Civil Liberties Act of 1987
PL 100-383 (H.R.442), enacted 08/10/1988

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 
Internment of Civilians. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
SECTION 1. PURPOSES. 
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 
inform the public about the internment of such individuals so as 
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 
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. 
(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 
Aug. 10. 1988 
[H.R. 442] 
Human rights. 
50 use app. 
1989. 
Public 
information. 
Real property. 
50 use app. 
1989a. 
102 STAT. 904 
PUBLIC LAW 100-383—AUG. 10, 1988 
Civil Liberties 
Act of 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. 
TITLE I—UNITED STATES CITIZENS OF 
JAPANESE ANCESTRY AND RESIDENT 
JAPANESE ALIENS 
50 use app. 
1989b. 
50 u s e app. 
1989b-l. 
SEC 101. SHORT TITLE. 
This title may be cited as the "Qvil Liberties Act of 1988". 
SEC 102. REMEDIES WITH RESPECT TO CRIMINAL CONVICTIONS. 
(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 
of 
tibe 
Congress 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 
AND AGENCIES. 
(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. 
(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 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 $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. 
(a) LOCATION AND PAYMENT OF EuGiBLB INDIVIDUALB.— 
50 u s e app. 
1989b-2. 
50 u s e app. 
1989b-3. 
50 u s e app. 
1989b-4. 
102 STAT. 906 
PUBLIC LAW 100-383—AUG. 10, 1988 
Records. 
Public 
information. 
Appropriation 
authorization. 
Claims. 
(1) IN 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 
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 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. 
To the extent that resources referred to in the second sentence 
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 F
R
O
M THE A
T
T
O
R
N
E
Y 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— 
(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^ion will be made, to the same extent as such 
subsections apply to the eligible individual. 
(
C
D For purposes of this paragraph— 
(i) the spouse" of an edible 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 
50 u s e app. 
1989b-5. 
Research and 
development. 
Education. 
Public 
information. 
(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. 
SEC 106. BOARD OF DIRECTORS OF THE FUND. 
(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— 
(1) to sponsor research and public educational activities, and 
to publi^ and distribute the hearii^, findings, and rec-
ommendations of the Commission, so that the events surround-
ing the evacuation, relocation, and internment of United States 
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. 
(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-
mony, and records available to the public for research purposes. 
(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 
50 use app. 
1989b-6. 
Public 
information. 
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 o
f
—
• 
(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, 
authorizes the enactment of new budget authority shall be effective 
only for tiBcal year 1989 and thereafter. 
TITLE II—ALEUTIAN AND PRIBILOF 
ISLANDS RESTITUTION 
'Aleutian and Pribilof Islands 
SEC. 201. SHORT TITLE. 
This title may be cited as the 
Restitution Act". 
SEC. 202. DEFINITIONS. 
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^onal 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^onal 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. 
(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. 
Effective date. 
Aleutian and 
Pribilof Islands 
Restitution Act. 
Alaska. 
50 u s e app. 
1989c. 
50 u s e app. 
1989C-1. 
50 u s e app. 
1989C-2. 
102 STAT. 912 
PUBLIC LAW 100-383—AUG. 10, 1988 
Securities. 
50 u s e app. 
1989C-3. 
Contracts. 
50 u s e app. 
1989C-4. 
(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 
title, whichever occurs later. On the date the Fund is terminated, all 
inv^ments 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. 
SEC. 204. APPOINTMENT OF ADMINISTRATOR 
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. 
SEC. 205. COMPENSATION FOR COMMUNITY LOSSES. 
(a) IN 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) IN 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 
on the basis of special necid; 
(B) the benefit of students in need of scholarship 
assistance; 
(C) the preservation of Aleut cultural heritage and 
historical records; 
(D) the improvement of community centers in affected 
Aleut villages; and 
(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 
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. 
Aged persons. 
Handicapped 
persons. 
Education. 
Historic 
preservation. 
Community 
development. 
Records. 
102 STAT. 914 
PUBLIC LAW 100-383—AUG. 10, 1988 
50 u s e app. 
1989C-5. 
Public lands. 
National 
Wildlife Refuge 
System. 
Conservation. 
50 u s e app. 
1989C-6. 
(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. 
SEC. 206. INDIVroUAL COMPENSATION OF ELIGIBLE ALEUTS. 
(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 the Attorney General to provide reasonable assistance in 
locating eligible Aleuts residing outside the affected Aleut villages, 
and upon such request, the 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 IN 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 are authorized to 
be appropriated to the Fund such sums as are necessary to carry out 
this section. 
SEC. 207. ATTU ISLAND RESTITUTION PROGRAM. 
(a) PURPOSE OF SECTION.—In accordance with section (3Xc) of the 
Wilderness Act (78 Stat. 892; 16 U.S.C. 1132(c)), the public lands on 
Attn Island, Alaska, within the National Wildlife Refuge System 
have been designated as wilderness by section 702(1) of the Alaska 
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 
Contracts. 
50 u s e app. 
1989C-7. 
Effective date. 
50 u s e app. 
1989C-8. 
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 O
P APPROPRIATIONS.—^Thcrc are authorized to 
be appropriated $15,000,000 to the Secretary to carry out this 
section. 
SEC 208. COBIPLIANCE W
I
T
H BUDGET ACT. 
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 
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. 
SEC. 209. SEVERABILITY. 
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 
Mexico. 
Indians. 
50 u s e app. 
1989d. 
SEC. 301. EXCLUSION OF CLAIMS. 
Notwithstanding any other provision of law or of this Act, nothing 
in this Act shall be construed as recognition of any claim of Mexico 
or any other country or any Indian tribe (except as expressly 
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.