Sec. 5. Adjudication

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The Foreign Claims Settlement Commission shall adjudicate claims and determine the eligibility of individuals for payments under section 4. Not later than 180 days after the date of the enactment of this Act, the Chairman of the Foreign Claims Settlement Commission shall publish in the Federal Register such rules and regulations as may be necessary to enable the Commission to carry out the functions of the Commission under this Act. For purposes of subsection (a)(1) and subject to paragraph (2), the Foreign Claims Settlement Commission may not determine an individual is eligible for a payment under section 4 unless the individual submits to the Commission a claim in such manner and form and containing such information as the Commission specifies.

An individual filing a claim for a payment under section 4 shall file such claim not later than one year after the date on which the Foreign Claims Settlement Commission publishes the notice described in subparagraph (B). Not later than 180 days after the date of the enactment of this Act, the Foreign Claims Settlement Commission shall publish a notice of the deadline for filing a claim described in subparagraph (A)— in the Federal Register; and in newspaper, radio, and television media in Guam.

The decision of the Foreign Claims Settlement Commission on each claim filed under this Act shall— be by majority vote; be in writing; state the reasons for the approval or denial of the claim; and if approved, state the amount of the payment awarded and the distribution, if any, to be made of the payment. The Foreign Claims Settlement Commission shall deduct, from a payment made to a compensable Guam victim or survivors of a compensable Guam decedent under this section, amounts paid to such victim or survivors under the Guam Meritorious Claims Act of 1945 ( Public Law 79–224 ) before the date of the enactment of this Act.

No interest shall be paid on payments made by the Foreign Claims Settlement Commission under section 4. Any agreement under which an individual who provided representational services to an individual who filed a claim for a payment under this Act that provides for compensation to the individual who provided such services in an amount that is more than one percent of the total amount of such payment shall be unlawful and void. Whoever demands or receives any compensation in excess of the amount allowed under subparagraph

(A)shall be fined not more than $5,000 or imprisoned not more than one year, or both. Objections and appeals of decisions of the Foreign Claims Settlement Commission shall be to the Commission, and upon rehearing, the decision in each claim shall be final, and not subject to further review by any court or agency. After a decision approving a claim becomes final, the Chairman of the Foreign Claims Settlement Commission shall certify such decision to the Secretary of the Treasury for authorization of a payment under section 4. For purposes of section 4 and subject to paragraph (2), the Foreign Claims Settlement Commission shall treat a claim that is accompanied by an affidavit of an individual that attests to all of the material facts required for establishing the eligibility of such individual for payment under such section as establishing a prima facie case of the eligibility of the individual for such payment without the need for further documentation, except as the Commission may otherwise require. Such material facts shall include, with respect to a claim for a payment made under section 4(a), a detailed description of the injury or other circumstance supporting the claim involved, including the level of payment sought. Acceptance of a payment under section 4 by an individual for a claim related to a compensable Guam decedent or a compensable Guam victim shall be in full satisfaction of all claims related to such decedent or victim, respectively, arising under the Guam Meritorious Claims Act of 1945 ( Public Law 79–224 ), the implementing regulations issued by the United States Navy pursuant to such Act (Public Law 79–224), or this Act.

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Pub. L. 79-224

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Sec. 5

Adjudication

Pub. L.Pub. L. 79-224

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