Ask the Scholar

{
    "localId": "26413698",
    "label": "[Tobacco][S. 1415 Further Modification of Commerce Committee Amendment] [5]",
    "core": "doc",
    "dtoType": "document",
    "citationUrl": "https://catalog.archives.gov/id/26413698"
}

{
    "id": "26413698",
    "sourceUrl": "https://catalog.archives.gov/id/26413698",
    "contentType": "document",
    "title": "[Tobacco][S. 1415 Further Modification of Commerce Committee Amendment] [5]",
    "citationUrl": "https://catalog.archives.gov/id/26413698",
    "collections": [
        "Records of the Domestic Policy Council (Clinton Administration)",
        "Bruce Reed's Tobacco Files"
    ],
    "iiifBase": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/98/4136/26413698/content/presidential-libraries/clinton/foia/2011-0299-S-Tobacco/2011-0299-S-Tobacco-JPG/Box_275/42-t-7367462-20110299S-275-017-2015/42_t_7367462_20110299S_275_017_2015_Page_001.JPG",
    "thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/98/4136/26413698/content/presidential-libraries/clinton/foia/2011-0299-S-Tobacco/2011-0299-S-Tobacco-JPG/Box_275/42-t-7367462-20110299S-275-017-2015/42_t_7367462_20110299S_275_017_2015_Page_001.JPG",
    "largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/98/4136/26413698/content/presidential-libraries/clinton/foia/2011-0299-S-Tobacco/2011-0299-S-Tobacco-JPG/Box_275/42-t-7367462-20110299S-275-017-2015/42_t_7367462_20110299S_275_017_2015_Page_001.JPG",
    "imageCount": 42,
    "hasImages": true,
    "source": "import",
    "hasTranscription": false
}

{
    "url": "https://catalog.archives.gov/id/26413698",
    "naId": 26413698,
    "levelOfDescription": "fileUnit",
    "otherTitles": [
        "42-t-7367462-20110299S-275-017-2015"
    ],
    "recordType": "description",
    "ocrSource": "nara-archive"
}

{
    "seq": 25,
    "pageIndex": 0,
    "type": "photo",
    "url": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/98/4136/26413698/content/presidential-libraries/clinton/foia/2011-0299-S-Tobacco/2011-0299-S-Tobacco-JPG/Box_275/42-t-7367462-20110299S-275-017-2015/42_t_7367462_20110299S_275_017_2015_Page_025.JPG",
    "mediaId": "7432c6079830c34b",
    "ocrText": "``(2) if such action or proceeding is not commenced within 6 months after the first day on which\ncompensation is paid, or the medical care services are provided, by the Secretary in connection\nwith the injury or disease involved, institute and prosecute legal proceedings against the tobacco\nproduct manufacturer who is liable for the injury or disease, in a State or Federal court, either\nalone (in its own name or in the name of the injured veteran, his or her guardian, personal\nrepresentative, estate, dependents, or survivors) or in conjunction with the injured or diseased\nveteran, his or her guardian, personal representative, estate, dependents, or survivors.\n``(c) Credits to appropriations._ Any amount recovered or collected under this section for\ncompensation paid, and medical care services provided, by the Secretary shall be credited to a\nrevolving fund established in the Treasury of the United States known as the Department of\nVeterans Affairs Tobacco Recovery Fund (hereafter called the Fund). The Fund shall be\navailable to the Secretary without fiscal year limitation for purposes of veterans programs,\nincluding administrative costs. The Secretary may transfer such funds as deemed necessary to the\nvarious Department of Veterans Affairs appropriations, which shall remain available until\nexpended.\n``§ § 9102. Regulations\n``(a) Determination and establishment of present value of compensation and medical care\nservices to be paid._ The Secretary may prescribe regulations to carry out this chapter, including\nregulations with respect to the determination and establishment of the present value of\ncompensation to be paid to an injured or diseased veteran or his or her surviving spouse, child, or\nparent, and medical care services provided to a veteran.\n``(b) Settlement, release and waiver of claims._ To the extent prescribed by regulations under\nsubsection (a) of this section, the Secretary may_\n``(1) compromise, or settle and execute a release of, any claim which the Secretary has by virtue\nof the right established by section 9101 of this title; or\n``(2) waive any such claim, in whole or in part, for the convenience of the Government, or if he\nor she determines that collection would result in undue hardship upon the veteran who suffered\nthe injury or disease or his or her surviving spouse, child or parent resulting in payment of\ncompensation, or receipt of medical care services.\n``(c) Damages recoverable for personal injury unaffected. No action taken by the Secretary in\nconnection with the rights afforded under this chapter shall operate to deny to the injured veteran\nor his or her surviving spouse, child or parent the recovery for that portion of his or her damage\nnot covered hereunder.\n``§ 9103. Limitation or repeal of other provisions for recovery ofcompensation and medical care\nservices\n\"This chapter does not limit or repeal any other provision of law providing for recovery by the\nSecretary of the cost of compensation and medical care services described in section 9101 of this"
}