 1992, referred to in subsec. (b)(1), means the amendment made by section 3 of Pub.L. 102-371, which amended paragraph (2) of section 1989b-7 of this Appendix. Amendments 1992 Amendments Subsec. (a). Pub.L. 102-371, Section 7(1),(2), designated existing provision as subsec. (a) and, in subsec. (a) as no designated, inserted heading "In general" and "and except as provided in subsection (b)" after "105(g) of this title" and struck out provision that the term "entitlement" means "spending authority" as defined in section 651(c)(2)(C) of Title 2. See subsec. (c)(2) of this section. Subsec. (b), (C), Pub.L. 102-371, Section 7(3), added subsets (b) and (c). INDEX CONSULT GENERAL INDEX