< Back to H.R. 442 (100th Congress, 1987–1988)

Text of the Civil Liberties Act of 1987

This bill was enacted after being signed by the President on August 10, 1988. The text of the bill below is as of Aug 10, 1988 (Passed Congress/Enrolled Bill).

PUBLIC LAW 100-383—AUG. 10,1988                                 102 STAT. 903
Public Law 100-383
100th Congress
                                An Act
  To implement recomn^ndations of the Commission on Wartime Relocation and      Aug. 10. 1988
                          Internment of Civilians.                               [H.R. 442]
 Be it enacted by the Senate and House of Representatives of the
United States ofAmerica in Congress assembled,                   Human rights.
SECTION 1. PURPOSES.                                                           50 u s e app.
                                                                               1989.
  The purposes of this Act are to—
       (1) acknowledge the fundamental injustice of the evacuation,
    relocation, and mtemment of United States citizens and perma-
    nent resident aliens of Japanese ancestry during World War II;
       (2) apologize on behalf of the people of the United States for
    the evacuation, relocation, and internment of such citizens and
    permanent resident aliens;
       (3) provide for a public education fund to finance efforts to Public
    inform the public about the internment of such individuals so as information.
    to prevent the recurrence of any similar event;
       (4) make restitution to those individuals of Japanese ancestry
    who were interned;
       (5) make restitution to Aleut residents of the Pribilof Islands
    and the Aleutian Isleuids west of Unimak Island, in settlement
    of United States obligations in equity and at law, for—
            (A) injustices suffered and unreasonable hardships en-
         dured while those Aleut residents were imder United States
         control during World War 11;
            (B) personal property taken or destroyed by United States Real property.
         forces during World War II;
            (C) community property, including community church
         property, taken or destroyed by United States forces during
         World War H; and
            (D) traditional vlQage lands on Attu Island not rehabili-
         tated after World War II for Aleut occupation or other
          productive use;
       (6) discourage the occurrence of similar injustices and viola-
    tions of civil liberties in the future; and
       (7) make more credible and sincere any declaration of concern
   by the United States over violations of human rights committed
   by other nations.
SEC. 2. STATEMENT OF THE CONGRESS.                                             50 u s e app.
                                                                               1989a.
  (a) WITH REGARD TO INDIVIDUALS OF JAPANESE ANCESTRY.—The
Congress recognizes that, as described by the Commission on War-
time Relocation and Internment of Civilians, a grave injustice was
done to both citizens and permanent resident aliens of Japanese
ancestry by the evacuation, relocation, and internment of civilians
during World War 11. As the Commission documents, these actions
were carried out without adequate security reasons and without any
acts of espionage or sabotage documented by the Commission, and
were motivated largely by racial prejudice, wartime hysteria, and a

102 STAT. 904 PUBLIC LAW 100-383—AUG. 10, 1988 failure of political leadership. The excluded individuals of Japanese ancestry suffered enormous damages, both material and intangible, and there were incalculable losses in education and job training, all of which resulted in significant human suffering for which appro- priate compensation has not been made. For these fundamental violations of the basic civil liberties and constitutional rights of these individuals of Japanese ancestry, the Congress apologizes on behalf of the Nation. (b) WITH RESPECT TO THE ALEUTS.—^The Congress recognizes that, as described by the Commission on Wartime Relocation and Intern- ment of Civilians, the Aleut civilian residents of the Pribilof Islands and the Aleutian Islands west of Unimak Island were relocated during World War 11 to temporary camps in isolated r^ons of southeast Alaska where they remained, under United States control and in the care of the United States, until long after any potential danger to their home villages had passed. The United States failed to provide reasonable care for the Aleuts, and this resulted in widespread iUness, disease, and death among the residents of the camps; and the United States further failed to protect Aleut per- sonal and community property while such property was in its possession or under its control. The United States has not com- pensated the Aleuts adequately for the conversion or destruction of personal property, and the conversion or destruction of community property caused by the United States military occupation of Aleut villages during World War II. There is no remedy for injustices suffered by the Aleuts during World War n except an Act of Congress providing appropriate compensation for those losses which are attributable to tjie conduct of United States forces and other ofiQcials and employees of the United States. Civil Liberties Act of 1988. TITLE I—UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT JAPANESE ALIENS 50 u s e app. SEC 101. SHORT TITLE. 1989b. This title may be cited as the "Qvil Liberties Act of 1988". 50 u s e app. SEC 102. REMEDIES WITH RESPECT TO CRIMINAL CONVICTIONS. 1989b-l. (a) REVIEW OP CONVICTIONS.—The Attorney General is requested to review any case in which an individual living on the date of the enactment of this Act was, while a United Stat^ citizen or perma- nent resident alien of Japanese ancestiy, convicted of a violation of— (1) Executive Order Numbered 9066, dated February 19,1942; (2) the Act entitled "An Act to provide a penalty for violation of restrictions or orders with respect to persons entering, remaining in, leaving, or committing any act in military areas or zones", approved March 21,1942 (56 Stat. 173); or (3) any other Executive order, Presidential proclamation, law of tjie United States, directive of the Armed Forces of the United States, or other action taken by or on behalf of the United States or its agents, representatives, officers, or em- ployees, respecting the evacuation, relocation, or internment of individuals solely on the basis of Japanese ancestry;
PUBLIC LAW 100-383—AUG. 10,1988 102 STAT. 905 on account of the refusal by such individual, during the evacuation, relocation, and internment period, to accept treatment which discriminated against the individual on the basis of the individual's Japanese ancestry. (b) RECOMMENDATIONS FOR PARDONS.—^Based upon any review under subsection (a), the Attorney General is requested to rec- ommend to the President for pardon consideration those convictions which the Attorney General considers appropriate. (c) ACTION BY THE PRESIDENT.—In consideration of the statement oftibeCongress set forth in section 2(a), the President is requested to ofTer psurdons to any individuals recommended by the Attorney General under subsection (b). SEC 103. CONSIDERATION OF COMMISSION FINDINGS BY DEPARTMENTS 50 u s e app. AND AGENCIES. 1989b-2. (a) REVIEW OF APPUCATIONS BY EUGIBLE INDIVTOUALS.—Each department and agency of the United States Government shall review with liberality, giving full consideration to the findings of the Commission and the statement of the Congress set forth in section 2(a), any application by an eligible individual for the restitution of any position, status, or entitlement lost in whole or in part because of any discrhninatory act of the United States (jlovemment against such individual which was based upon the individual's Japanese ancestry and which occurred during the evacuation, relocation, and internment period. (b) No NEW AuTHORrry CREATED.—Subsection (a) does not create any authority to grant restitution described in that subsection, or establish any eligibility to apply for such restitution. SEC. 104. TRUST FUND. 50 u s e app. 1989b-3. (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) INVESTBCENT 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 oi^y for disbursement by the Attorney General under section 105 and by the Board under section 106. (d) TERMINATION.—^The Fund shall terminate not later than the earher of the date on which an amount has been expendedfromthe 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 $1,250,000,000, of which not more than $500,000,000 may be appropriated for any fiscal year. Any amounts appropriated pursuant to this section are authorized to remain avaikuble until expended. SEC lOS. RESTITUTION. 50 u s e app. 1989b-4. (a) LOCATION AND P A Y M E N T OF EuGiBLB INDIVIDUALB.—
102 STAT. 906 PUBLIC LAW 100-383—AUG. 10, 1988 (1) I N GENERAL.—Subject to paragraph (6), the Attorney Gen- eral shall, subject to the availability of funds appropriated to the Fund for such purpose, pay out of the Fund to each eligible individual the sum of $20,000, unless such individual refuses, in the manner described in paragraph (4), to accept the payment. (2) LOCATION OF EUGIBLE INDIVIDUALS.—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 Attor- ney 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 General that such individ- ual is an eligible individual, and may provide documentetion Records. therefor. The Attorney General shall designate an officer or Public employee to whom such notification and documentation may be information. sent, shall maintain a list of all individuals who submit such notification and documentation, and shall, subject to the avail- ability of funds appropriated for such purpose, encourage, through a public awareness campaign, each eligible individual to submit his or her current address to such officer or employee. Appropriation To the extent that resources referred to in the second sentence authorization. of this paragraph are not sufficient to complete the identifica- tion 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 appropriation of fUnds under the preceding sentence. Fail- ure to be identified and located by the end of the 12-month period specified in the preceding sentence shall not preclude an eligible individual fh)m receiving payment under this section. (3) NoncE FROM THE ATTORNEY GENERAL.—^The Attorney Gen- eral shall, when funds are appropriated to the Fund for pay- ments to an eligible individual under this section, notify that eligible individual in writing of his or her eligibility for pay- ment under this section. Such notice shall inform the eligible individual that— Claims. (A) acceptance of payment under this section shall be in full satisfaction of all claims against the United States arising out of acts described in section 108(2XB), and CB) each eligible individual who does not refuse, in the manner described in paragraph (4), to accept payment under this section within 18 montiis 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 Attor- ney General, to accept any payment under this section, the amount of such payment shall remain in the Fund and no payment 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 fiill satisfaction of all claims against the United States arising out of acts described in section 108(2XB). Tliis paragraph shall apply to any eligible
PUBLIC LAW 100-383—AUG. 10, 1988 102 STAT. 907 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 (len- eral referrexi to in paragraph (3). (6) EbCCLUSION OF CERTAIN INDIVIDUALS.—No p a y m e n t m a y b e Claims. made under this section to any individual who, after Septem- ber 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(2XB), or to any surviving spouse, chUd, or parent of such individual to whom paragraph (6) applies. (7) PAYMENTS IN THE CASE OP DECEASED PERSONS.—(A) In the case of an eligible individual who is deceased 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 of the eligible individual who are living at the time of payment. (iii) If there is no surviving spouse described in clause (i) and if there are no children described in clause (ii), such payment shall be made in equal shares to the parents of the eligible individual who are living at the time of payment. If there is no surviving spouse, children, or parents described in clauses (i), (ii), and (iii), the amount of such payment shall remain in the Fund, and may be used only for the purposes set forth in section 106(b). (B) After the death of an eligible individual, this subsection and subsections (c) and (f) shall apply to the individual or individuals specified in subparagraph (A) to whom payment under this s ^ i o n will be made, to the same extent as such subsections apply to the eligible individual. (CD For purposes of this paragraph— (i) the spouse" of an e d i b l e individual means a wife or husband of an eligible individual who was married to that eligible individual for at least 1 year immediately before the death of the eligible individual; (ii) a ''child" of an eligible individual includes a recog- nized natural child, a stepchild who lived with the eligible individual in a r^ular parent<:hild relationship, and an adopted child; and (iii) a "parent" of an eligible individual includes fathers and mothers through adoption. (b) ORDER OF PAYMENTS.—^The Attorney General shall endeavor to make payments under this section to eligible individuals in the order of date of birth (with the oldest individual on the date of the enactment of this Act (or, if applicable, that individual's survivors under paragraph (6)) receiving rail payment first), until all eligible individuals have received payment in rail. (c) RESOURCES FOR LOCATING EUGIBLE INDIVIDUALS.—In attempt- Records. ing to locate any eligible individual, the Attorney General may use any facility or resource of any public or nonprofit organization or any other record, document, or information that may be made available to the Attorney General.
102 STAT. 908 PUBLIC LAW 100-383—AUG. 10, 1988 (d) ADMINISTRATIVE C!O6TS NOT PAID FROM THE FUND.—No costs incurred by the Attorney General in carrying out this section shall be paid from the Fund or set off against, or otherwise deducted from, any payment under this section to any eligible individual. (e) TERMINATION OF DUTIES OF ATTORNEY GENERAL.—^The duties of the Attorney General under this section shall cease when the Fund terminates. (f) CLARIFICATION OF TREATMENT OF PAYMENTS UNDER OTHER LAWS.—^Amounts paid to an eligible individual under this section— (1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and (2) shall not be included as income or resources for purposes of determining eligibility to receive benefits described in section 3803(cX2XO of title 31, United States Code, or the amount of such benefits. 50 u s e app. SEC 106. BOARD OF DIRECTORS OF THE FUND. 1989b-5. (a) EsTABUSHBfENT.—There is established the Civil Liberties Public Education Fund Board of Directors, which shall be respon- sible for making disbursements from the Fund in tlie manner provided in this section. (b) USES OF FUND.—^The Board may make disbursements from the Fund only— Research and (1) to sponsor research and public educational activities, and development. to publi^ and distribute the hearii^, findings, and rec- Education. ommendations of the Commission, so that the events surround- Public ing the evacuation, relocation, and internment of United States information. citizens and permanent resident aliens of Japanese ancestry will be remembered, and so that the causes and circumstances of this and similar events may be iUuminat^ and understood; and (2) for reasonable administrative expenses of the Board, including expenses incurred under subsections (cX3), (d), and (e). (c) MEMBERSHIP.— (1) APPOINTMENT.—The Board shall be composed of 9 mem- bers appointed by the President, by and with the advice and consent of the Senate, from individuals who are not officers or employees of the United States Government. (2) TERMS.—(A) Except as provided in subparagraphs (B) and (C), members shall be appointed for terms of 3 years. (B) Of the members first appointed— (i) 5 shall be appointed for terms of 3 years, and (ii) 4 shall be appointed for terms of 2 years, as designated by the President at the time of api>ointment. (Q Any member appointed to fill a vacancy occurring before the expiration of the term for which such member's predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of such mem- ber's term until such member's successor has taken office. No individual may be appointed as a member for more than 2 consecutive terms. (3) COMPENSATION.—Members of the Board shall serve with- out pay, except that members of the Board shall be entitled to reimbursement for travel, subsistence, and other necessary ex- penses incurred by them in carrying out the functions of the Board, in the same manner as persons employed intermittently
PUBLIC LAW 100-383—AUG. 10, 1988 102 STAT. 909 in the United States Government are allowed expenses under section 5703 of title 5, United States Code. (4) QUORUM.—5 members of the Board shall constitute a quorum but a lesser number may hold hearings. (5) CHAIR.—The Chair of the Board shall be elected by the members of the Board. (d) DIRECTOR AND STAFF.— (1) DIRECTOR.—^The Board shall have a Director who shall be appointed by the Board. (2) ADDITIONAL STAFF.—^The Board may appoint and fix the pay of such additional staff as it may require. (3) APPUCABIUTY OF CIVIL SERVICE LAWS.—The Director and the additional staff of the Board may be appointed without regard to section 531 lOa) of title 5, United States Code, and without r^ard to the provisions of such title governing appoint- ments in the competitive service, and may be paid without r^ard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the compensation of any em- ployee of the Board may not exceed a rate equivalent to the minimum rate of basic pay payable for GS-18 of the General Schedule under section 5332(a) of such title. (e) ADMINISTRATIVE SUPPORT SERVICES.—^The Administrator of General Services shall provide to the Board on a reimbursable basis such administrative support services as the Board may request. (f) GIFTS AND DONATIONS.—^The Board may accept, use, and dis- pose of gifts or donations of services or property for purposes authorized under subsection (b). (g) ANNUAL REPORTS.—Not later than 12 months after the first meeting of the Board and every 12 months thereafter, the Board shall transmit to the President and to each House of the Congress a report describing the activities of the Board. (h) TERMINATION.—90 days after the termination of the Fund, the Board shall terminate and all obligations of the Board under this section shall cease. SEC. 107. DOCUMENTS RELATING TO THE INTEKNBIENT. 50 u s e app. 1989b-6. (a) PRESERVATION OF DOCUMENTS IN NATIONAL ARCHIVES.—All documents, personal testimony, and other records created or re- ceived by the Commission during its inquiry shall be kept and maintained by the Archivist of the United States who shall preserve such documents, testimony, and records in the National Archives of the United States. The Archivist shaU make such documents, testi- Public mony, and records available to the public for research purposes. information. (b) PuBuc AVAILABILITY OF CERTAIN RECORDS OF THE HOUSE OF REPRESENTATIVES.—(1) The Clerk of the House of Representatives is authorized to permit the Archivist of the United States to make available for use records of the House not classified for national security purposes, which have been in existence for not less than thirty years, relating to the evacuation, relocation, and internment of individuals during the evacuation, relocation, and internment period. (2) This subsection is enacted as an exercise of the rulemaking power of the House of Representatives, but is applicable only with respect to the availability of records to which it applies, and super- sedes other rules only to the extent that the time limitation estab- lished by this section with respect to such records is specificsdly
102 STAT. 910 PUBLIC LAW 100-383—AUG. 10, 1988 inconsisteiit with such rules, and is enacted with full recognition of the constitutional right of the House to change its rules at any time, in the same manner and to the same extent as in the case of any other rule of the House. SOUSCapp. SEC 108. DEFINITIONS. For the purposes of this title— (1) tiie term "evacuation, relocation, and internment period" means that period b^inning on December 7, 1941, and ending on June 30,1946; (2) the term "eligible individual" means any individual of Japanese ancestry who is living on the date of the enactment of this Act and who, during the evacuation, relocation, and intern- ment period— (A) was a United States citizen or a permanent resident ahen; and (BXi) was confined, held in custody, relocated, or other- wise deprived of liberty or property as a result of—• (0 Executive Order Numbered 9066, dated Febru- ary 19,1942; (ID the Act entitled "An Act to provide a penalty for violation of restrictions or orders with respect to per- sons entering, remaining in, leaving, or committiny^ any act in military areas or zones", approved March 21, 1942 (56 Stat 173); or (HI) any other Executive order. Presidential proclamation, law of the United States, directive of the Armed Forces of the United States, or other action taken by or on behalf of the United States or its agents, representatives, officers, or employees, respecting the evacuation, relocation, or internment of individuals solely on the basis of Japanese ancestry; or (ii) was enrolled on the records of the United States Government during the period b^^inning on December 7, 1941, and ending on June 30,1946, as being in a prohibited military zone; except that the term "eligible individual" does not include any individual who, during the period beginning on December 7, 1941, and ending on September 2, 1945, relocated to a country while the UnitedStates was at war with that countr]^ (3) the term "permanent resident alien" means an alien lawfully admitted into the United States for permanent residence; (4) the term 'Tund" means the Civil Liberties Public Edu- cation Fund established in section 104; (5) the term "Board" means the Qvil Liberties Public Edu- cation Fund Board of Directors established in section 106; and (6) the term "Commission** means the Commission on War- time Relocation and Internment of Civilians, established by the Commission on Wartime Relocation and Internment of Civilians Act (Public Law 96-317; 50 US.C. App. 1981 note). 50 u s e app. SEC 109. COMPLIANCE WITH BUDGET ACT. Contracts ^ ^ authority under this title to enter into contracts or to make payinents shall be effective in any fiscal year except to sudi extent and in such amounts as are provided in advance in appropriations Acts. In any fiscal year, total benefits conferred by this title shall be
PUBLIC LAW 100-383—AUG. 10, 1988 102 STAT. 911 limited to an amount not in excess of the appropriations for such fiscal year. Any provision of this title which, directly or indirectly, Effective date. authorizes the enactment of new budget authority shall be effective only for tiBcal year 1989 and thereafter. TITLE II—ALEUTIAN AND PRIBILOF Aleutian and Pribilof Islands ISLANDS RESTITUTION Restitution Act. Alaska. SEC. 201. SHORT TITLE. 50 u s e app. 1989c. This title may be cited as the 'Aleutian and Pribilof Islands Restitution Act". SEC. 202. DEFINITIONS. 50 u s e app. 1989C-1. As used in this title— (1) the term "Administrator" means the person appointed by the Secretary under section 204; (2) the term "affected Aleut villages" means the surviving Aleut villages of Akutan, Atka, Nikolski, Saint George, Saint Paul, and Unalaska, and the Aleut village of Attu, Alaska; (3) the term "Association" means the Aleutian/Pribilof Is- lands Association, Inc., a nonprofit r ^ o n a l corporation estab- lished for the benefit of the Aleut people and organized under the laws of the State of Alaska; (4) the term "Corporation" means the Aleut Corporation, a for-profit r ^ o n a l corporation for the Aleut r ^ o n organized under the laws of the State of Alaska and established under section 7 of the Alaska Native Claims Settlement Act (Public Law 92-203; 43 U.S.C. 1606); (5) the term "eligible Aleut" means any Aleut living on the date of the enactment of this Act— (A) who, as a civilian, was relocated by authority of the United States from his or her home village on the Pribilof Islands or the Aleutian Islands west of Unimak Island to an internment camp, or other temporary facility or location, during World War 11; or (B) who was bom while his or her natural mother was subject to such relocation; (6) the term "Secretary" means the Secretary of the Interior; (7) the term "Fund" means the Aleutian and Pribilof Islands Restitution Fund established in section 203; and (8) the term "World War 11" means the period beginning on December 7,1941, and ending on September 2,1945. SEC 203. ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION FUND. 50 u s e app. 1989C-2. (a) ESTABLISHMENT.—There is established in the Treasury of the United States the Aleutian and Pribilof Islands Restitution Fund, which shaU be administered by the Secretary. The Fund shall consist of amounts appropriated to it pursuant to this title. (b) REPORT.—^The Secretary shall report to the Congress, not later than 60 days after the end of each fiscal year, on the financial condition of the Fund, and the results of operations of the Fund, during the preceding fiscal year and on the expected financial condition and operations of the Fund during the current fiscal year. (c) INVESTMENT.—Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code.
102 STAT. 912 PUBLIC LAW 100-383—AUG. 10, 1988 (d) TERMINATION.—The Secretary shall terminate the Fund 3 years after the date of the enactment of this Act, or 1 year following disbursement of all payments from the Fund, as authorized by this Securities. title, whichever occurs later. On the date the Fund is terminated, all i n v ^ m e n t s of amounts in the Fund shall be liquidated by the Secretary 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. 50 u s e app. SEC. 204. APPOINTMENT OF ADMINISTRATOR 1989C-3. Contracts. As soon as practicable after the date of the enactment of this Act, the Secretary shall ofTer to undertake n^otiations with the Associa- tion, leading to the execution of an agreement with the Association to serve as Administrator under this title. The Secretary may appoint the Association as Administrator if such agreement is reached within 90 days after the date of the enactment of this title. K no such agreement is reached within such period, the Secretary shall appoint another person as Administrator under tins title, after consultation with leaders of affected Aleut villages and the Corporation. 50 u s e app. SEC. 205. COMPENSATION FOR COMMUNITY LOSSES. 1989C-4. (a) I N GENERAL.—Subject to the availability of funds appropriated to the Fund, the Secretary shall make payments from the Fund, in accordance with this section, as restitution for certain Aleut losses sustained in World War II. (b) TRUOT.— (1) ESTABLISHMENT.—The Secretary shall, subject to the avail- ability of funds appropriated for this purpose, establish a trust for the purposes set forth in this section. Such trust shall be established pursuant to the laws of the State of Alaska, and shall be maintained and operated by not more than seven trustees, as designated by the Secretary. Each affected Aleut village may submit to the Administrator a list of three prospec- tive trustees. The Secretary, after consultation with the Administrator, affected Aleut villages, and the Corporation, shall designate not more than seven trustees from such lists as submitted. (2) ADMINISTRATION OF TRUST.—^The trust established under this subsection shall be administered in a manner that is consistent with the laws of the State of Alaska, and as pre- scribed by the Secretary, after consultation with representatives of eligible Aleuts, the residents of affected Aleut villages, and the Administrator. (c) ACCOUNTS FOR THE BENEFIT OF ALEUTS.— (1) I N GENERAL.—The Secretary shall deposit in the trust such sums as may be appropriated for the purposes set forth in this subsection. The trustees shall maintain and operate 8 independ- ent and separate accounts in the trust for purposes of this subsection, as follows: (A) One account for the independent benefit of the war- V time Aleut residents of Attu and their descendants. (B) Six accounts for the benefit of the 6 surviving affected Aleut villages, one each for the independent benefit of Akutan, Atka, Nikolski, Saint George, Saint Paul, and Unalaska, respectively.
PUBLIC LAW 100-383—AUG. 10, 1988 102 STAT. 913 (O One account for the independent benefit of those Aleuts who, as determined by the Secretary, upon the advice of the trustees, are deserving but will not benefit directly from the accounts established under subparagraphs (A)and(B). The trustees shall credit to the account described in subpara- graph (Q an amount equal to 5 percent of the principal amount deposited by the Secretary in the trust under this subsection. Of the remaining principal amount, an amount shall be credited to each account described in subparagraphs (A) and (B) which besurs the same proportion to such remaining principal amount as the Aleut civilian population, as of June 1, 1942, of the village with respect to which such accoimt is established bears to the total civilian Aleut population on such date of all affected Aleut villages. (2) USES OP ACCOUNTS.—^The trustees may use the principal, accrued interest, and other earnings of the accounts maintained under paragraph (1) for— (A) the benefit of elderly, disabled, or seriously ill persons Aged persons. on the basis of special necid; Handicapped (B) the benefit of students in need of scholarship persons. assistance; Education. (C) the preservation of Aleut cultural heritage and Historic historical records; preservation. (D) the improvement of community centers in affected Community Aleut villages; and development. (E) other purposes to improve the condition of Aleut life, as determined by the trustees. (3) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized to be appropriated $5,000,000 to the Fund to carry out this subsection. (d) COBCPENSATION FOR DAMAGED OR DESTROYED CHURCH PROPERTY.— (1) INVENTORY AND ASSESSMENT OF PROPERTY.—The Adminis- trator shall make an inventory and assessment of real and personal church property of affected Aleut villages which was damaged or destroyed during World War 11. In making such inventory and assessment, the Administrator shall consult with the trustees of the trust established under subsection 0>), resi- dents of affected Aleut villages, affected church members and leaders, and the clergy of the churches involved. Within 1 year Records. after the date of the enactment of this Act, the Administrator shall submit such inventory and assessment, t(^ether vdth an estimate of the present replacement value of lost or destroyed furnishings and artifacts, to the Secretary. (2) REVIEW BY THE SECRETARY; DEPOSIT IN THE TRUST.—^The Secretary shall review the inventory and assessment provided under paragraph (1), and shall deposit in the trust established under subsection 0>) an amount reasonably calculated by the Secretary to compensate affected Aleut villages for church prop- erty lost, damaged, or destroyed during World War II. (3) DISTRIBUTION OF coBin»ENSATiON.—The trustees shall distribute the amount deposited in the trust under paragraph (2) for the benefit of the churches refeired to in this subs^ion. (4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Fund $1,400,000 to carry out this subsection.
102 STAT. 914 PUBLIC LAW 100-383—AUG. 10, 1988 (C) AoBaNISTTRATIVE AND L E G A L EXPENSES.— (1) RsiBfBURSEMENT FOR EXPENSES.—The Secretary shall re- imburse the Administrator, not less often than annually, for reasonable and necessary administrative and legal expenses in carrying out the Administrator's responsibilities imder this title. (2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Fund such sums as are necessary to carry out tfaiis subsection. 50 u s e app. SEC. 206. INDIVroUAL COMPENSATION OF ELIGIBLE ALEUTS. 1989C-5. (a) PAYMENTS TO EUGEBLE ALEUTS.—In addition to pa3maents made under section 206, the Secretary shall, in accordance with this section, make per capita pajonents out of the Fund to eligible Aleuts. The Secretary shall pay, subject to the availability of funds appropriated to the Fund for such pajrments, to each eligible Aleut the sum of $12,000. (b) ASSISTANCE OF ATTORNEY GENERAL.—The Secretary may re- quest t h e Attorney General to provide reasonable assistance in locating eligible Aleuts residing outside the affected Aleut villages, and upon such request, t h e Attorney General shall provide such assistance. In so doing, the Attorney General may use available facilities and resources of the International Committee of the Red Cross and other organizations. (c) ASSISTANCE OF ADMINISTRATOR.—The Secretary may request the assistance of the Administrator in identifying and locating eligible Aleuts for purposes of this section. (d) CLARIFICATION OF TREATMENT OF PAYMENTS UNDER OTHER LAWS.—^Amounts paid to an eligible Aleut under this section— (1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering, and (2) shall not be included as income or resources for purposes of determining eligibility to receive benefits described in section 3803(cX2XC) of title 31, United States Code, or the amount of such benefits. (e) PAYMENT I N FULL SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES.—The payment to an eligible Aleut under this section shall be in full satisfaction of all claims sigainst the United States arising out of the relocation described in section 202(5). (f) AUTHORIZATION OF APPROPRIATIONS.—There a r e authorized to be appropriated to the Fund such sums as are necessary to carry out this section. Public lands. SEC. 207. ATTU ISLAND RESTITUTION PROGRAM. National Wildlife Refuge (a) PURPOSE OF SECTION.—In accordance with section (3Xc) of the System. Wilderness Act (78 Stat. 892; 16 U.S.C. 1132(c)), the public lands on Conservation. Attn Island, Alaska, within the National Wildlife Refuge System 50 u s e app. have been designated as wilderness by section 702(1) of the Alaska 1989C-6. National Interest Lands Conservation Act (94 Stat. 2417; 16 U.S.C. 1132 note). In order to make restitution for the loss of traditional Aleut lands and village properties on Attu Island, while preserving the present designation of Attu Island lands as part of the National Wilderness Preservation System, compensation to the Aleut people, in lieu of the conveyance of Attu Island, shall be provided in accordance with this section. (b) ACREAGE DETERMINATION.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall, in accordance
PUBLIC LAW 100-383—AUG. 10, 1988 102 STAT. 915 with this subsection, determine the total acreage of land on Attn ' Island, Alaska, that, at the b^inning of World War 11, was subject to traditional use by the Aleut villagers of that island for subsist- ence and other purposes. In making such acreage determination, the Secretary shall establish a base acreage of not less than 35,000 acres within that part of eastern Attu Island traditionally used by the Aleut people, and shall, from the best ayajlable information, includ- ing information that may be submitted by representatives of the Aleut people, identify any such additional acreage on Attu Island that was subject to such use. The combination of such base acreage and such additional acreage shall constitute the acreage determina- tion upon which payment to the Corporation imder this section is based. The Secretary shall promptly notify the Corporation of the results of the acreage determination made under this subsection. (c) VALUATION.— (1) DETERMINATION OF VALUE.—Not later than 120 days after the date of the enactment of this Act, the Secreta^ shall determine the value of the Attu Island acreage determined under subsection (b), except that— (A) such acreage may not be valued at less than $350 per acre nor more than $500 per acre; and (B) the total valuation of all such acreage may not exceed $15,000,000. (2) FACTORS IN MAKING DETERMINATION.—In determining the value of the acreage under paragraph (1), the Secretary shall take into consideration such factors as the Secretary considers appropriate, including— (A) fair market value; (B) environmental and public interest value; and (C) established precedents for valuation of comparable wilderness lands in the State of Alaska. (3) NOTIFICATION OF DETTERMINATION; APPEAL.—^The Secretary shall promptly notify the Corporation of the determination of value made under this subsection, and such determination shall constitute the final determination of value unless the Corpora- tion, within 30 days after the determination is made, appeals the determination to the Secretary. If such appeal is made, the Secretary shall, within 30 days after the appeal is made, review the determination in light of the appeal, and issue a final determination of the value of that acreage determined to be subject to traditional use under subsection (b). (d) IN LIEU COMPENSATION PAYMENT.— (1) PAYMENT.—The Secretaiy shall pay, subject to the avail- ability of funds appropriated for such purpose, to the Corpora- tion, as compensation for the Aleuts loss of lands on Attu Island, the fidl amount of the value of the acreage determined under subsection (c), less the value (as determined imder subsec- tion (c)) of any land conveyed under subsection (e). (2) PAYMENT IN FULL SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES.—The payment made under paragraph (1) shall be in full satisfaction of any claim against the United Stat^ for the loss of traditional Aleut lands and village properties on Attu Island. (e) VILLAGE SITE CONVEYANCE.—The Secretaiy may convey to the Coiporation all right, title, and interest of the United States to the surface estate of the traditional Aleut village site on Attu Island, Alaska (consisting of approximately 10 acres) and to the surface
102 STAT. 916 PUBLIC LAW 100-383—AUG. 10, 1988 estate of a parcel of land consisting of all land outside such village that is within 660 feet of any point on the boundary of such village. The conveyance may be made under the authority contained in section 14(hXl) of the Alaska Native Claims Settlement Act (Public Law 92-203; 43 U.S.C. 1613(hXl)), except that after the enactment of this Act, no site on Attu Islemd, Alaska, other than such traditional Aleut village site and such parcel of land, may be conveyed to the Corporation under such section 14(hXl). (f) AuTHOBEZATiON OP APPROPRIATIONS.—^Thcrc are authorized to be appropriated $15,000,000 to the Secretary to carry out this section. Contracts. SEC 208. COBIPLIANCE WITH BUDGET ACT. 50 u s e app. 1989C-7. No authority under this title to enter into contracts or to make payments shall be efiTective in any fiscal year except to such extent and in such amounts as are provided in advance in appropriations Acts. In any fiscal year, the Secretary, with respect to— (1) the Fund established under section 203, (2) the trust established under section 2O50[>), and (3) the provisions of sections 206 and 207, shall limit the total benefits conferred to an amount not in excess of Effective date. the appropriations for such fiscal year. Any provision of this title which, directly or indirectly, authorizes the enactment of new budget authority shall be effective only for fiscal year 1989 and thereafter. 50 u s e app. SEC. 209. SEVERABILITY. 1989C-8. If any provision of this title, or the application of such provision to any person or circumstance, is held invalid, the remainder of this title and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by such invalidation. TITLE III—TERRITORY OR PROPERTY CLAIMS AGAINST UNITED STATES SEC. 301. EXCLUSION OF CLAIMS. Mexico. Notwithstanding any other provision of law or of this Act, nothing Indians. in this Act shall be construed as recognition of any claim of Mexico 50 u s e app. or any other country or any Indian tribe (except as expressly 1989d. provided in this Act with respect to the Aleut tribe of Alaska) to any territory or other property of the United States, nor shall this Act be construed as providing any basis for compensation in connection with any sudi claim. Approved August 10, 1988. LEGISLATIVE HISTORY—H.R. 442: HOUSE REPORTS: No. 100-278 (Comm. on the Judiciary) and No. 100-785 (eomm. of Conference). CONGRESSIONAL RECORD: Vol. 133 (1987): Sept. 17, considered and passed House. Vol. 134 (1988): Apr. 20, considered and passed Senate, amended. July 27, Senate agreed to conference report. Aug. 4, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): Aug. 10, Presidential remarks.