Summary: S.1009 — 100th Congress (1987-1988)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Indefinitely postponed in Senate (04/20/1988)

(Measure indefinitely postponed in Senate, H.R. 442 passed, in lieu)

Title I: Recognition of Injustice and Apology on Behalf of the Nation - States that the Congress: (1) accepts the findings of the Commission on Wartime Relocation and Internment of Civilians (the Commission) and recognizes that a grave injustice was done to both citizens and resident aliens of Japanese ancestry by the evacuation, relocation, and internment of civilians during World War II; and (2) apologizes on behalf of the Nation for such injustice.

Title II: United States Citizens of Japanese Ancestry and Resident Japanese Aliens - Requests the President, upon the recommendation of the Attorney General, to offer pardons to those convicted of violating laws during the internment period whose conduct was based on a refusal to accept racially or ethnically discriminatory treatment.

Provides that Federal departments or agencies that review applications for restitution of positions, status, or entitlement lost during the internment period shall review such applications giving full consideration to the findings of the Commission.

Establishes within the Treasury a Civil Liberties Public Education Fund. Authorizes appropriations to the Fund for FY 1989 through 1993. Requires the Attorney General to pay $20,000 from the Fund in compensation to each surviving internee. Conditions any such payments on the availability of appropriated funds. Provides that such payments shall be considered as damages for human suffering and shall not be included in determining eligibility to receive certain income-based Federal benefits.

Establishes a Board of Directors which shall be responsible for making disbursements from the Fund. Provides that disbursements from the Fund shall be used to: (1) sponsor research and public educational activities dealing with the internment; (2) fund studies of similar civil liberties abuses; (3) prepare and distribute hearings and findings of the Commission; and (4) promote the general welfare of the ethnic Japanese community in the United States. Directs the Board, no later than 12 months after its first meeting and every 12 months thereafter, to transmit to the President and to each House of the Congress a report describing its activities. Terminates such Board as of a specified conditional date.

Provides that no authority created by this title shall be effective in any fiscal year except to the extent and in such amounts as provided in advance in appropriation Acts. Requires the Administrator of the Fund, in any fiscal year, to limit the total benefits provided to the amount of the appropriation for such fiscal year.

Title III: Aleutian and Pribilof Islands Restitution - Aleutian and Pribilof Islands Restitution Act - Establishes within the Treasury the Aleutian and Pribilof Islands Restitution Fund. Directs the Secretary of the Interior to make restitution for certain Aleut losses sustained in World War II, conditioning such payments on the availability of appropriated funds. Outlines certain reporting and investment procedures relating to the Fund to be performed by the Secretary. Directs the Secretary to terminate the Fund as of a specified conditional date. Directs the Secretary to appoint the Aleut/Pribilof Islands Association as Administrator of the Fund, if a certain agreement is reached with the Association within 90 days after enactment of this title.

Directs the Secretary to establish a trust of $5,000,000 for the benefit of affected Aleut communities and to establish trustees to maintain and operate the trust. States that the trust corpus is to be used for the benefit of the following people and purposes within specified Aleut communities: (1) the elderly, disabled, or seriously ill; (2) students in need of scholarship assistance; (3) preservation of Aleut cultural heritage and historical records; (4) the improvement of community centers in affected Aleut villages; and (5) other purposes to improve Aleut life. Authorizes appropriations to the Fund for such purposes.

Directs the Administrator to make an inventory and assessment of church property damaged or destroyed in affected Aleut villages during World War II. Directs the Administrator, within one year after enactment of this title, to submit such inventory and assessment, together with an estimate of replacement value for the damaged or destroyed property, to the Secretary. Directs the Secretary to review such inventory and assessment and to make payments to the trust in an amount reasonably calculated by the Secretary to compensate affected Aleut villages for church property lost, damaged, or destroyed during World War II. Authorizes appropriations to the trust established for such purpose.

Requires the Secretary to make payment of $12,000 from the Fund to eligible Aleuts for any uncompensated personal property losses. Provides that such payments shall be considered damages for human suffering for purposes of Federal taxes and shall not be considered income or receipts for determining eligibility for certain Federal benefits. Authorizes appropriations.

Provides a system of direct compensation to Aleut people for the loss of traditional land and village properties on Attu Island, such Island having been designated as wilderness. Requires the Secretary to: (1) determine the total acreage of land on Attu Island that was traditionally used by the Aleut peoples; (2) make a valuation of such land; and (3) notify the Aleut Corporation of the valuation determination made. Provides that such valuation determination shall be considered final (if not successfully appealed within 30 days of notification by the Corporation), and shall constitute the amount payable as compensation to the Corporation for the Aleuts' loss of ownership of such land. Provides that any such compensation shall be in lieu of any conveyance of Attu Island (as previously recommended by the Commission). Authorizes the Secretary to convey to the Corporation the traditional Aleut village site on Attu Island, Alaska, under the authority provided for such transfer in the Alaska Native Claims Settlement Act. Authorizes appropriations.

Provides that no authority in this Act to enter into contracts or make payments shall be effective in any fiscal year except to such extent and in such amounts as provided in advance in appropriation Acts. Limits benefits conferred to appropriated amounts.

Title IV: Territory or Property Claims Against United States - Provides that nothing in this Act shall be construed as: (1) recognition of any claim of Mexico or any other country or any Indian tribe (except as provided in this Act) to any territory or other property of the United States; or (2) providing any basis for compensation in connection with any such claim.