Survivors’ Rights Restitution Act of 2026

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 10397 Introduced in House (IH)]

<DOC>

119th CONGRESS 2d Session H. R. 10397

To authorize financial restitution for the violation of rights of survivors of sexual violence, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 15, 2026

Ms. Pressley (for herself, Ms. Leger Fernandez, Ms. Ross, Ms. Ansari, Ms. Balint, Mrs. Beatty, Mr. Bell, Mr. Boyle of Pennsylvania, Mr. Carbajal, Mr. Carson, Ms. Clarke of New York, Mr. Correa, Mr. Costa, Ms. Dean of Pennsylvania, Ms. Dexter, Mrs. Dingell, Mr. Frost, Mr. Garcia of Illinois, Mr. Garcia of California, Ms. Garcia of Texas, Mrs. Grijalva, Mr. Johnson of Georgia, Ms. Kamlager-Dove, Ms. Lee of Pennsylvania, Mr. Lynch, Ms. McBride, Ms. McClellan, Mrs. McIver, Mr. Menefee, Mr. Mfume, Ms. Moore of Wisconsin, Ms. Norton, Ms. Pingree, Mr. Quigley, Mrs. Ramirez, Ms. Randall, Ms. Salinas, Ms. Simon, Ms. Stansbury, Mr. Thanedar, Ms. Tlaib, Mr. Tonko, Mr. Walkinshaw, Ms. Wasserman Schultz, and Ms. Wilson of Florida) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To authorize financial restitution for the violation of rights of survivors of sexual violence, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Survivors' Rights Restitution Act of 2026''.

SEC. 2. ESTABLISHMENT OF PROGRAM.

There is established the Survivors' Rights Restitution Program (referred to in this Act as the ``Program'') to be administered by the Attorney General under which compensation may be paid for the harm and loss described in section 3(c).

SEC. 3. FILING OF PETITION.

(a) In General.--A proceeding for compensation under the Program shall be initiated by service upon the Attorney General and the filing of a petition with the United States Court of Federal Claims. The clerk of the United States Court of Federal Claims shall immediately forward the filed petition to the chief special adjudicator for assignment to a special adjudicator under section 4. (b) Electronic Filing.--The United States Court of Federal Claims shall ensure that a petition under this section may be filed electronically. (c) Contents.--A petition for compensation under the Program shall contain-- (1) information demonstrating that the petitioner-- (A)(i) was a victim of sexual assault, sexual abuse, sex trafficking, or sexual exploitation perpetrated or aided or abetted by Jeffrey Epstein or Ghislaine Maxwell; or (ii) was a victim of a Federal offense that involved sexual assault, sexual abuse, sex trafficking, or sexual exploitation, and with respect to which the Federal Government failed to provide the victim with the rights described in section 3771 of title 18, United States Code; or (B) is the personal representative of an individual described in subparagraph (A), if such individual is deceased; (2) information concerning the harm that the individual suffered as a result of-- (A) the sexual assault, sexual abuse, sex trafficking, or sexual exploitation described in subparagraph (A)(i); or (B) the failure of the Federal Government described in subparagraph (A)(ii), including harm that the individual suffered as a result of the underlying offense; (3) information concerning any economic and noneconomic losses that the individual suffered as a result of the conduct described in subparagraph (A) of paragraph (1); and (4) information regarding collateral sources of compensation the individual has received or is entitled to receive as a result of the conduct described in subparagraph (A) of paragraph (1). (d) Single Petition.--Not more than 1 petition may be submitted under this Act by an individual or on behalf of a deceased individual.

SEC. 4. JURISDICTION.

(a) In General.--The United States Court of Federal Claims and the United States Court of Federal Claims special adjudicators shall, in accordance with this section, have jurisdiction over proceedings to determine if a petitioner is entitled to compensation under the Program and the amount of such compensation. The United States Court of Federal Claims may issue and enforce such orders as the court deems necessary to assure the prompt payment of any compensation awarded. (b) Parties.-- (1) Attorney general as respondent.--In all proceedings brought by the filing of a petition under section 3, the Attorney General shall be named as the respondent, shall participate, and shall be represented in accordance with section 518(a) of title 28, United States Code. (2) Publication.--Within 30 days after the Attorney General receives service of any petition filed under section 3 the Attorney General shall publish notice of such petition in the Federal Register without any personally identifiable information of the petitioner. The special adjudicator designated with respect to such petition shall afford all interested persons an opportunity to submit relevant, written information-- (A) relating to the existence of the evidence described in section 3(c); or (B) relating to any allegation in a petition with respect to the matters described in section 3(c)(1). (c) United States Court of Federal Claims Special Adjudicators.-- (1) Establishment.--There is established within the United States Court of Federal Claims an office of special adjudicators to be known as the ``Office of Special Adjudicators for Survivors Restitution'' which shall consist of not less than 6 special adjudicators. The judges of the United States Court of Federal Claims shall appoint the special adjudicators, 1 of whom, by designation of the judges of the United States Court of Federal Claims, shall serve as chief special adjudicator. The appointment and reappointment of the special adjudicators shall be by the concurrence of a majority of the judges of the court. (2) Qualifications.--In making appointments under paragraph (1), the judges of the United States Court of Federal Claims shall ensure that-- (A) of the individuals appointed, not fewer than 4 are licensed mental health professionals with clinical experience providing trauma-informed care to individuals who have experienced sexual assault, abuse, or trafficking; and (B) the group of individuals appointed reflect, to the maximum extent practicable, a balance of expertise in-- (i) victim services or advocacy; (ii) mental health care; (iii) civil rights law or criminal law; and (iv) the administration of complex claims or compensation programs. (3) Removal.--The chief special adjudicator and other special adjudicators shall be subject to removal by the judges of the United States Court of Federal Claims for incompetency or misconduct. (4) Term.--The appointment of any individual as a special adjudicator shall be for a term of 4 years, subject to termination under paragraph (3). (5) Compensation.--The compensation of the special adjudicators shall be determined by the judges of the United States Court of Federal Claims, upon advice of the chief special adjudicator. The salary of the chief special adjudicator shall be the annual rate of basic pay for level IV of the Executive Schedule, as prescribed by section 5315, title 5, United States Code. The salaries of the other special adjudicators shall not exceed the annual rate of basic pay of level V of the Executive Schedule, as prescribed by section 5316, title 5, United States Code. (6) Duties of chief special adjudicator.--The chief special adjudicator shall be responsible for the following: (A) Administering the office of special adjudicators and their staff, providing for the efficient, expeditious, and effective handling of petitions, and performing such other duties related to the Program as may be assigned to the chief special adjudicator by a concurrence of a majority of the United States Court of Federal Claims judges. (B) Appointing and fixing the salary and duties of such administrative staff as are necessary. Such staff shall be subject to removal for good cause by the chief special adjudicator. (C) Managing and executing all aspects of budgetary and administrative affairs affecting the special adjudicators and their staff, subject to the rules and regulations of the Judicial Conference of the United States. The Conference rules and regulations pertaining to United States magistrate judges shall be applied to the special adjudicators. (D) Coordinating with the United States Court of Federal Claims the use of services, equipment, personnel, information, and facilities of the United States Court of Federal Claims without reimbursement. (E) Reporting annually to Congress and the judges of the United States Court of Federal Claims on the number of petitions filed under section 3 and their disposition, the types and amounts of awards, the length of time for the disposition of petitions, the cost of administering the Program, and recommendations for changes in the Program. (d) Special Adjudicators.-- (1) Designation.--Following the receipt and filing of a petition under section 3, the clerk of the United States Court of Federal Claims shall forward the petition to the chief special adjudicator who shall designate a special adjudicator to carry out the functions authorized by paragraph (3). (2) Rules.--The special adjudicators shall recommend rules to the Court of Federal Claims and, taking into account such recommended rules, the Court of Federal Claims shall promulgate rules pursuant to section 2071 of title 28, United States Code. Such rules shall-- (A) provide for a less-adversarial, expeditious, and informal proceeding for the resolution of petitions; (B) include flexible and informal standards of admissibility of evidence; (C) include the opportunity for summary judgment; (D) include the opportunity for parties to submit arguments and evidence on the record without requiring routine use of oral presentations, cross examinations, or hearings; and (E) provide for limitations on discovery and allow the special adjudicators to replace the usual rules of discovery in civil actions in the United States Court of Federal Claims. (3) Decisions.-- (A) Issuance.--A special adjudicator to whom a petition has been assigned shall issue a decision on such petition with respect to whether compensation is to be provided under the Program and the amount of such compensation. The decision of the special adjudicator shall-- (i) include findings of fact and conclusions of law; and (ii) be issued as expeditiously as practicable but not later than 120 days, exclusive of suspended time under subparagraph (C), after the date the petition was filed. The decision of the special adjudicator may be reviewed by the United States Court of Federal Claims in accordance with subsection (e). (B) Conduct of proceeding.--In conducting a proceeding on a petition a special adjudicator-- (i) may require such evidence as may be reasonable and necessary; (ii) may require the submission of such information as may be reasonable and necessary; (iii) may require the testimony of any person and the production of any documents as may be reasonable and necessary; (iv) shall afford all interested persons an opportunity to submit relevant written information relating to any allegation in a petition with respect to the matters described in section 3(c); and (v) may conduct such hearings as may be reasonable and necessary. (C) Suspension.--In conducting a proceeding on a petition, a special adjudicator shall suspend the proceedings one time for 30 days on the motion of either party. After a motion for suspension is granted, further motions for suspension by either party may be granted by the special adjudicator, if the special adjudicator determines the suspension is reasonable and necessary, for an aggregate period not to exceed 150 days. (4) Limitation on disclosure of information.-- (A) In general.--Except as provided in subparagraph (B), information submitted to a special adjudicator or the court in a proceeding on a petition may not be disclosed to a person who is not a party to the proceeding without the express written consent of the person who submitted the information. (B) Disclosure of decision.--A decision of a special adjudicator or the court in a proceeding shall be disclosed, except that if the decision is to include information which is personally identifiable information, a medical file, or a similar file the disclosure of which would constitute a clearly unwarranted invasion of privacy, and if the person who submitted such information objects to the inclusion of such information in the decision, the decision shall be disclosed without such information. (e) Action by United States Court of Federal Claims.-- (1) Motion to review.--Upon issuance of the special adjudicator's decision, the parties shall have 30 days to file with the clerk of the United States Court of Federal Claims a motion to have the court review the decision. If such a motion is filed, the other party shall file a response with the clerk of the United States Court of Federal Claims no later than 30 days after the filing of such motion. (2) Jurisdiction.--Upon the filing of a motion under paragraph (1) with respect to a petition, the United States Court of Federal Claims shall have jurisdiction to undertake a review of the record of the proceedings and may thereafter-- (A) uphold the findings of fact and conclusions of law of the special adjudicator and sustain the special adjudicator's decision; (B) set aside any findings of fact or conclusion of law of the special adjudicator found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law and issue its own findings of fact and conclusions of law; or (C) remand the petition to the special adjudicator for further action in accordance with the court's direction. The court shall complete its action on a petition within 120 days of the filing of a response under paragraph (1) excluding any days the petition is before a special adjudicator as a result of a remand under subparagraph (C). The court may allow not more than 90 days for remands under subparagraph (C). (3) Entry of judgment.--In the absence of a motion under paragraph (1) respecting the special adjudicator's decision or if the United States Court of Federal Claims takes the action described in paragraph (2)(A) with respect to the special adjudicator's decision, the clerk of the United States Court of Federal Claims shall immediately enter judgment in accordance with the special adjudicator's decision. (f) Appeals.--The findings of fact and conclusions of law of the United States Court of Federal Claims on a petition shall be final determinations of the matters involved, except that the Attorney General or any petitioner aggrieved by the findings or conclusions of the court may obtain review of the judgment of the court in the United States court of appeals for the Federal Circuit upon petition filed within 60 days of the date of the judgment with such court of appeals within 60 days of the date of entry of the United States Claims Court's judgment with such court of appeals.

SEC. 5. REVIEW AND DETERMINATION.

(a) Review.--Compensation shall be awarded under the Program to a petitioner if the special adjudicator or court finds on the record as a whole that the individual has demonstrated by a preponderance of the evidence the matters required in the petition by section 3(c). (b) Determination.--Not later than 120 days after that date on which a petition is filed under subsection (a), the special adjudicator shall complete a review, make a determination, and provide written notice to the petitioner, with respect to the matters that were the subject of the petition under review. (c) Rights of Claimant.--A petitioner shall have-- (1) the right to be represented by an attorney; (2) the right to present evidence, including the presentation of witnesses and documents; (3) any other due process rights determined appropriate by the special adjudicators; and (4) the right to withdraw the petition. (d) Payments to Eligible Individuals.--Not later than 20 days after a special adjudicator awards compensation to a petitioner, the Attorney General shall pay such award from amounts in the Survivors' Rights Restitution Fund established under section 6. (e) No Punitive Damages.--A special adjudicator may not include amounts for punitive damages in any compensation awarded under this Act. (f) Minimum Payment Amount.--In determining the amount of compensation due to a petitioner, the special adjudicators shall consider both noneconomic and economic loss, except that such amount may not be less than $123,000. (g) Attorneys' Fees.-- (1) In general.--In awarding compensation on a petition filed under section 3 the special adjudicator or court shall also award as part of such compensation an amount to cover-- (A) reasonable attorneys' fees; (B) other costs, incurred in any proceeding on such petition; and (C) no attorney may charge any fee for services in connection with a petition filed under section 3 which is in addition to any amount awarded as compensation by the special adjudicator or court under subparagraph (A). (2) Compensation not awarded.--If the judgment of the United States Court of Federal Claims on such a petition does not award compensation, the special adjudicator or court may award an amount of compensation to cover petitioner's reasonable attorneys' fees and other costs incurred in any proceeding on such petition if the special adjudicator or court determines that the petition was brought in good faith and there was a reasonable basis for the claim for which the petition was brought. (h) Tax and Benefit Considerations.--Any payment made to a claimant under this Act shall be excluded from calculations of-- (1) gross income (within the meaning of the Internal Revenue Code of 1986); and (2) income for purposes of determining eligibility for means-tested benefits.

SEC. 6. ESTABLISHMENT OF SURVIVORS' RIGHTS RESTITUTION FUND.

(a) In General.--There is established in the general fund of the Treasury a separate account to be known as the ``Survivors' Rights Restitution Fund'' (referred to in this section as the ``Fund''). (b) Deposits.--Notwithstanding any other provision of law, there shall be deposited into the Fund the following: (1) Amounts forfeited to the United States pursuant to section 1594, 2253, and 2428 of title 18, United States Code. (2) Such amounts as may be contributed by individuals or entities to carry out this Act. (c) Authorization To Accept Contributions.--The Fund is authorized to accept amounts described in subsection (b)(2). (d) Availability of Funds.--Amounts in the Fund shall be available without further appropriation and without fiscal year limitation to make payments to claimants under this Act. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this Act.

SEC. 7. DEFINITION.

In this Act, the term ``special adjudicator'' means a person appointed in accordance with Rule 53 of the Federal Rules of Civil Procedure to exercise the powers of a master. <all>