Civil Liberties Act Amendments of 1992
PL 102-371 (H.R.4551), enacted 09/27/1992

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 ancestrjr". 
SEC. 4. BENEFIT OF THE DOUBT; JUDICIAL REVIEW. 
(a) BENEFIT OF THE DOUBT.—Section 105(a) of the Civil Lib-
erties Act of 1988 (50 U.S.C. App. 1989b-4(a)) is amended— 
(1) by redesignating paragraphs (3) through (7) as para-
graphs (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 imder this section 
solely in the United States Claims Court, which shall review 
the denial upon the administrative record and shall hold unlaw-
ful and set aside the denial if it is foiuid to be arbitrary, 
capricious, an abuse of discretion, or otherwise not in accord-
ance 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 u s e app. 
1989b note. 
106 STAT. 1168 
PUBLIC LAW 102-371—SEPT. 27, 1992 
(A) in paragraph (1)— 
(i) by striking "(6)" and inserting "(7)"; and 
(ii) by striking "(4)" and inserting "(5)"; 
(B) in subparagraph (B) of paragraph (4) (as redesig-
nated by subsection (a)(1) of this section)— 
(i) by striking "(4)" and inserting "(5)"; and 
(ii) by striking "(5)" and inserting "(6)"; 
(C) in paragraph (6) (as redesignated by subsection 
(a)( 1) of this section)— 
(i) by striking "(4)" and inserting "(5)"; and 
(ii) by striking "(3)" and inserting "(4)"; and 
(D) in paragraph (7) (as redesignated by subsection 
(a)(1) of this section) by striking "(6)" and inserting "(8)"; 
and 
(2) in subsection (b) by striking "(6)" and inserting "(8)". 
SEC. 5. TERMINATION OF DUTIES OF ATTORNEY GENERAL. 
Section 105(e) of the Civil Liberties Act of 1988 (50 U.S.C. 
App. 1989b-4(e)) is amended by striking "when the Fund termi-
nates." and inserting "180 days after the Fund terminates.". 
SEC. 6. EXCLUSION OF PAYMENTS AS INCOME FOR VETERANS BENE-
FITS. 
(a) EXCLUSION.—Section 105(f)(2) of the Civil Liberties Act of 
1988 (50 U.S.C. App. 1989b-4(0(2)) is amended by striking out 
", or the" and inserting "or available under any other law adminis-
tered by the Secretary of Veterans Affairs, or for purposes of deter-
mining the". 
50 use app. 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
l989b-4 note. 
ghall be effective as of August 10,1988. 
SEC. 7. COMPLIANCE WITH BUDGET ACT. 
Section 110 of the Civil Liberties Act of 1988 (50 App. 1989b-
50 use app. 
9) is eunended— 
i989b-9. 
(1) by inserting "(a) IN GENERAL.—" before "Subject to"; 
(2) in subsection (a) (as so designated by paragraph (1))— 
(A) in the first sentence, by inserting "and except as 
provided in subsection (b)" after "105(g) of this title"; and 
(B) by striking the second sentence; and 
(3) by adding at the end the following new subsections: 
"(b) PAYMENTS FROM DISCRETIONARY APPROPRIATIONS.— 
"(1) PAYMENTS.—^Any such pa3mient made to an individual 
who is not of Japanese ancestry and who is an eligible individ-
ual on the basis of the amendment made by section 3 of the 
Civil Liberties Act Amendments of 1992 shall not be an entitle-
ment and shall be made from discretionary appropriations. 
"(2) 
AUTHORIZATION 
OF 
APPROPRIATIONS.—^There 
are 
authorized to be appropriated for fiscal year 1993 and each 
subsequent fiscal year such sums as may be necessary for 
the pa3mients from discretionary appropriations described in 
paragraph (1). 
PUBLIC LAW 102-371—SEPT. 27, 1992 
106 STAT. 1169 
"(c) DEFINITIONS.—As used in this section— 
"(1) the term 'discretionary appropriations' has the meaning 
given that term in section 250(c)(7) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(7)); 
and 
"(2) the term 'entitlement' means 'spending authority' as 
defined in section 401(c)(2)(C) of the Congressional Budget Act 
of 1974 (2 U.S.C. 651(cX2)(C)).''. 
Approved September 27, 1992. 
LEGISLATIVE HISTORY—H.R. 4551: 
HOUSE REPORTS: No. 102-863 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Sept. 14, considered and passed House. 
Sept. 16, considered and peissed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Sept. 27, Presidential statement. 
59-194 O—93 
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