H.R. 10397 — Survivors’ Rights Restitution Act of 2026

This section establishes the Survivors’ Rights Restitution Program, to be administered by the Attorney General, under which compensation may be paid for the harm and loss described in section 3(c).

This section establishes the process for initiating compensation claims under the Program by filing a petition with the United States Court of Federal Claims and serving the Attorney General. It permits electronic filing and requires each petition to include information demonstrating the petitioner's eligibility as a victim of sexual assault, abuse, trafficking, or exploitation by Jeffrey Epstein or Ghislaine Maxwell, or as a victim of a related federal offense where the government failed to provide rights under 18 U.S.C. 3771, along with details on resulting harm, economic and noneconomic losses, and collateral compensation sources. It limits individuals to one petition.

This section grants the United States Court of Federal Claims and its special adjudicators jurisdiction to determine eligibility for and amounts of compensation under the Program, and authorizes the court to issue orders ensuring prompt payment. It establishes the Office of Special Adjudicators for Survivors Restitution within the court, consisting of at least 6 special adjudicators (of whom at least 4 must be licensed mental health professionals experienced in trauma-informed care for sexual assault, abuse, or trafficking victims), with 4-year terms, removal for cause, and salaries at Executive Schedule levels IV and V. The section requires the Attorney General to publish notice of petitions in the Federal Register within 30 days and directs the chief special adjudicator to administer the office, promulgate less-adversarial rules, and report annually to Congress on petitions, awards, and costs.

This section provides compensation under the Program to petitioners who demonstrate eligibility by a preponderance of the evidence. It requires special adjudicators to complete review and issue written determinations within 120 days of petition filing, mandates payment of awards within 20 days from the Survivors’ Rights Restitution Fund, sets a $123,000 minimum award considering economic and noneconomic losses, prohibits punitive damages, awards reasonable attorneys’ fees and costs, and excludes payments from gross income and means-tested benefit eligibility calculations.

This section establishes the Survivors’ Rights Restitution Fund as a separate Treasury account. It requires deposits of amounts forfeited under sections 1594, 2253, and 2428 of title 18, United States Code, and voluntary contributions, makes the funds available without further appropriation or fiscal year limitation for payments to claimants under the Act, and authorizes such sums as may be necessary.