Survivors’ Rights Restitution Act of 2026

(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.