Page:United States Statutes at Large Volume 112 Part 5.djvu/613

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PUBLIC LAW 105-369—NOV. 12, 1998 112 STAT. 3371 however, when accepted by or on behalf of the individual, be in full satisfaction of all such claims by or on behalf of that individual. (f) ADMINISTRATIVE COSTS NOT PAID FROM FUND.— No costs incurred by the Secretary in carrying out this title may be paid from the Fund or set off against, or otherwise deducted from, any payment made under subsection (c)(1). (g) TERMINATION OF DUTIES OF SECRETARY.—The duties of the Secretary under this section shall cease when the Fund terminates. (h) TREATMENT OF PAYMENTS UNDER OTHER LAWS.— A payment under subsection (c)(1) to an individual— (1) shall be treated for purposes of the Internal Revenue Code of 1986 as damages described in section 104(a)(2) of such Code; (2) shall not be included as income or resources for purposes of determining the eligibility of the individual to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits, and such benefits shall not be secondary to, conditioned upon reimbursement from, or subject to any reduction because of receipt of, any such payment; and (3) shall not be treated as a third party payment or pay- ment in relation to a legal liability with respect to such benefits and shall not be subject (whether by subrogation or otherwise) to recovery, recoupment, reimbursement, or collection with respect to such benefits (including the Federal or State governments or any entity that provides such benefits under a contract). (i) REGULATORY AUTHORITY. — The Secretary may issue regulations necessary to carry out this title. (j) TIME OF ISSUANCE OF PROCEDURES.—The Secretary shall, through the promulgation of appropriate regulations, guidelines, or otherwise, first establish the procedures to carry out this title not later than 120 days after the date of the enactment of this Act. SEC. 104. LIMITATION ON TRANSFER OF RIGHTS AND NUMBER OF 42 USC 300c-22 PETITIONS. note. (a) RIGHTS NOT ASSIGNABLE OR TRANSFERABLE. —Any right under this title shall not be assignable or transferable. (b) ONE PETITION WITH RESPECT TO EACH VICTIM. —With respect to each individual described in paragraph (1), (2), or (3) of section 102(a), the Secretary may not make payment with respect to more than one petition filed in respect to an individual. SEC. 105. TIME LIMITATION. 42 USC 300c-22 The Secretary may not make any payment with respect to any petition filed under this title unless the petition is filed within 3 years after the date of the enactment of this Act. SEC. 106. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT. • 42 USC 300c-22 A payment made under section 103(c)(1) shall not be considered as any form of compensation, or reimbursement for a loss, for purposes of imposing liability on the individual receiving the pay- ment, on the basis of such receipt, to repay any insurance carrier for insurance payments or to repay any person on account of worker's compensation payments. A payment under this title shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to worker's compensation.