50 U.S.C. § 4215 — Restitution

Page 1045 TITLE 50—WAR AND NATIONAL DEFENSE § 4215 President is requested to offer pardons to any individuals recommended by the Attorney Gen- eral under subsection (b). (Pub. L. 100–383, title I, § 102, Aug. 10, 1988, 102 Stat. 904.) Editorial Notes REFERENCES IN TEXT Executive Order Numbered 9066, dated February 19, 1942, referred to in subsec. (a)(1), is not classified to the Code. The Act entitled ‘‘An Act to provide a penalty for violation of restrictions or orders with respect to per- sons entering, remaining in, leaving, or committing any act in military areas or zones’’, approved March 21, 1942 (56 Stat. 173), referred to in subsec. (a)(2), is act Mar. 21, 1942, ch. 191, 56 Stat. 173, which was classified to section 97a of former Title 18, Criminal Code and Criminal Procedure, and was repealed by act of June 25, 1948, ch. 645, § 21, 62 Stat. 868 and reenacted as section 1383 of Title 18, Crimes and Criminal Procedure. Sec- tion 1383 of Title 18 was repealed by Pub. L. 94–412, title V, § 501(e), Sept. 14, 1976, 90 Stat. 1258. CODIFICATION Section was formerly classified to section 1989b–1 of the former Appendix to this title prior to editorial re- classification and renumbering as this section. § 4213. 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 4202(a) of this title, any ap- plication by an eligible individual for the res- titution of any position, status, or entitlement lost in whole or in part because of any discrimi- natory 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 sub- section, or establish any eligibility to apply for such restitution. (Pub. L. 100–383, title I, § 103, Aug. 10, 1988, 102 Stat. 905.) Editorial Notes CODIFICATION Section was formerly classified to section 1989b–2 of the former Appendix to this title prior to editorial re- classification and renumbering as this section. § 4214. Trust Fund (a) Establishment There is established in the Treasury of the United States the Civil Liberties Public Edu- cation 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 ac- cordance with section 9702 of title 31. (c) Uses of the Fund Amounts in the Fund shall be available only for disbursement by the Attorney General under section 4215 of this title and by the Board under section 4216 of this title. (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 August 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 liq- uidated and receipts thereof deposited in the Fund and all funds remaining in the Fund shall be deposited in the miscellaneous receipts ac- count in the Treasury. (e) Authorization of appropriations There are authorized to be appropriated to the Fund $1,650,000,000, 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. (Pub. L. 100–383, title I, § 104, Aug. 10, 1988, 102 Stat. 905; Pub. L. 102–371, § 2, Sept. 27, 1992, 106 Stat. 1167.) Editorial Notes CODIFICATION Section was formerly classified to section 1989b–3 of the former Appendix to this title prior to editorial re- classification and renumbering as this section. AMENDMENTS 1992—Subsec. (e). Pub. L. 102–371 substituted ‘‘$1,650,000,000’’ for ‘‘$1,250,000,000’’. Statutory Notes and Related Subsidiaries MAXIMUM AMOUNT AUTHORIZED FOR FUND Pub. L. 101–162, title II, Nov. 21, 1989, 103 Stat. 996, provided that: ‘‘Subject to the provisions of section 104(e) of the Civil Liberties Act of 1988 (Public Law 100–383; 50 U.S.C. App. 1989(b-3(e) [1989b–3(e)]) [now 50 U.S.C. 4214(e)], the maximum amount authorized under such section for any fiscal year is appropriated, from 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 [50 U.S.C. 4214(a)], for payments to eligible individuals under section 105 of that Act [50 U.S.C. 4215].’’ § 4215. Restitution (a) Location and payment of eligible individuals (1) In general Subject to paragraph (7), the Attorney Gen- eral 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 (5), to accept the payment. (2) Location of eligible individuals The Attorney General shall identify and lo- cate, without requiring any application for Page 1046 TITLE 50—WAR AND NATIONAL DEFENSE § 4215 payment and using records already in the pos- session of the United States Government, each eligible individual. The Attorney General should use funds and resources available to the Attorney General, including those de- scribed in subsection (c), to attempt to com- plete such identification and location within 12 months after August 10, 1988. 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 docu- mentation 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 aware- ness campaign, each eligible individual to sub- mit his or her current address to such officer or employee. To the extent that resources re- ferred to in the second sentence of this para- graph are not sufficient to complete the iden- tification and location of all eligible individ- uals, there are authorized to be appropriated such sums as may be necessary for such pur- pose. In any case, the identification and loca- tion of all eligible individuals shall be com- pleted within 12 months after the appropria- tion of funds under the preceding sentence. Failure to be identified and located by the end of the 12-month period specified in the pre- ceding sentence shall not preclude an eligible individual from receiving payment under this section. (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 ma- terial to the determination of eligibility, the benefit of the doubt in resolving each such issue shall be given to such individual. (4) 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 indi- vidual that— (A) acceptance of payment under this sec- tion shall be in full satisfaction of all claims against the United States arising out of acts described in section 4218(2)(B) of this title, and (B) 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 writ- ten 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, 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. (6) Payment in full settlement of claims against the United States The acceptance of payment by an eligible in- dividual under this section shall be in full sat- isfaction of all claims against the United States arising out of acts described in section 4218(2)(B) of this title. 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 with- in 18 months after receiving the notification from the Attorney General referred to in para- graph (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 judgment or a settlement on a claim against the United States for acts described in section 4218(2)(B) of this title, or to any sur- viving spouse, child, or parent of such indi- vidual 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 pay- ment, such payment shall be made to such surviving spouse. (ii) If there is no surviving spouse de- scribed 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 de- scribed in clause (i) and if there are no chil- dren 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 pur- poses set forth in section 4216(b) of this title. (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 pay- ment 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 indi- vidual who was married to that eligible indi- vidual for at least 1 year immediately before the death of the eligible individual; (ii) a ‘‘child’’ of an eligible individual in- cludes 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 in- cludes fathers and mothers through adop- tion. Page 1047 TITLE 50—WAR AND NATIONAL DEFENSE § 4216 (b) Order of payments The Attorney General shall endeavor to make payments under this section to eligible individ- uals in the order of date of birth (with the oldest individual on August 10, 1988 (or, if applicable, that individual’s survivors under paragraph (8)) 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 indi- vidual, the Attorney General may use any facil- ity or resource of any public or nonprofit orga- nization or any other record, document, or infor- mation that may be made available to the At- torney 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 eli- gible individual. (e) Termination of duties of Attorney General The duties of the Attorney General under this section shall cease 180 days after the Fund ter- minates. (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 inter- nal revenue laws of the United States as dam- ages for human suffering; and (2) shall not be included as income or re- sources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of title 31 or available under any other law administered by the Secretary of Veterans Affairs, or for purposes of deter- mining the amount of such benefits. (g) Liability of United States limited to amount in 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 subchapter shall authorize the payment to an eligible individual by the United States Government of any amount au- thorized 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 ex- tent permitted under paragraph (1), be paid in full in the order specified in subsection (b). (h) Judicial review (1) Review by the Court of Federal Claims A claimant may seek judicial review of a de- nial of compensation under this section solely in the United States Court of Federal Claims, which shall review the denial upon the admin- istrative record and shall hold unlawful and set aside the denial if it is found to be arbi- trary, 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 September 27, 1992. (Pub. L. 100–383, title I, § 105, Aug. 10, 1988, 102 Stat. 905; Pub. L. 101–162, title II, § 209(b), Nov. 21, 1989, 103 Stat. 1005; Pub. L. 102–371, §§ 4–6(a), Sept. 27, 1992, 106 Stat. 1167, 1168; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) Editorial Notes CODIFICATION Section was formerly classified to section 1989b–4 of the former Appendix to this title prior to editorial re- classification and renumbering as this section. AMENDMENTS 1992—Subsec. (a)(1). Pub. L. 102–371, § 4(c)(1)(A), sub- stituted ‘‘(7)’’ for ‘‘(6)’’ and ‘‘(5)’’ for ‘‘(4)’’. Subsec. (a)(3). Pub. L. 102–371, § 4(a)(2), added par. (3). Former par. (3) redesignated (4). Subsec. (a)(4). Pub. L. 102–371, § 4(a)(1), (c)(1)(B), redes- ignated par. (3) as (4) and in subpar. (B) substituted ‘‘(5)’’ for ‘‘(4)’’ and ‘‘(6)’’ for ‘‘(5)’’. Former par. (4) redes- ignated (5). Subsec. (a)(5). Pub. L. 102–371, § 4(a)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6). Subsec. (a)(6). Pub. L. 102–371, § 4(a)(1), (c)(1)(C), redes- ignated par. (5) as (6) and substituted ‘‘(5)’’ for ‘‘(4)’’ and ‘‘(4)’’ for ‘‘(3)’’. Former par. (6) redesignated (7). Subsec. (a)(7). Pub. L. 102–371, § 4(a)(1), (c)(1)(D), redes- ignated par. (6) as (7) and substituted ‘‘(8)’’ for ‘‘(6)’’. Former par. (7) redesignated (8). Subsec. (a)(8). Pub. L. 102–371, § 4(a)(1), redesignated par. (7) as (8). Subsec. (b). Pub. L. 102–371, § 4(c)(2), substituted ‘‘(8)’’ for ‘‘(6)’’. Subsec. (e). Pub. L. 102–371, § 5, substituted ‘‘180 days after the Fund terminates’’ for ‘‘when the Fund termi- nates’’. Subsec. (f)(2). Pub. L. 102–371, § 6(a), substituted ‘‘or available under any other law administered by the Sec- retary of Veterans Affairs, or for purposes of deter- mining the’’ for ‘‘, or the’’. Subsec. (h). Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’ in par. (1). Pub. L. 102–371, § 4(b), added subsec. (h). 1989—Subsec. (g). Pub. L. 101–162 added subsec. (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT 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, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall be effective as of August 10, 1988.’’ § 4216. 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 from the Fund in the manner provided in this section. (b) Uses of the Fund The Board may make disbursements from the Fund only— (1) to sponsor research and public edu- cational activities, and to publish and dis-