REFERENCE: Vol. 134 No. 48

TITLE: WARTIME RELOCATION OF CIVILIANS

TEXT: [*S4095] The PRESIDING OFFICER. The clerk will report the bill by title.

The assistant legislative clerk read as follows:

A bill (S. 1009) to accept the findings and to implement the recommendations of the Commission on Wartime Relocation and Internment of Civilians, reported with an amendment.

The Senate proceeded to consider the bill which had been reported from the Committee on Governmental Affairs, with an amendment to strike all after the enacting clause and insert in lieu thereof, the following:

FINDINGS AND PURPOSE

Section 1. (a) Findings. -- The Congress finds that --

(1) the findings of the Commission on Wartime Relocation and Internment of Civilians, established by the Commission on Wartime Relocation and Internment of Civilians Act, accurately and completely describe the circumstances of the exclusion, relocation, and internment of in excess of one hundred and ten thousand United States citizens and permanent resident aliens of Japanese ancestry and the treatment of the individuals of Aleut ancestry who were removed from the Aleutian and the Pribilof Islands;

(2) the internment of individuals of Japanese ancestry was carried out without any documented acts of espionage or sabotage, or other acts of disloyalty by any citizens or permanent resident aliens of Japanese ancestry on the west coast;

(3) there was no military or security reason for the internment;

(4) the internment of the individuals of Japanese ancestry was caused by racial prejudice, war hysteria, and a failure of political leadership;

(5) the excluded individuals of Japanese ancestry suffered enormous damages and losses, both material and intangible, and there were incalculable losses in education and job training, all of which resulted in significant human suffering;

(6) the basic civil liberties and constitutional rights of those individuals of Japanese ancestry interned were fundamentally violated by that evacuation and internment;

(7) as documented in the Commission's reports, the Aleut civilian residents of the Pribilof Islands and the Aleutian Islands west of Unimak Island were relocated during World War II to temporary camps in isolated regions 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;

(8) the United States failed to provide reasonable care for the Aleuts, and this resulted in widespread illness, disease, and death among the residents of the camps; and the United States further failed to protect Aleut personal and community property while such property was in its possession or under its control;

(9) the United States has not compensated the Aleuts adequately for the conversion or destruction of personal property caused by the United States military occupation of Aleut villages during World War II; and

(10) there is no remedy for injustices suffered by the Aleuts during World War II except an Act of Congress providing appropriate compensation for those losses which are attributable to the conduct of United States forces and other officials and employees of the United States.

(b) Purposes. -- The purposes of this Act are to --

(1) acknowledge the fundamental injustice of the evacuation, relocation, and internment of United States citizens and permanent resident aliens of Japanese ancestry;

(2) apologize on behalf of the people of the United States for the evacuation, relocation, and internment of the citizens and permanent resident aliens of Japanese ancestry;

(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 reoccurrence of any similar event;

(4) make restitution to those individuals of Japanese ancestry who were interned; and

(5) make restitution to Aleut residents of the Pribilof Islands and the Aleutian Islands west of Unimak Island, in settlement of United States obligations in equity and at law, for --

(A) injustices suffered and unreasonable hardships endured while under United States control during World War II;

(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 II; and

(D) traditional village lands on Attu Island not rehabilitated after World War II for Aleut occupation or other productive use.

TITLE I -- RECOGNITION OF INJUSTICE AND APOLOGY ON BEHALF OF THE NATION

Sec. 101. The Congress accepts the findings of the Commission on Wartime Relocation and Internment of Civilians 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. On behalf of the Nation, the Congress apologizes.

TITLE II -- UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT JAPANESE ALIENS

DEFINITIONS

Sec. 201. For the purposes of this title --

(1) the term "eligible individual" means any living individual of Japanese ancestry who --

(A) is a United States citizen or permanent resident alien on the date of enactment of this Act; and

(B)(i) was enrolled on the records of the United States Government during the [*S4096] period beginning on December 7, 1941, and ending on June 30, 1946, as being in a prohibited military zone; or

(ii) was confined, held in custody, or otherwise deprived of liberty or property during the period as a result of --

(I) Executive Order Numbered 9066 (February 19, 1942; 7 Fed. Reg. 1407);

(II) 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" and approved March 21, 1942 (56 Stat. 173); or

(III) any other Executive order, Presidential proclamation, law of the United States, directive of the Armed Forces of the United States, or other action made by or on behalf of the United States or its agents, representatives, officers, or employees respecting the exclusion, relocation, or detention of individuals on the basis of race;

(2) the term "Fund" means the Civil Liberties Public Education Fund established in section 204;

(3) the term "Board" means the Civil Liberties Public Education Fund Board of Directors established in section 206;

(4) the term "evacuation, relocation, and internment period" means that period beginning on December 7, 1941, and ending on June 30, 1946; and

(5) the term "Commission" means the Commission on Wartime Relocation and Internment of Civilians, established by the Commission on Wartime Relocation and Internment of Civilians Act.

CRIMINAL CONVICTIONS

Sec. 202. (a) Review. -- The Attorney General is requested to review any case in which a United States citizen or permanent resident alien of Japanese ancestry living on the date of the enactment of this Act was convicted of a violation of the laws of the United States, including convictions for violations of military orders, where such a conviction resulted from charges filed against such individuals during the evacuation, relocation, and internment period.

(b) Recommendations. -- Based upon the review required by subsection (a), the Attorney General is requested to recommend to the President for pardon consideration those convictions which the Attorney General finds were based on a refusal by such individuals to accept treatment that discriminated against them on the basis of race or ethnicity.

(c) Pardons. -- In consideration of the findings contained in this Act, the President is requested to offer pardons to those individuals recommended by the Attorney General pursuant to subsection (b).

CONSIDERATION OF COMMISSION FINDINGS

Sec. 203. (a) Federal Consideration and Review. -- Departments and agencies of the United States Government to which eligible individuals may apply for the restitution of positions, status, or entitlements lost in whole or in part because of discriminatory acts of the United States Government against such individuals based upon their race or ethnicity and which occurred during the evacuation, relocation, and internment period shall review such applications for restitution of positions, status, or entitlements with liberality, giving full consideration to the historical findings of the Commission and the findings contained in this Act.

(b) No New Authority Created. -- Subsection (a) shall not be construed to create new authority to grant restitution described in that subsection, or establish new eligibility to apply for such restitution.

TRUST FUND

Sec. 204. (a) Establishment. -- There is hereby established in the Treasury of the United States the Civil Liberties Public Education Fund, to be administered by the Secretary of the Treasury. Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code, and shall only be available for disbursement by the Attorney General under section 205, and by the Board of Directors of the Fund under section 206.

(b) Authorization. -- There are authorized to be appropriated to the Fund $500,000,000 in fiscal 1989, $400,000,000 in fiscal 1990, $200,000,000 in fiscal 1991, $100,000,000 in fiscal 1992 and $100,000,000 in fiscal 1993.

RESTITUTION

Sec. 205. (a) Location and Payment of Eligible Individuals. -- (1) The Attorney General, with the assistance of the Board, shall locate, using records already in the possession of the United States Government, each eligible individual and shall pay out of the Fund to each such individual the sum of $20,000. The Attorney General shall encourage each eligible individual to submit his or her current address to the Department of Justice through a public awareness campaign.

(2) If an eligible individual refuses to accept any payment under this section, such amount shall remain in the Fund and no payment shall be made under this section to such individual at any future date.

(b) Preference to Oldest. -- The Attorney General shall endeavor to make payment to eligible individuals who are living in the order of date of birth (with the oldest receiving full payment first), until all eligible individuals who are living have received payment in full.

(c) Nonresidents. -- In attempting to locate any eligible individual who resides outside the United States, the Attorney General may use any available facility or resources of any public or nonprofit organization.

(d) No Set Off for Administrative Costs. -- 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) Extinguishment of Claims. -- The claims of an eligible individual against the United States shall be extinguished --

(A) on a date which is ten years after the date of enactment of this Act; or

(B) on the date by which the individual has received the total amount of payments under this Act,

whichever date first occurs.

(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(c)(2)(C) of title 31, United States Code, or the amount of such benefits.

BOARD OF DIRECTORS

Sec. 206. (a) Establishment. -- There is hereby established the Civil Liberties Public Education Fund Board of Directors which shall be responsible for making disbursements from the Fund in the manner provided in this section.

(b) Disbursements from Fund. -- The Board of Directors may make disbursements from the Fund only --

(1) to sponsor research and public educational activities so that the events surrounding the 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 illuminated and understood;

(2) to fund comparative studies of similar civil liberties abuses, or to fund comparative studies of the effect upon particular groups of racial prejudice embodied by Government action in times of national stress;

(3) to prepare and distribute the hearings and findings of the Commission to textbook publishers, educators, and libraries;

(4) for the general welfare of the ethnic Japanese community in the United States, taking into consideration the effect of the exclusion and detention on the descendants of those individuals who were detained during the evacuation, relocation, and internment period (individual payments in compensation for loss or damages shall not be made under this paragraph); and

(5) for reasonable administrative expenses, including expenses incurred under subsections (c)(3), (d), and(e).

(c) Membership and Terms of Office. -- (1) The Board shall be composed of nine members appointed by the President, by and with the advice and consent of the Senate, from persons who are not officers or employees of the United States Government. At least five of the individuals appointed shall be individuals who are of Japanese ancestry.

(2)(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) five shall be appointed for terms of 3 years; and

(ii) four shall be appointed for terms of 2 years; as designated by the President at the time of appointment.

(C) Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office. No individual may be appointed to more than two consecutive terms.

(3) Members of the Board shall serve without pay, except members of the Board shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the functions of the Board, in the same manner as persons employed intermittently in the United States Government are allowed expenses under section 5703 of title 5, United States Code.

(4) Five members of the Board shall constitute a quorum but a lesser number may hold hearings.

(5) The Chair of the Board shall be elected by the members of the Board.

(d)(1) The Board shall have a Director who shall be appointed by the Board and who shall be paid at a rate not to exceed the minimum rate of basic pay payable for GS-18 of the General Schedule under section 5332(a) of title 5, United States Code.

(2) The Board may appoint and fix the pay of such additional staff personnel as it may require.

(3) The Director and the additional staff personnel of the Board may be appointed without regard to section 5311(B) of title 5, United States Code, and may be appointed without regard to the provisions of such title governing appointments in the competitive service, and may be paid without regard 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 employee of the Board may not exceed a rate equivalent to the rate payable under GS-18 of the General Schedule under section 5332(a) of such title.

(e) Support Services. -- The Administrator of General Services shall provide to the Board of Directors on a reimbursable basis [*S4097] such administrative support services as the Board may request.

(f) Donations. -- The Board may accept, use, and dispose of gifts or donations or services or property for purposes authorized under subsection (b).

(g) Annual Report. -- Not later than twelve months after the first meeting of the Board and every twelve months thereafter, the Board shall transmit a report describing the activities of the Board to the President and to each House of the Congress.

(h) Sunset for Board. -- The Board shall terminate not later than the earlier of ninety days after the date on which an amount has been obligated to be expended from the Fund which is equal to the amount authorized to be appropriated to the Fund or ten years after the date of enactment of this title. Investments 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 of the United States.

COMPLIANCE WITH BUDGET ACT

Sec. 207. No authority under this title to enter into contracts or to make payments shall be effective except to the extent or in such amounts as are provided in advance in appropriations Acts. 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.

TITLE III -- ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION

SHORT TITLE

Sec. 301. This title may be cited as the "Aleutian and Pribilof Islands Restitution Act".

DEFINITIONS

Sec. 302. As used in this title --

(1) the term "Administrator" means the person designated by the Secretary to advise and inform the Secretary concerning expenditures from the Aleutian and Pribilof Islands Restitution Fund;

(2) the term "affected Aleut villages" means those Aleut villages in Alaska whose residents were evacuated by United States forces during World War II, including Akutan, Atka, Nikolski, Saint George, Saint Paul, Unalaska, and the Aleut village of Attu, Alaska, which was not rehabilitated by the United States for Aleut residence or other use after World War II;

(3) the term "Association" means the Aleutian/Pribilof Islands Association, Inc., a nonprofit regional corporation established 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 regional corporation for the Aleut region organized under the laws of the State of Alaska and established pursuant to section 7 of the Alaska Native Claims Settlement Act (Public Law 92-203);

(5) the term "eligible Aleut" means any Aleut living on the date of enactment of this title --

(A) who, as a civilian, was relocated by the authority of the United States from his 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 II; or

(B) who was born while his or her natural mother was subject to such relocation during World War II; and

(6) the term "Secretary" means the Secretary of the Interior.

ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION FUND

Sec. 303. (a) Establishment. -- The Secretary shall establish as an account in the Treasury of the United States the Aleutian and Pribilof Islands Restitution Fund (hereafter in this title referred to as the "Fund"), to be administered by the Secretary. The Fund shall consist of amounts appropriated to it, as authorized by sections 305 (duties of Administrator) and 306 of this title.

(b) Report. -- It shall be the duty of the Secretary to hold the Fund and to report to the Congress each year on the financial condition and the results of operations of such Fund during the preceding fiscal year and on its expected condition and operations during the next fiscal year.

(c) Investment. -- The Secretary shall invest such portion of the Fund as is not, in the Secretary's judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States. Such obligations may be acquired --

(1) on original issue at the issue price; or

(2) by purchase of outstanding obligations at the market price.

(d) Sale of Obligations. -- Any obligation acquired by the Fund may be sold by the Secretary at the market price.

(e) Credits to Fund. -- The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.

(f) Termination. -- The Secretary shall terminate the Fund 3 years after the date of enactment of this title, or 1 year following disbursement of all payments from such Fund, as authorized by this title, whichever occurs later. On the date the Fund is terminated, all investments 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.

DESIGNATION OF ADMINISTRATOR

Sec. 304. As soon as practicable after the date of enactment of this title, the Secretary shall offer to undertake negotiations with the Association, leading to the execution of an agreement with the Association to serve as Administrator under the terms of this title. The Secretary may appoint the Association as Administrator if such agreement is reached within 90 days after the date of enactment of this title. If no agreement is reached within such period, the Secretary shall appoint another person as Administrator under this title, after consultation with affected Aleut village leaders and the Corporation.

COMPENSATION FOR COMMUNITY LOSSES

Sec. 305. (a) In General. -- Out of monies from the Fund, the Secretary shall make restitution, as provided by this section, for certain Aleut losses sustained in World War II.

(b) Trust Established. -- (1) The Secretary shall establish a trust of $5,000,000 for the benefit of affected Aleut communities, and for other purposes. 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 prospective 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) The trustees shall maintain and operate the trust as eight independent and separate accounts, including --

(A) one account for the independent benefit of the wartime Aleut residents of Attu and their descendants;

(B) six accounts, each one of which shall be for the independent benefit of one of the six surviving affected Aleut villages of Atka, Akutan, Nikolski, Saint George, Saint Paul, and Unalaska; and

(C) 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 pursuant to subparagraphs (A) and (B).

The trustees shall credit to the account described in subparagraph (C) an amount equal to 5 per centum of the principal amount credited by the Secretary to the trust. The remaining principal amount shall be divided among the accounts described in subparagraphs (A) and (B), in proportion to the June 1, 1942 Aleut civilian population of the village for which each such account is established, as compared to the total civilian Aleut population on such date of all affected Aleut villages.

(3) The trust established by this subsection shall be administered in a manner that is consistent with the laws of the State of Alaska, and as prescribed by the Secretary, after consultation with representative eligible Aleuts, the residents of affected Aleut villages, and the Administrator. The trustees may use the principal, accrued interest, and other earnings of the trust for --

(A) the benefit of elderly, disabled, or seriously ill persons on the basis of special need;

(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.

(4) There are authorized to be appropriated $5,000,000 to the Fund to carry out the purposes of this subsection.

(c) Compensation for Damaged or Destroyed Church Property. -- (1) The Administrator shall make an inventory and assessment of church property damaged or destroyed in affected Aleut villages during World War II. In making such inventory and assessment, the Administrator shall consult with the trustees of the trust established by subsection (b), elders of affected villages, congregation leaders, and the clergy. Within 1 year after the date of enactment of this title, the Administrator shall submit such inventory and assessment, together with an estimate of the present replacement value of lost or destroyed furnishings and artifacts, to the Secretary.

(2) The Secretary shall review the inventory and assessment provided pursuant to paragraph (1), and shall make payment to the trust established pursuant to subsection (b) in an amount reasonably calculated by the Secretary to compensate affected Aleut villages for church property lost, damaged, or destroyed during World War II.

(3) The trustees shall make distribution of the compensation provided pursuant to this subsection in a manner consistent with the purposes of this title.

(4) There are authorized to be appropriated to the Fund $1,400,000 to carry out the purposes of this subsection.

(d) Administrative and Legal Expenses. -- (1) The Secretary shall reimburse the Administrator, not less often than annually, for reasonable and necessary administrative and legal expenses in carrying out its responsibilities under this title.

(2) There are authorized to be appropriated to the Fund such sums as are necessary to carry out the purposes of this subsection.

INDIVIDUAL COMPENSATION OF ELIGIBLE ALEUTS

Sec. 306. (a) Payments to Eligible Aleuts. -- (1) In accordance with the provisions of this section, the Secretary shall make per capita payments out of the Fund [*S4098] to eligible Aleuts for uncompensated personal property losses, and for other purposes. The Secretary shall pay to each eligible Aleut the sum of $12,000. All payments to eligible Aleuts shall be made within 1 year after the date of enactment of this title.

(2) The Secretary may request, and upon such request, the Attorney General shall provide, reasonable assistance in locating eligible Aleuts residing outside the affected Aleut villages. In providing such assistance, the Attorney General may use available facilities and resources of the International Committee of the Red Cross and other organizations.

(3) The Secretary may request the assistance of the Administrator in identifying and locating eligible Aleuts pursuant to this section.

(4) Any payment made under this subsection shall not be considered income or receipts for purposes of any Federal taxes or for purposes of determining the eligibility for or the amount of any benefits or assistance provided under any Federal program or under any State or local program financed in whole or in part with Federal funds.

(b) Authorization. -- There are authorized to be appropriated to the Fund such sums as are necessary to carry out the purposes of this section.

ATTU ISLAND RESTITUTION PROGRAM

Sec. 307. (a) Wilderness Designation. -- In accordance with subsection (3)(c) of the Wilderness Act (78 Stat. 892), the public lands on Attu Island, Alaska, within the National Wildlife Refuge System are designated as wilderness by section 702(1) of the Alaska National Interest Lands Conservation Act (94 Stat. 2417). In order to make restitution for the loss of traditional Aleut lands and village properties on Attu Island lands, 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 Attu Island conveyance shall be provided in accordance with this section.

(b) Acreage Determination. -- Not later than 90 days after the date of enactment of this title, the Secretary shall determine the total acreage of land on Attu Island, Alaska, that was subject to traditional use by the Aleut villagers of that island for subsistence 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 further, from the best available information, including 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 base acreage and such additional acreage shall constitute the aggregate acreage determination, and shall be the basis for compensation to the Corporation pursuant to this section. The Secretary shall promptly notify the Corporation of the results of the aggregate acreage determination made pursuant to this subsection.

(c) Valuation. -- (1) Not later than 120 days after the date of enactment of this title, the Secretary shall determine the value of the aggregate Attu Island acreage determination, made pursuant to subsection (b), except that --

(A) no tract of acreage within such determination shall be valued at less than $350 per acre nor more than $500 per acre; and

(B) the total valuation of all acreage within such determination shall not exceed $15,000,000.

(2) In making the valuation pursuant to 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) The Secretary shall promptly notify the Corporation of the valuation made pursuant to this subsection, and such valuation shall constitute a final determination of compensation unless appealed within 30 days by the Corporation. If such appeal is made, the Secretary shall within 30 days review the valuation in light of the appeal, and issue immediately thereafter a final determination of the total value of that acreage determined to be subject to traditional use pursuant to subsection (b). Such final determination shall constitute the amount payable as compensation to the Corporation for the Aleuts' loss of ownership of Attu Island.

(d) In Lieu Compensation Payment. -- The Secretary shall pay the full amount of compensation, as determined pursuant to subsection (c), to the Corporation in lieu of any conveyance of Attu Island as recommended by the Commission on Wartime Relocation and Internment of Civilians.

(e) Village Site Conveyance. -- The Secretary of the Interior may convey to the Corporation the traditional Aleut village site on Attu Island, Alaska, pursuant to the authority provided by section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)), except that following the date of enactment of this section, no site on Attu Island, Alaska, other than such traditional Aleut village site, shall be conveyed to the Corporation pursuant to such section 14(h)(1).

(f) Authorization. -- There are authorized to be appropriated $15,000,000 to the Secretary for purposes of carrying out the provisions of this section.

COMPLIANCE WITH BUDGET ACT

Sec. 308. No authority under this title to enter into contracts or to make payments shall be effective except to the extent or in such amounts as are provided in advance in appropriations Acts. Any provision of this title which, directly or indirectly, authorized the enactment of new budget authority shall be effective only after September 30, 1988.

SEPARABILITY OF PROVISIONS

Sec. 309. If any provision of this title, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of this title or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

SUBJECT: ATTORNEYS GENERAL (94%); APPROPRIATIONS (93%); EXECUTIVE ORDERS (85%); WILDERNESS (72%); BUDGET (66%);