Page:United States Statutes at Large Volume 106 Part 2.djvu/287

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PUBLIC LAW 102-371—SEPT. 27, 1992 106 STAT. 1167 Public Law 102-371 102d Congress An Act To amend the Civil Liberties Act of 1988 to increase the authorization for the Trust Fund under that Act, 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 Civil Liberties Act Amendments of 1992". SEC. 2. AUTHORIZATION FOR TRUST FUND. Section 104(e) of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b-3(e)) is amended by striking "$1,250,000,000" and inserting "$1,650,000,000 ". SEC. 3. DEFINITIONS. Section 108(2) of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b-7(2)) is amended in the matter preceding subparagraph (A) by inserting ", or the spouse or a parent of an individual of Japanese ancestry," after "Japanese ancestry". SEC. 4. BENEFIT OF THE DOUBT; JUDICIAL REVIEW. (a) BENEFIT OF THE DOUBT.— Section 105(a) of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b-4(a)) is amended— (1) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and (2) by inserting after paragraph (2) the following: "(3) BENEFIT OF THE DOUBT. —When, after consideration of all evidence and relevant material for determining whether an individual is an eligible individual, there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of eligibility, the benefit of the doubt in resolving each such issue shall be given to such individual.". (b) JUDICIAL REVIEW. —Section 105 of such Act is amended by adding at the end the following: "(h) JUDICIAL REVIEW.— "(1) REVIEW BY THE CLAIMS COURT.—A claimant may seek judicial review of a denial of compensation under this section solely in the United States Claims Court, which shall review the denial upon the administrative record and shall hold unlawful and set aside the denial if it is foiuid to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. " (2) APPLICABILITY. —This subsection shall apply only to any claim filed in court on or after the date of the enactment of this subsection.". (c) CONFORMING AMENDMENTS.— Section 105 of such Act is amended— (1) in subsection (a)— Sept. 27, 1992 [H.R. 4551] Civil Liberties Act Amendments of 1992. 50 USC app. 1989b note.