[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1237 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1237
To allow certain individuals of Japanese ancestry who were brought
forcibly to the United States from countries in Latin America during
World War II and were interned in the United States to be provided
restitution under the Civil Liberties Act of 1988, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2001
Mr. Inouye introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To allow certain individuals of Japanese ancestry who were brought
forcibly to the United States from countries in Latin America during
World War II and were interned in the United States to be provided
restitution under the Civil Liberties Act of 1988, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wartime Parity and Justice Act of
2001''.
SEC. 2. ELIGIBILITY OF CERTAIN INDIVIDUALS UNDER CIVIL LIBERTIES ACT OF
1988.
(a) Eligibility.--For purposes of the Civil Liberties Act of 1988
(50 U.S.C. App. 1989b et seq.), the following individuals shall be
deemed to be eligible individuals:
(1) An individual who--
(A) is of Japanese ancestry, or is the spouse or
parent of an individual of Japanese ancestry;
(B) was brought forcibly to the United States from
a country in Central America or South America during
the evacuation, relocation, and internment period;
(C) was living on August 10, 1988;
(D) otherwise meets the requirements of
subparagraph (B)(i) of section 108(2) of the Civil
Liberties Act of 1988 (50 U.S.C. App. 1989b-7(2)); and
(E) subject to section 4(f) of this Act, has not
otherwise received payment under the Civil Liberties
Act of 1988.
(2) An individual who was an eligible individual under the
Civil Liberties Act of 1988 before the date of the enactment of
this Act and who was eligible for, but did not receive, payment
under that Act before the termination of the Civil Liberties
Public Education Fund under section 104(d) of that Act.
(3) An individual who--
(A) was born to an eligible individual under the
Civil Liberties Act of 1988 during the period beginning
on January 20, 1945, and ending on February 29, 1948,
at a place in which the eligible individual was
confined, held in custody, relocated, or otherwise
located during the evacuation, relocation, or
internment period; and
(B) was living on August 10, 1988.
(4)(A) An individual of Japanese ancestry who, during the
evacuation, relocation, or internment period--
(i) was a United States citizen or a permanent
resident alien;
(ii) whose employment with a railroad or mining
company was terminated on account of the individual's
Japanese ancestry; and
(iii) was living on August 10, 1988.
(B) An individual who--
(i) during the evacuation, relocation, or
internment period, was a dependent child of an
individual described in subparagraph (A); and
(ii) was living on August 10, 1988.
(5) An individual of Japanese ancestry who--
(A) meets the requirements of paragraph (2) of
section 108 of the Civil Liberties Act of 1988, other
than subparagraph (A) of that paragraph; and
(B) was legally in the United States during the
evacuation, relocation, or internment period but was
made ineligible for United States citizenship or
permanent residence status by law enacted prior
thereto, on account of the individual's Japanese
ancestry.
(b) Prisoner Exchanges.--An individual shall not be precluded from
being an eligible individual under subsection (a) if the individual was
sent by the United States to Japan or territories occupied by Japan at
any time during the period beginning on December 7, 1941, and ending on
September 2, 1945, in exchange for prisoners held by Japan.
SEC. 3. APOLOGY OF THE UNITED STATES.
The United States apologizes to those individuals described in
section 2(a) for the fundamental violations of their basic civil
liberties and constitutional rights committed during the evacuation,
relocation, or internment period. The President should transmit to each
such individual a personal letter of apology on behalf of the United
States.
SEC. 4. PROCEDURES.
(a) Applicability of Provisions of the Civil Liberties Act.--Except
as otherwise provided in this section, the provisions of section 105 of
the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b-4) shall apply
with respect to eligible individuals under section 2 of this Act.
(b) Responsibilities of the Attorney General.--The Attorney General
shall have the responsibility to identify and locate, without requiring
any application for payment and using records already in possession of
the United States Government, eligible individuals under section 2,
within 12 months after the date of the enactment of this Act. Failure
to be identified and located within that 12-month period shall not
preclude an eligible individual under section 2 from receiving payment
under the Civil Liberties Act of 1988.
(c) Notification by Eligible Individuals.--Any eligible individual
under section 2 may notify the Attorney General that the individual is
an eligible individual, and may provide documentation therefor, within
6 years after the date of the enactment of this Act.
(d) Determination of Eligibility.--The Attorney General shall make
a final determination of eligibility of individuals under section 2 not
later than 1 year after locating the individual pursuant to subsection
(b) or receiving notification from an individual pursuant to subsection
(c), as the case may be.
(e) Judicial Review.--An individual seeking payment of compensation
under the Civil Liberties Act of 1988 as an eligible individual under
section 2 may seek judicial review of a denial of compensation in an
appropriate district court of the United States or the United States
Court of Federal Claims within 6 years after the date of the denial.
(f) Payments From Court Cases.--Notwithstanding section 2(a)(1)(E)
of this Act and paragraph (7) of section 105(a) of the Civil Liberties
Act of 1988, an individual described in subparagraphs (A) through (D)
of section 2(a)(1) of this Act, or any surviving spouse, child, or
parent of such individual to whom section 105(a)(8) of the Civil
Liberties Act of 1988 applies, who has accepted payment, before the
date of the enactment of this Act, pursuant to an award of a final
judgment or a settlement on a claim against the United States for acts
described in section 108(2)(B) of the Civil Liberties Act of 1988 or
section 2(a)(1)(B) of this Act, may receive payment under the Civil
Liberties Act of 1988, except that any amount payable to such
individual, spouse, child, or parent under section 105(a)(1) of that
Act shall be reduced by the amount of any payment received pursuant to
such final judgment or settlement.
SEC. 5. CORRECTION OF IMMIGRATION STATUS.
Those individuals described in paragraph (1) of section 2(a) shall
not be considered to have been present in the United States unlawfully
during the evacuation, relocation, or internment period. Each
department or agency of the United States shall take the necessary
steps to correct any records over which that department or agency has
jurisdiction that indicate that such individuals were in the United
States unlawfully during such period.
SEC. 6. FULL DISCLOSURE OF INFORMATION.
(a) Public Disclosure of Information.--The appropriate departments
and agencies of the United States shall disclose to the public all
information (other than information which may not be disclosed under
other provisions of law) relating to the forcible removal of
individuals from Central and South America during the evacuation,
relocation, or internment period and the internment of those
individuals in the United States during that period, including
information on individuals whose location is unknown.
(b) Sharing of Information With Other Countries.--The President
shall take the necessary steps to share information described in
subsection (a) with other countries and encourage those countries to
make that information available to people in those countries.
SEC. 7. TRUST FUND.
(a) Reestablishment of Fund.--The Civil Liberties Public Education
Fund (in this Act referred to as the ``Fund'') is reestablished in the
Treasury of the United States, and shall be administered by the
Secretary of the Treasury.
(b) Investment 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
only--
(1) for disbursement of payments by the Attorney General,
under section 105 of the Civil Liberties Act of 1988 and this
Act, to eligible individuals under section 2 of this Act; and
(2) for disbursement by the Board of Directors of the Fund
under section 8 of this Act.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund--
(1) such sums as may be necessary to carry out paragraph
(1) of subsection (b); and
(2) $45,000,000 for disbursements by the Board of Directors
of the Fund under section 8.
SEC. 8. BOARD OF DIRECTORS OF THE FUND.
(a) Establishment.--There is 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) Uses of the Fund.--The Board may make disbursements from the
Fund only--
(1) to sponsor research and public education activities so
that events surrounding the evacuation, relocation, and
internment of individuals of Japanese ancestry will be
remembered, and so that the causes and circumstances of this
and similar events may be illuminated and understood; and
(2) for reasonable administrative expenses of the Board,
including compensation and expenses of the members and staff of
the Board and payment for administrative support services.
(c) Membership, Staff, Etc.--The provisions of subsections (c),
(d), (e), (f), and (g) of section 106 of the Civil Liberties Act of
1988 (50 U.S.C. App. 1989b-5) shall apply to the Board of the Fund to
the same extent as they applied to the Board established under that
section.
SEC. 9. DEFINITIONS.
In this Act, the terms ``evacuation, relocation, or internment
period'' and ``permanent resident alien'' have the meanings given those
terms in section 108 of the Civil Liberties Act of 1988 (50 U.S.C. App.
1989b-7).
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