§ 4215. Restitution

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Civil Liberties Act of 1988

   Pub. L. 100–383 title I § 105 · 102 Stat. 903

   Enacted · 50 U.S.C. § 4215

   Pub. L. 100–383, title I, § 105, Aug. 10, 1988, 102 Stat. 905

   Source evidence

   Code source credit
   Pub. L. 100–383, title I, § 105, Aug. 10, 1988, 102 Stat. 905

   Enacted provision · exact public law section
   SEC. 105. 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 States Government, each eligible individual. The Attorney General should use funds and resources available to the Attorney General, including those described in subsection (c), to attempt to complete such identification and location within 12 months after the date of the enactment of this Act. Any eligible individual may notify the Attorney General that such individual is an eligible individual, and may provide documentation Records. Public information. 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 or employee. Appropriation authorization. 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 all claims against the United States arising out of acts described in section 108(2)(B), 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. (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 the United States arising out of acts described in section 108(2)(B). 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 Claims. 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), 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 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). (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— (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 the enactment of this Act (or, if applicable, that individual’s survivors under paragraph (6)) receiving full payment first), until all eligible individuals nave received payment in full. (c) Resources for Locating Eligible Individuals.— In attempting Records. 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.— 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. (e) 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, or the amount of such benefits.

2. 1989

   Pub. L. 101–162 title II § 209(b) · 103 Stat. 988

   Added · 50 U.S.C. § 4215(g)

   Pub. L. 101–162 added subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 101–162 added subsec. (g).

   Enacted provision · exact public law section
   (b) Section 105 of the Civil Liberties Act of 1988 is amended by 50 USC app. 1989b–4. adding at the end thereof the following: “(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 title 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).

3. 1992

   Civil Liberties Act Amendments of 1992

   Pub. L. 102–371 § 4(c)(1)(A) · 106 Stat. 1167

   1. Substituted · 50 U.S.C. § 4215(a)(1)

      Pub. L. 102–371, § 4(c)(1)(A), substituted “(7)” for “(6)”

   2. Substituted · 50 U.S.C. § 4215(a)(1)

      Pub. L. 102–371, § 4(c)(1)(A), substituted “(5)” for “(4)”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 102–371, § 4(c)(1)(A), substituted “(7)” for “(6)” and “(5)” for “(4)”.

   Enacted provision · exact public law section
   (A) in paragraph (1)— (i) by striking “(6)” and inserting “(7)”; and (ii) by striking “(4)” and inserting “(5)”;

   Effective date note
   Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. Pub. L. 102–371, § 6(b), Sept. 27, 1992, 106 Stat. 1168, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of August 10, 1988.”

4. 1992

   Civil Liberties Act Amendments of 1992

   Pub. L. 102–371 § 4(a)(2) · 106 Stat. 1167

   Redesignated · 50 U.S.C. § 4215(a)(3)

   Pub. L. 102–371, § 4(a)(2), added par. (3). Former par. (3) redesignated (4)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 102–371, § 4(a)(2), added par. (3). Former par. (3) redesignated (4).

   Enacted provision · exact public law section
   (2) by inserting after paragraph (2) the following: “(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.”.

   Effective date note
   Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. Pub. L. 102–371, § 6(b), Sept. 27, 1992, 106 Stat. 1168, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of August 10, 1988.”

5. 1992

   Civil Liberties Act Amendments of 1992

   Pub. L. 102–371 § 4(a)(1) · 106 Stat. 1167

   Redesignated · 50 U.S.C. § 4215(a)(4)

   Pub. L. 102–371, § 4(a)(1), (c)(1)(B), redesignated par. (3) as (4) and in subpar. (B) substituted “(5)” for “(4)” and “(6)” for “(5)”. Former par. (4) redesignated (5)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 102–371, § 4(a)(1), (c)(1)(B), redesignated par. (3) as (4) and in subpar. (B) substituted “(5)” for “(4)” and “(6)” for “(5)”. Former par. (4) redesignated (5).

   Enacted provision · exact public law section
   (1) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and

   Effective date note
   Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. Pub. L. 102–371, § 6(b), Sept. 27, 1992, 106 Stat. 1168, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of August 10, 1988.”

6. 1992

   Civil Liberties Act Amendments of 1992

   Pub. L. 102–371 § 4(a)(1) · 106 Stat. 1167

   Redesignated · 50 U.S.C. § 4215(a)(5)

   Pub. L. 102–371, § 4(a)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6)

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 102–371, § 4(a)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).

   Enacted provision · exact public law section
   (1) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and

   Effective date note
   Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. Pub. L. 102–371, § 6(b), Sept. 27, 1992, 106 Stat. 1168, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of August 10, 1988.”

7. 1992

   Civil Liberties Act Amendments of 1992

   Pub. L. 102–371 § 4(a)(1) · 106 Stat. 1167

   1. Redesignated · 50 U.S.C. § 4215(a)(6)

      Pub. L. 102–371, § 4(a)(1), (c)(1)(C), redesignated par. (5) as (6)

   2. Redesignated · 50 U.S.C. § 4215(a)(6)

      Pub. L. 102–371, § 4(a)(1), (c)(1)(C), substituted “(5)” for “(4)” and “(4)” for “(3)”. Former par. (6) redesignated (7)

   Source evidence

   Code amendment note
   Subsec. (a)(6). Pub. L. 102–371, § 4(a)(1), (c)(1)(C), redesignated par. (5) as (6) and substituted “(5)” for “(4)” and “(4)” for “(3)”. Former par. (6) redesignated (7).

   Enacted provision · exact public law section
   (1) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and

   Effective date note
   Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. Pub. L. 102–371, § 6(b), Sept. 27, 1992, 106 Stat. 1168, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of August 10, 1988.”

8. 1992

   Civil Liberties Act Amendments of 1992

   Pub. L. 102–371 § 4(a)(1) · 106 Stat. 1167

   1. Redesignated · 50 U.S.C. § 4215(a)(7)

      Pub. L. 102–371, § 4(a)(1), (c)(1)(D), redesignated par. (6) as (7)

   2. Redesignated · 50 U.S.C. § 4215(a)(7)

      Pub. L. 102–371, § 4(a)(1), (c)(1)(D), substituted “(8)” for “(6)”. Former par. (7) redesignated (8)

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 102–371, § 4(a)(1), (c)(1)(D), redesignated par. (6) as (7) and substituted “(8)” for “(6)”. Former par. (7) redesignated (8).

   Enacted provision · exact public law section
   (1) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and

   Effective date note
   Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. Pub. L. 102–371, § 6(b), Sept. 27, 1992, 106 Stat. 1168, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of August 10, 1988.”

9. 1992

   Civil Liberties Act Amendments of 1992

   Pub. L. 102–371 § 4(a)(1) · 106 Stat. 1167

   Redesignated · 50 U.S.C. § 4215(a)(8)

   Pub. L. 102–371, § 4(a)(1), redesignated par. (7) as (8)

   Source evidence

   Code amendment note
   Subsec. (a)(8). Pub. L. 102–371, § 4(a)(1), redesignated par. (7) as (8).

   Enacted provision · exact public law section
   (1) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and

   Effective date note
   Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. Pub. L. 102–371, § 6(b), Sept. 27, 1992, 106 Stat. 1168, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of August 10, 1988.”

10. 1992

    Civil Liberties Act Amendments of 1992

    Pub. L. 102–371 § 4(c)(2) · 106 Stat. 1167

    Substituted · 50 U.S.C. § 4215(b)

    Pub. L. 102–371, § 4(c)(2), substituted “(8)” for “(6)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–371, § 4(c)(2), substituted “(8)” for “(6)”.

    Enacted provision · exact public law section
    (2) in subsection (b) by striking “(6)” and inserting “(8)”.

    Effective date note
    Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. Pub. L. 102–371, § 6(b), Sept. 27, 1992, 106 Stat. 1168, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of August 10, 1988.”

11. 1992

    Civil Liberties Act Amendments of 1992

    Pub. L. 102–371 § 5 · 106 Stat. 1167

    Substituted · 50 U.S.C. § 4215(e)

    Pub. L. 102–371, § 5, substituted “180 days after the Fund terminates” for “when the Fund terminates”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–371, § 5, substituted “180 days after the Fund terminates” for “when the Fund terminates”.

    Enacted provision · exact public law section
    SEC. 5. TERMINATION OF DUTIES OF ATTORNEY GENERAL. Section 105(e) of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b–4(e)) is amended by striking “when the Fund terminates.” and inserting “180 days after the Fund terminates.”.

    Effective date note
    Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. Pub. L. 102–371, § 6(b), Sept. 27, 1992, 106 Stat. 1168, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of August 10, 1988.”

12. 1992

    Civil Liberties Act Amendments of 1992

    Pub. L. 102–371 § 6(a) · 106 Stat. 1167

    Substituted · 50 U.S.C. § 4215(f)(2)

    Pub. L. 102–371, § 6(a), substituted “or available under any other law administered by the Secretary of Veterans Affairs, or for purposes of determining the” for “, or the”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 102–371, § 6(a), substituted “or available under any other law administered by the Secretary of Veterans Affairs, or for purposes of determining the” for “, or the”.

    Enacted provision · exact public law section
    (a) Exclusion.— Section 105(f)(2) of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b–4(f)(2)) is amended by striking out “, or the” and inserting “or available under any other law administered by the Secretary of Veterans Affairs, or for purposes of determining the”.

    Effective date note
    Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. Pub. L. 102–371, § 6(b), Sept. 27, 1992, 106 Stat. 1168, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of August 10, 1988.”

13. 1992

    Civil Liberties Act Amendments of 1992

    Pub. L. 102–371 § 4(b) · 106 Stat. 1167

    Added · 50 U.S.C. § 4215(h)

    Pub. L. 102–371, § 4(b), added subsec. (h)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–371, § 4(b), added subsec. (h).

    Enacted provision · exact public law section
    (b) Judicial Review.— Section 105 of such Act is amended by adding at the end the following: “(h) Judicial Review.— “(1) Review by the claims court.— A claimant may seek judicial review of a denial of compensation under this section solely in the United States Claims Court, which shall review the denial upon the administrative record and shall hold unlawful and set aside the denial if it is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. “(2) Applicability.— This subsection shall apply only to any claim filed in court on or after the date of the enactment of this subsection.”.

    Effective date note
    Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. Pub. L. 102–371, § 6(b), Sept. 27, 1992, 106 Stat. 1168, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of August 10, 1988.”

14. 1992

    Court of Federal Claims Technical and Procedural Improvements Act of 1992

    Pub. L. 102–572 title IX § 902(b)(1) · 106 Stat. 4506

    Substituted · 50 U.S.C. § 4215(h)

    Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court” in par. (1)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court” in par. (1).

    Enacted provision · exact public law section
    (1) the “United States Claims Court” shall be deemed to refer to the “United States Court of Federal Claims”; and

    Effective date note
    Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. Pub. L. 102–371, § 6(b), Sept. 27, 1992, 106 Stat. 1168, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of August 10, 1988.”

17 of 17 references resolved to an enrolled provision