[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 893 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 893

  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 HOUSE OF REPRESENTATIVES

                           February 17, 2005

 Mr. Becerra (for himself, Mr. Case, Mr. McDermott, Mr. Gutierrez, Mr. 
 Moran of Virginia, Ms. Solis, Mr. Payne, Mr. Hastings of Florida, Ms. 
Schakowsky, Mr. Kucinich, Mr. Abercrombie, Mr. Davis of Tennessee, Ms. 
   Roybal-Allard, Ms. Lee, Mr. Berman, Mr. Honda, and Ms. Bordallo) 
 introduced the following bill; which was 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 
2005''.

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. 1989 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)(B)(i)); 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 enactment of this Act 
        and who was eligible for, but did not receive, payment under 
        that Act prior to 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(2) 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 that 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 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 
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 (c), (d), (e), (f), and (g)) 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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