House of Reps. - Conference Report

              SEC. 104. TRUST FUND.
(a) Establishment.—There is established in the Treasury of the
United States the Civil Liberties Public Education 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 accordance with section 9702 of title 31,
United. States Code.
(c) Uses of the Fund.—Amounts in the Fund shall be available
only for disbursement Jby_t he Attorney General under section 105
and by the Board under sectionTl06.
(d) JjEEMINATion.—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 the date of the enactment of this Act. 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 liquidated
and receipts thereof deposited in the Fund and all funds remaining
in the Fund shall be deposited in the miscellaneous receipts account
in the Treasury.
(e) Authorization of Appropriations.—There are authorized to
be appropriated to the Fund JtUJ25j£000,000, of which notjnprejhan.
$500000,000 may be appropriated forjany fiscal year. Any amounts
appropriated pursuant to this sectwn~aTe^~autKorized to remain
available until expended.
SEC. 105. RESTITUTION.
(a) Location and Payment of Eligible Individuals.—
(1) In general.—Subject to paragraph (6), the Attorney Gen-
eral shall, subject to the availability of funds appropriated to
Ch~e Fund for such purpose, pay out of the Fund to each eligible
j^ividualjjie_sumj)f^^ such individual refuses,
TnTKe mannerdescrwed in paragraph (4), to accept the payment.
(2) Location of ErrgrmF. f/vnrt/rnr^rg — 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 Generaf that such individual is an eligible individual, and may providejlocumentatiori
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_sjjJbmit his or her currenfaddress, to suchTofficer or employee.
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 ap^
propriation 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 underthis~ sectionTSach nvtice 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 acls~des~cribedrin section 108(2XB), 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 pay-
ment 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
lection 1u8(2aB). 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
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 isdeceased 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