,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ajcig ,,in ,,the ,,house ,,of ,,representatives ,september #ae1 #bjbf,ms4 ,pressley 7for herself1 ,ms4 ,leger ,fernandez1 ,ms4 ,ross1 ,ms4 ,ansari1 ,ms4 ,balint1 ,mrs4 ,beatty1 ,mr4 ,bell1 ,mr4 ,boyle of ,pennsylvania1 ,mr4 ,carbajal1 ,mr4 ,carson1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,correa1 ,mr4 ,costa1 ,ms4 ,dean of ,pennsylvania1 ,ms4 ,dexter1 ,mrs4 ,dingell1 ,mr4 ,frost1 ,mr4 ,garca of ,illinois1 ,mr4 ,garcia of ,california1 ,ms4 ,garcia of ,texas1 ,mrs4 ,grijalva1 ,mr4 ,johnson of ,georgia1 ,ms4 ,kamlager-,dove1 ,ms4 ,lee of ,pennsylvania1 ,mr4 ,lynch1 ,ms4 ,mc,bride1 ,ms4 ,mc,clellan1 ,mrs4 ,mc,iver1 ,mr4 ,menefee1 ,mr4 ,mfume1 ,ms4 ,moore of ,wisconsin1 ,ms4 ,norton1 ,ms4 ,pingree1 ,mr4 ,quigley1 ,mrs4 ,ramirez1 ,ms4 ,randall1 ,ms4 ,salinas1 ,ms4 ,simon1 ,ms4 ,stansbury1 ,mr4 ,thanedar1 ,ms4 ,tlaib1 ,mr4 ,tonko1 ,mr4 ,walkinshaw1 ,ms4 ,wasserman ,schultz1 and ,ms4 ,wilson of ,florida7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 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 violence1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,survivors' ,rights ,restitution ,act of #bjbf4 #b4 ,establishment of program ,there is established the ,survivors' ,rights ,restitution ,program 7referred to in this ,act as the ,program7 to be administered by the ,attorney ,general under which compensation may be paid for the harm and loss described in section #c7;c74 #c4 ,filing of petition 7a7 ,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 ,claims4 ,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 #d4 7b7 ,electronic filing ,the ,united ,states ,court of ,federal ,claims shall ensure that a petition under this section may be filed electronically4 7c7 ,contents ,a petition for compensation under the ,program shall contain-- 7#a7 information demonstrating that the petitioner-- 7,a7 7i7 was a victim of sexual assault1 sexual abuse1 sex trafficking1 or sexual exploitation perpetrated or aided or abetted by ,jeffrey ,epstein or ,ghislaine ,maxwell2 or 7ii7 was a victim of a ,federal offense that involved sexual assault1 sexual abuse1 sex trafficking1 or sexual exploitation1 and with respect to which the ,federal ,government failed to provide the victim with the rights described in section #cgga of title #ah1 ,united ,states ,code2 or 7,b7 is the personal representative of an individual described in subparagraph 7,a71 if such individual is deceased2 7#b7 information concerning the harm that the individual suffered as a result of-- 7,a7 the sexual assault1 sexual abuse1 sex trafficking1 or sexual exploitation described in subparagraph 7,a77i72 or 7,b7 the failure of the ,federal ,government described in subparagraph 7,a77ii71 including harm that the individual suffered as a result of the underlying offense2 7#c7 information concerning any economic and noneconomic losses that the individual suffered as a result of the conduct described in subparagraph 7,a7 of paragraph 7#a72 and 7#d7 information regarding collateral sources of compensation the individual has received or is entitled to receive as a result of the conduct described in subparagraph 7,a7 of paragraph 7#a74 7d7 ,single petition ,not more than #a petition may be submitted under this ,act by an individual or on behalf of a deceased individual4 #d4 ,jurisdiction 7a7 ,in ,general ,the ,united ,states ,court of ,federal ,claims and the ,united ,states ,court of ,federal ,claims special adjudicators shall1 in accordance with this section1 have jurisdiction over proceedings to determine if a petitioner is entitled to compensation under the ,program and the amount of such compensation4 ,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 awarded4 7b7 ,parties 7#a7 ,attorney ,general as respondent ,in all proceedings brought by the filing of a petition under section #c1 the ,attorney ,general shall be named as the respondent1 shall participate1 and shall be represented in accordance with section #eah7;a7 of title #bh1 ,united ,states ,code4 7#b7 ,publication ,within #cj days after the ,attorney ,general receives service of any petition filed under section #c the ,attorney ,general shall publish notice of such petition in the ,federal ,register without any personally identifiable information of the petitioner4 ,the special adjudicator designated with respect to such petition shall afford all interested persons an opportunity to submit relevant1 written information-- 7,a7 relating to the existence of the evidence described in section #c7;c72 or 7,b7 relating to any allegation in a petition with respect to the matters described in section #c7;c77#a74 7c7 ,united ,states ,court of ,federal ,claims special adjudicators 7#a7 ,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 #f special adjudicators4 ,the judges of the ,united ,states ,court of ,federal ,claims shall appoint the special adjudicators1 #a of whom1 by designation of the judges of the ,united ,states ,court of ,federal ,claims1 shall serve as chief special adjudicator4 ,the appointment and reappointment of the special adjudicators shall be by the concurrence of a majority of the judges of the court4 7#b7 ,qualifications ,in making appointments under paragraph 7#a71 the judges of the ,united ,states ,court of ,federal ,claims shall ensure that-- 7,a7 of the individuals appointed1 not fewer than #d are licensed mental health professionals with clinical experience providing trauma-informed care to individuals who have experienced sexual assault1 abuse1 or trafficking2 and 7,b7 the group of individuals appointed reflect1 to the maximum extent practicable1 a balance of expertise in-- 7i7 victim services or advocacy2 7ii7 mental health care2 7iii7 civil rights law or criminal law2 and 7iv7 the administration of complex claims or compensation programs4 7#c7 ,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 misconduct4 7#d7 ,term ,the appointment of any individual as a special adjudicator shall be for a term of #d years1 subject to termination under paragraph 7#c74 7#e7 ,compensation ,the compensation of the special adjudicators shall be determined by the judges of the ,united ,states ,court of ,federal ,claims1 upon advice of the chief special adjudicator4 ,the salary of the chief special adjudicator shall be the annual rate of basic pay for level ,,iv of the ,executive ,schedule1 as prescribed by section #ecae1 title #e1 ,united ,states ,code4 ,the salaries of the other special adjudicators shall not exceed the annual rate of basic pay of level ,v of the ,executive ,schedule1 as prescribed by section #ecaf1 title #e1 ,united ,states ,code4 7#f7 ,duties of chief special adjudicator ,the chief special adjudicator shall be responsible for the following3 7,a7 ,administering the office of special adjudicators and their staff1 providing for the efficient1 expeditious1 and effective handling of petitions1 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 judges4 7,b7 ,appointing and fixing the salary and duties of such administrative staff as are necessary4 ,such staff shall be subject to removal for good cause by the chief special adjudicator4 7,c7 ,managing and executing all aspects of budgetary and administrative affairs affecting the special adjudicators and their staff1 subject to the rules and regulations of the ,judicial ,conference of the ,united ,states4 ,the ,conference rules and regulations pertaining to ,united ,states magistrate judges shall be applied to the special adjudicators4 7,d7 ,coordinating with the ,united ,states ,court of ,federal ,claims the use of services1 equipment1 personnel1 information1 and facilities of the ,united ,states ,court of ,federal ,claims without reimbursement4 7,e7 ,reporting annually to ,congress and the judges of the ,united ,states ,court of ,federal ,claims on the number of petitions filed under section #c and their disposition1 the types and amounts of awards1 the length of time for the disposition of petitions1 the cost of administering the ,program1 and recommendations for changes in the ,program4 7d7 special adjudicators 7#a7 ,designation ,following the receipt and filing of a petition under section #c1 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 7#c74 7#b7 ,rules ,the special adjudicators shall recommend rules to the ,court of ,federal ,claims and1 taking into account such recommended rules1 the ,court of ,federal ,claims shall promulgate rules pursuant to section #bjga of title #bh1 ,united ,states ,code4 ,such rules shall-- 7,a7 provide for a less-adversarial1 expeditious1 and informal proceeding for the resolution of petitions2 7,b7 include flexible and informal standards of admissibility of evidence2 7,c7 include the opportunity for summary judgment2 7,d7 include the opportunity for parties to submit arguments and evidence on the record without requiring routine use of oral presentations1 cross examinations1 or hearings2 and 7,e7 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 ,claims4 7#c7 ,decisions 7,a7 ,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 compensation4 ,the decision of the special adjudicator shall-- 7i7 include findings of fact and conclusions of law2 and 7ii7 be issued as expeditiously as practicable but not later than #abj days1 exclusive of suspended time under subparagraph 7,c71 after the date the petition was filed4 ,the decision of the special adjudicator may be reviewed by the ,united ,states ,court of ,federal ,claims in accordance with subsection 7e74 7,b7 ,conduct of proceeding ,in conducting a proceeding on a petition a special adjudicator-- 7i7 may require such evidence as may be reasonable and necessary2 7ii7 may require the submission of such information as may be reasonable and necessary2 7iii7 may require the testimony of any person and the production of any documents as may be reasonable and necessary2 7iv7 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 #c7;c72 and 7v7 may conduct such hearings as may be reasonable and necessary4 7,c7 ,suspension ,in conducting a proceeding on a petition1 a special adjudicator shall suspend the proceedings one time for #cj days on the motion of either party4 ,after a motion for suspension is granted1 further motions for suspension by either party may be granted by the special adjudicator1 if the special adjudicator determines the suspension is reasonable and necessary1 for an aggregate period not to exceed #aej days4 7#d7 ,limitation on disclosure of information 7,a7 ,in general ,except as provided in subparagraph 7,b71 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 information4 7,b7 ,disclosure of decision ,a decision of a special adjudicator or the court in a proceeding shall be disclosed1 except that if the decision is to include information which is personally identifiable information1 a medical file1 or a similar file the disclosure of which would constitute a clearly unwarranted invasion of privacy1 and if the person who submitted such information objects to the inclusion of such information in the decision1 the decision shall be disclosed without such information4 7e7 ,action by ,united ,states ,court of ,federal ,claims 7#a7 ,motion to review ,upon issuance of the special adjudicator's decision1 the parties shall have #cj days to file with the clerk of the ,united ,states ,court of ,federal ,claims a motion to have the court review the decision4 ,if such a motion is filed1 the other party shall file a response with the clerk of the ,united ,states ,court of ,federal ,claims no later than #cj days after the filing of such motion4 7#b7 ,jurisdiction ,upon the filing of a motion under paragraph 7#a7 with respect to a petition1 the ,united ,states ,court of ,federal ,claims shall have jurisdiction to undertake a review of the record of the proceedings and may thereafter-- 7,a7 uphold the findings of fact and conclusions of law of the special adjudicator and sustain the special adjudicator's decision2 7,b7 set aside any findings of fact or conclusion of law of the special adjudicator found to be arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with law and issue its own findings of fact and conclusions of law2 or 7,c7 remand the petition to the special adjudicator for further action in accordance with the court's direction4 ,the court shall complete its action on a petition within #abj days of the filing of a response under paragraph 7#a7 excluding any days the petition is before a special adjudicator as a result of a remand under subparagraph 7,c74 ,the court may allow not more than #ij days for remands under subparagraph 7,c74 7#c7 ,entry of judgment ,in the absence of a motion under paragraph 7#a7 respecting the special adjudicator's decision or if the ,united ,states ,court of ,federal ,claims takes the action described in paragraph 7#b77;,a7 with respect to the special adjudicator's decision1 the clerk of the ,united ,states ,court of ,federal ,claims shall immediately enter judgment in accordance with the special adjudicator's decision4 7f7 ,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 involved1 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 #fj days of the date of the judgment with such court of appeals within #fj days of the date of entry of the ,united ,states ,claims ,court's judgment with such court of appeals4 #e4 ,review and determination 7a7 ,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 #c7;c74 7b7 ,determination ,not later than #abj days after that date on which a petition is filed under subsection 7a71 the special adjudicator shall complete a review1 make a determination1 and provide written notice to the petitioner1 with respect to the matters that were the subject of the petition under review4 7c7 ,rights of claimant ,a petitioner shall have-- 7#a7 the right to be represented by an attorney2 7#b7 the right to present evidence1 including the presentation of witnesses and documents2 7#c7 any other due process rights determined appropriate by the special adjudicators2 and 7#d7 the right to withdraw the petition4 7d7 ,payments to eligible individuals ,not later than #bj days after a special adjudicator awards compensation to a petitioner1 the ,attorney ,general shall pay such award from amounts in the ,survivors' ,rights ,restitution ,fund established under section #f4 7e7 ,no punitive damages ,a special adjudicator may not include amounts for punitive damages in any compensation awarded under this ,act4 7f7 ,minimum payment amount ,in determining the amount of compensation due to a petitioner1 the special adjudicators shall consider both noneconomic and economic loss1 except that such amount may not be less than #abc1jjj4 7g7 ,attorneys' fees 7#a7 ,in general ,in awarding compensation on a petition filed under section #c the special adjudicator or court shall also award as part of such compensation an amount to cover-- 7,a7 reasonable attorneys' fees2 7,b7 other costs1 incurred in any proceeding on such petition2 and 7,c7 no attorney may charge any fee for services in connection with a petition filed under section #c which is in addition to any amount awarded as compensation by the special adjudicator or court under subparagraph 7,a74 7#b7 ,compensation not awarded ,if the judgment of the ,united ,states ,court of ,federal ,claims on such a petition does not award compensation1 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 brought4 7h7 ,tax and benefit considerations ,any payment made to a claimant under this ,act shall be excluded from calculations of-- 7#a7 gross income 7within the meaning of the ,internal ,revenue ,code of #aihf72 and 7#b7 income for purposes of determining eligibility for means-tested benefits4 #f4 ,establishment of ,survivors' ,rights ,restitution ,fund 7a7 ,in general ,there is established in the general fund of the ,treasury a separate account to be known as the ,survivors' ,rights ,restitution ,fund 7referred to in this section as the ,fund74 7b7 ,deposits ,notwithstanding any other provision of law1 there shall be deposited into the ,fund the following3 7#a7 ,amounts forfeited to the ,united ,states pursuant to section #aeid1 #bbec1 and #bdbh of title #ah1 ,united ,states ,code4 7#b7 ,such amounts as may be contributed by individuals or entities to carry out this ,act4 7c7 ,authorization ,to accept contributions ,the ,fund is authorized to accept amounts described in subsection 7b77#b74 7d7 ,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 ,act4 7e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act4 #g4 ,definition ,in this ,act1 the term special adjudicator means a person appointed in accordance with ,rule #ec of the ,federal ,rules of ,civil ,procedure to exercise the powers of a master4