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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: McGrath, C. Dean: Files
Folder Title: Japanese-American Internment Legislation
Box: CFOA 1305
To see more digitized collections visit:
https://www.reaganlibrary.gov/archives/digitized-textual-material
To see all Ronald Reagan Presidential Library inventories visit:
https://www.reaganlibrary.gov/archives/white-house-inventories.
Contact a reference archivist at: [email protected]
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WITHDRAWAL SHEET
Ronald Reagan Library
DOCUMENT
NO. AND TYPE
SUBJECT/TITLE
DATE
RESTRICTION
letter case
1. memo
Howard H. Baker to the President, re restitution for Japanese
3/29/88
P-5
internment (partial)
2. memo
same as item #1 (partial)
3/29/88
P-5
COLLECTION:
McGRATH, C. DEAN: Files
smf
FILE FOLDER:
16819
Japanese-American Internment Legislation Box 16820 CFOA 1305
10/20/94
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National security classified information [(a)(1) of the PRA).
F-2 Release could disclose internal personnel rules and practices of
P-2 Relating to appointment to Federal office [(a)(2) of the PRA].
an agency [(b)(2) of the FOIA].
P-3 Release would violate a Federal statute [(a)(3) of the PRA].
F-7 Release would disclose information compiled for law enforcement
P-4 Release would disclose trade secrets or confidential commercial
purposes ((b)(7) of the FOIA].
or financial information ((a)(4) of the PRA].
F-8 Release would disclose information concerning the regulation of
P-5 Release would disclose confidential advice between the President
financial institutions [(b)(8) of the FOIA].
and his advisors, or between such advisors ((a)(5) of the PRA.
F-9 Release would disclose geological or geophysical information
P-6 Release would constitute a clearly unwarranted invasion of
concerning wells [(b)(9) of the FOIA].
personal privacy ((a)(6) of the PRA].
C.
Closed in accordance with restrictions contained in donor's deed
of gift.
ID #.
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
H . INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: Rhett Dawson
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Presidential Remarks: Signing Ceremony
for Japanese Internment Legislation
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
cuholl
ORIGINATOR
88,08,10
/
/
Referral Note:
Cuat24
A
88/08/10
/
/
Referral Note:
/
1
/
1
-
Referral Note:
1
/
1 1
1
Referral Note:
/ /
/ /
-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A . Appropriate Action
I . Info Copy Only/No Action Necessary
A Answered
c Completed
C - Comment/Recommendation
R - Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D - Draft Response
S - For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
No further action necessary.
C. 8-10-88 Dean McGrath, Jr Louich
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
Document No. 576682
WHITE HOUSE STAFFING MEMORANDUM
DATE:
08/09/88 ACTION/CONCURRENCE/COMMENT DUE BY:
----
SUBJECT: PRESIDENTIAL REMARKS: SIGNING CEREMONY FOR JAPANESE INTERNMENT
LEGISLATION
(08/09 6:30 p.m. draft)
ACTION FYI
ACTION FYI
VICE PRESIDENT
HOBBS
DUBERSTEIN
HOOLEY
POWELL
KRANOWITZ
MILLER - OMB
MASENG
OGLESBY
RANGE
BAUER
RISQUE
CRIBB
RYAN
CRIPPEN
SPRINKEL
CULVAHOUSE
TUCK
DAWSON
TUTTLE
DONATELLI
DOLAN
FITZWATER
REMARKS:
The attached has been forwarded to the President.
RESPONSE:
Rhett Dawson
Ext. 2702
(Robinson/ARD)
August 9, 1988
6:30 p.m.
PRESIDENTIAL REMARKS: SIGNING CEREMONY FOR JAPANESE
INTERNMENT LEGISLATION
WEDNESDAY, AUGUST 10, 1988
1988 AUG 3 Pig 6. 5
Members of Congress, distinguished guests, my fellow
Americans:
We gather here today to right a grave wrong.
More than 40 years ago, shortly after the bombing of Pearl
Harbor, 120,000 persons of Japanese ancestry living in the U.S.
were forcibly removed from their homes and placed in makeshift
internment camps. This action was taken without trial, without
jury. It was based solely on race -- for these 120,000 were
Americans of Japanese descent.
Yes, the Nation was then at war, struggling for its
survival -- and it is not for us today to pass judgment upon
those who may have made mistakes while engaged in that great
struggle.
Yet we must recognize that the internment of Japanese
Americans was just that -- a mistake. For throughout the War,
Japanese-Americans in the tens of thousands remained utterly
loyal to the United States.
Indeed, scores of Japanese-Americans volunteered for our
Armed Forces -- many stepping forward in the internment camps
themselves. The 442nd Regimental Combat Team, made up almost
entirely of Japanese-Americans, served with immense
distinction -- to defend this Nation, their Nation.
- 2 -
Yet back at home, the soldiers' families were being denied
the very freedom for which so many of the soldiers themselves
were laying down their lives.
Congressman Norman Mineta, with us today, was. 10 years old
when his family was interned. In the Congressman's words: "My
own family was sent first to Santa Anita Racetrack. We showered
in the horse paddocks. Some families lived in converted stables,
others in hastily thrown together barracks. We were then moved
to Heart Mountain, Wyoming, where our entire family lived in one
small room of a rude tarpaper barrack."
Like so many tens of thousands of others, the members of the
Mineta family lived in those conditions not for a matter of weeks
or months, but for 3 long years.
The legislation that I am about to sign provides for a
restitution payment to each of the 60,000 surviving
Japanese-Americans, of the 120,000 who were relocated or
detained. Yet no payment can make up for those 3 lost years.
So what is most important in this bill has less to do with
property than with honor. For here we admit a wrong. Here we
reaffirm our commitment as a Nation to equal justice under the
law.
I'd like to note that the bill I am about to sign also
provides funds for members of the Aleut community who were
evacuated from the Alutian and Pribilof Islands after a Japanese
attack in 1942. This action was taken for the Aleuts' own
protection, but property was lost or damaged that has never been
replaced.
- 3 -
And now in closing, I wonder whether you'd permit me one
personal reminiscence -- one prompted by an old newspaper report
sent to me by Rose Ochi [oh-chee], a former internee. The
clipping comes from the Pacific Citizen and is dated December
1945.
"Arriving by plane from Washington," the article begins,
"General Joseph W. Stilwell pinned the [Distinguished Service
Cross] on Mary Masuda [mah-SUE-dah] in a simple ceremony on
the porch of her small frame shack near Talbert, Orange County.
...she was one of the first [Americans of Japanese ancestry] to
return from relocation centers to California's farmlands."
"Vinegar Joe" Stilwell was there that day to honor Kazuo
[CAH-zoo-oh] Masuda, Mary's brother. You see, while Mary and her
parents were in an internment camp, Kazuo served as staff
sergeant to the 442nd Regimental Combat Team. In one action,
Kazuo ordered his men back and advanced through heavy fire,
hauling a mortar. For 12 hours, he engaged in a single-handed
barrage of Nazi positions. Several weeks later at Cassino, Kazuo
staged another lone advance. This time, it cost him his life.
The newspaper clipping notes that her two surviving brothers
were with Mary and her parents on the little porch that morning.
These two brothers -- like the heroic Kazuo -- had served in the
U.S. Army after General Stilwell made the award, the motion
picture actress Louise Allbritton -- a Texas girl -- told how a
Texas battalion had been saved by the 442nd. Other show business
personalities paid tribute -- Robert Young, Will Rogers, Jr. And
one young actor said this:
- 4 -
"Blood that has soaked into the sands of a beach is all of
one color. America stands unique in the world, the only country
not founded on race, but on a way -- an ideal. Not in spite of,
but because of our polyglot background, we have had all the
strength in the world. That is the American way."
The name of that young actor was Ronald Reagan.
And, yes, the ideal of liberty and justice for all -- that
is still the American way.
Thank you and God bless you.
And now, let me sign H.R. 442 -- so fittingly named in honor
of the 442nd.
THE WHITE HOUSE
WASHINGTON
August 9, 1988
MEMORANDUM FOR ANTHONY R. DOLAN
DEPUTY ASSISTANT TO THE PRESIDENT AND
DIRECTOR OF SPEECHWRITING
FROM:
ASSOCIATE COUNSEL TO wruc/7 PRESIDENT
C. DEAN MCGRATH, JR.
SUBJECT:
Presidential Remarks: Signing Ceremony for
Japanese Internment Legislation
Counsel's office has reviewed the above-referenced Presidential
remarks, and we have no legal objection to their delivery.
CC: Rhett B. Dawson
60/8 of
2:50p.
ID #. 576682 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
H . INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
1
Name of Correspondent:
Rhett B. Dowson
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Presidential Remarks: Signing
Ceremony Legislation for Japanese Internment
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
cuhall
ORIGINATOR
88,08,09
/
1
Referrah Note:
cuat 24
24
R 88,08,09
88,08,09
Referral Note:
4PM
/
/
1
/
-
Referral Note:
/
1
/
1
-
Referral Note:
1
1
1
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I - Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R - Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments: Clease reply directly to Tony Dolan
with an info copy to Rhett Dowson
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
Document No. 576682
WHITE HOUSE STAFFING MEMORANDUM
DATE:
8/9/88
ACTION/CONCURRENCE/COMMENT DUE BY:
4:00 TODAY
SUBJECT:
PRESIDENTIAL REMARKS: SIGNING CEREMONY FOR JAPANESE INTERNMENT LEGISLATION
ACTION FYI
ACTION FYI
VICE PRESIDENT
HOBBS
DUBERSTEIN
HOOLEY
POWELL
KRANOWITZ
MILLER OMB
MASENG
OGLESBY
RANGE
BAUER
RISQUE
CRIBB
RYAN
CRIPPEN
SPRINKEL
CULVAHOUSE
TUCK
DAWSON
TUTTLE
DONATELLI
DOLAN
FITZWATER
REMARKS:
Please provide your comments/reccommendations directly to Tony Dolan's office
with an info copy to my office by 4:00 TODAY Tuesday, August 9, 1988.
Thank you.
RESPONSE:
Rhett Dawson
Ext. 2702
(Robinson)
August 9, 1988
12:30 p.m.
PRESIDENTIAL REMARKS: SIGNING CEREMONY FOR JAPANESE
12:
11
INTERNMENT LEGISLATIONOQ 1995 AUG -9 PM
WEDNESDAY, AUGUST 10, 1988
My fellow Americans:
We gather here today to right a grave wrong.
More than 40 years ago, shortly after the bombing of Pearl
Harbor, 120,000 Americans were forcibly removed from their homes
and placed in makeshift internment camps. This action was taken
without trial, without jury. It was based solely on race -- for
these 120,000 were Americans of Japanese descent.
Yes, the Nation was then at war, struggling for its
survival -- and it is not for us today to pass judgment upon
those who may have made mistakes while engaged in that great
struggle.
Yet we must recognize that the internment of Japanese
Americans was just that -- a mistake.
Throughout the War, no Americans of Japanese ancestry
committed any acts of disloyalty, let alone treason. On the
contrary, tens of Japanese-Americans volunteered for our Armed
Forces -- many stepping forward in the internment camps
themselves. The 442nd Regimental Combat Team -- made up almost
entirely of Japanese-Americans -- served with distinction
throughout the War.
To defend their Nation, their homeland, the United States of
America.
- 2 -
Yet back at home, the soldiers' families were being denied
the very freedom for which so many of the soldiers themselves
were laying down their lives.
Congressman Norman Mineta, with us today, was 10 years old
when his family was interned. In the Congressman's words: "My
own family was sent first to Santa Anita Racetrack. We showered
in the horse paddocks. Some families lived in converted stables,
others in hastily thrown together barracks. We were then moved
to Heart Mountain, Wyoming, where our entire family lived in one
small room of a rude tarpaper barrack."
Like so many tens of thousands of others, the members of the
Mineta family lived in those conditions not for a matter of weeks
or months, but for three long years.
The legislation that I am about to sign provides for a
restitution payment to each of the 60,000 surviving
Japanese-Americans, of the 120,000 who were relocated or
detained. Yet no payment can make up for those three lost years.
So what is most important in this bill has less to do with
property than with honor. For here we admit a wrong. Here we
reaffirm our commitment as Nation to equal justice under the law.
I'd like to note that the bill I am about to sign also
provides funds for the Aleut community of American Indians, a
community of several hundred. The Aleuts were evacuated from the
island of Attu after a Japanese attack in 1942. This action was
taken for the Aleuts' own protection, but property was lost or
damaged that has never been replaced. This bill will offer
compensation.
- 3 -
And now in closing, I wonder whether you'd permit me one
personal reminiscence -- one prompted by an old newspaper report
sent to me by Rose Ochi, a former internee. The clipping comes
from the Pacific Citizen and is dated December 1945.
"Arriving by plane from Washington," the article begins,
"General Joseph W. Stilwell pinned the Distinguished Service
Cross on
Mary Masuda
in a simple ceremony on the porch of her
small frame shack near Talbert, Orange County
she was one of
the first Americans of Japanese ancestry to return from
relocation centers to California's farmlands."
"Vinegar Joe" Stilwell was there that day to honor Kazuo
Masuda, Mary's brother. You see, while Mary and her parents were
in an internment camp, Kazuo served as staff sergeant to the
442nd Regimental Combat Team. In one action, Kazuo ordered his
men back and advanced through heavy fire, hauling a mortar. For
12 hours, he engaged in a single-handed barrage of Nazi
positions. Several weeks later at Cassino, Kazuo staged another
lone advance. This time, it cost him his life.
The newspaper clipping notes that her two surviving brothers
were with Mary on the little porch that morning. Like their dead
brother, both served in the Army.
After General Stilwell made the award, the motion picture
actress Louise Allbritton -- a Texas girl -- told how a Texas
battalion had been saved by the 442nd. Other show business
personalities paid tribute -- Robert Young, Will Rogers, Jr. And
one young actor said this:
- 4 -
"Blood that has soaked into the sands of a beach is all of
one color. America stands unique in the world, the only country
not founded on race, but on a way -- an ideal. Not in spite of,
but because of our polyglot background, we have had all the
strength in the world. That is the American way. "
The name of that young actor, the newspaper records, was
Ronald Reagan.
And, yes, the ideal of liberty and justice for all -- that
is still the American way.
Thank you and God bless you.
And now, let me sign H.R. 442 -- so fittingly named in honor
of the 442nd.
THE WHITE HOUSE
WASHINGTON
August 9, 1988
MEMORANDUM FOR RHETT B. DAWSON
ASSISTANT TO THE PRESIDENT FOR OPERATIONS
FROM:
ASSOCIATE C. DEAN MCGRATH, COUNSEL JR. TO Drasy
SUBJECT:
Enrolled Bill H.R. 442 -- To Implement
Recommendations of the Commission on Wartime
Relocation and Internment of Civilians
Counsel's office has reviewed the above-referenced enrolled bill,
and we have no legal objection to the recommendation of the
Director, Office of Management and Budget, that it be approved
and signed by the President.
Thank you for submitting this matter for our review.
ID # 576664 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
H . INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
1
/
Name of Correspondent:
Rhett B. Dowson
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: H.R. 442 To implement recommendations
ofthe Commission on Wartime Relocation
and Internment of Civilians
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
cuhou
ORIGINATOR
88,08,09
I
1
Referral Note:
cuat, 24
R 88,08,09
588,0809
Referral Note:
/
/
1
1
Referral Note:
1
/
1
1
Referral Note:
/
1
1
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A - Appropriate Action
I . Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE;
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
Document No. 576664
WHITE HOUSE STAFFING MEMORANDUM
08/08/88
c.o.b. Tuesday, 08/09
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY:
SUBJECT:
H.R. 442 -- TO IMPLEMENT RECOMMENDATIONS OF THE COMMISSION ON
WARTIME RELOCATION AND INTERNMENT OF CIVILIANS
ACTION FYI
ACTION FYI
VICE PRESIDENT
HOBBS
DUBERSTEIN
HOOLEY
POWELL
KRANOWITZ
P
MILLER - OMB
MASENG
\
OGLESBY
RANGE
F
BAUER
RISQUE
CRIBB
RYAN
CRIPPEN
SPRINKEL
CULVAHOUSE
TUCK
DAWSON
TUTTLE
DONATELLI
FITZWATER
REMARKS:
Please provide any comments/recommendations directly to my office
by close of business on Tuesday, August 9th. Thanks.
RESPONSE:
10
Rhett Dawson
Ext. 2702
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
STATEMENT
WASHINGTON, D.C. 20503
AUG 8 1988
1988 AUG -8 PM 7: 02
MEMORANDUM FOR THE PRESIDENT
SUBJECT: Enrolled Bill H.R. 442 - To Implement Recommendations
of the Commission on Wartime Relocation and
Internment of Civilians
Sponsors - Rep. Foley (D) Washington and 166 others
Last Day for Action
August 17, 1988 - Wednesday
Purpose
To provide restitution to (1) persons of Japanese ancestry
who were relocated from the West Coast of the United States
during World War II and (2) persons of the Pribilof and Aleutian
Islands who were relocated by the United States Government during
World War II.
Agency Recommendations
Office of Management and Budget
Approval
General Services Administration
No objection (Informally)
National Archives and
Records Administration
No objection (Informally)
Department of the Interior
No objection (Informally)
Department of Defense
No objection (Informally)
Department of the Treasury
No objection (Informally)
Office of Personnel Management
No comment (Informally)
Department of Justice
Cites concerns (Informally)
Discussion
On August 1, 1988, in letters to the Speaker of the House of
Representatives and the House Minority Leader, you urged that
body to act swiftly and favorably on H.R. 442. The conference
report on H.R. 442 was adopted by a vote of 257-156 in the House
and by voice vote in the Senate.
The enrolled bill would implement recommendations of the
Commission on Wartime Relocation and Internment of Civilians to
provide restitution to persons of Japanese ancestry who were
confined, held in custody relocated, or otherwise deprived of
liberty or property as a result of the Federal Government'
efforts to exclude persons of Japanese ancestry from the West
Coast during World War IT The enrolled bill would also
authorize "such sums as are necessary" to provide restitution
payments to certain persons of Aleutian ancestry who were
relocated from the Pribilof and Aleutian Islands by the United
States Government during World War II.
Provisions Concerning Persons of Japanese Ancestry
Major provisions of H.R. 442 related to the internment of
persons of Japanese ancestry would:
-- apologize to persons of Japanese ancestry for violations of
their civil liberties and constitutional rights that
occurred in the United States during World War II;
-- require the Attorney General, subject to the availability of
funds appropriated for such purpose, to pay each "eligible
individual" the sum of $20,000;
-- define as an "eligible individual" any person of Japanese
ancestry whos (1) is living on the date of enactment of the
enrolled bill; (2) was a United States citizen or a
permanent resident alien during the relocation period (i.e.,
December 7, 1941, through June 30, 1946) ; (3) was confined,
held in custody, relocated or otherwise deprived of liberty
as a result of specified actions of the Federal Government
during World War II and (4) did not relocate to a country
with which the United States was at war:
-- prohibit payments from being made to persons who indicate in
writing to the Attorney General that they refuse to accept
the restitution, or to persons who, after September 1, 1987,
accept payments under an award of a final judgment or
settlement of a claim against the United States;
-- provide that monies remaining in a newly-established Civil
Liberties Public Education Fund (from which the $20,000
restitution payments discussed above are to be made) shall
be available for research and educational activities related
to the internment. The enrolled bill would establish a
Board of Directors to oversee disbursements from the fund
for this purpose. The Board would be composed of nine
members appointed by the President with the advice and
consent of the Senate. It would be authorized to accept
certain gifts or donations and would be required to report
annually concerning its activities to the President and
Congress.;
-- authorize appropriations of $1.25 billion for the Civil
Liberties Public Education Fund and limit to $500 million
the amount that may be appropriated in any fiscal year;
-2-
-- require the Attorney General to locate each individual of
Japanese ancestry eligible for the $20,000 restitutionary
payment. The enrolled bill would require the Attorney
General to use available funds for purposes of locating
eligible individuals but would authorize "such sums as may
be necessary" to the extent that existing resources are not
sufficient. H.R. 442 would state that the Attorney General
should attempt to complete efforts to locate eligible
individuals within one year of enactment. Failure to locate
an eligible individual within the specified time period
would not preclude such individual from later receiving a
payment, however.;
-- provide that acceptance of a restitution payment shall fully
satisfy all claims against the United States arising during
the internment or relocation period;
-- require the Attorney General to endeavor to make the $20,000
restitution payments available to eligible individuals in
order of date of birth, with first preference being given to
the oldest individuals. In the event that an eligible
individual is deceased at the time of payment, H.R. 442
would provide that the restitution be paid to a surviving
spouse, surviving children or surviving parents."
-- clarify that the restitution payments shall be considered as
"damages for human suffering' for purposes of Federal tax
laws;
-- require the Archivist of the United States to maintain
certain documents concerning the relocation, evacuation and
internment and to make such documents available for public
research;
-- request the Attorney General to (1) review convictions of
violations of wartime restrictions by certain persons of
Japanese ancestry who were interned or relocated and
(2) submit pardon recommendations to the President, where
appropriate: and
-- require each Federal department and agency to review
applications for restitution of positions or entitlements
lost because of discriminatory acts during the evacuation,
relocation and internment period by the United States based
upon an individual's Japanese ancestry.
Provisions Concerning Persons from Pribilof and Aleutian Islands
Major provisions of H.R. 442 concerning restitution for
persons from the Pribilof and Aleutian Islands who were relocated
during World War II would:
-3-
-- authorize appropriations of "such sums as are necessary" to
provide $12,000 in restitution to each eligible person who
is living on the date of enactment of the enrolled bill;
-- provide that such payments be considered as "damages for
human suffering" for Federal income tax purposes, and that
such payment shall be in full satisfaction of all claims
against the United States arising from the relocation;
-- authorize appropriations of $5 million for a trust fund to
provide scholarship and other assistance to residents of
certain Aleutian villages;
-- authorize appropriations of $1.4 million to compensate
affected Aleutian villages for church property lost or
destroyed during World War II. (The amount of money
actually deposited in a trust fund to be established for
this purpose would be determined by the Secretary of the
Interior, based on an assessment by an "administrator"
appointed by the Secretary.) ;
-- authorize the Secretary of the Interior to provide up to
$15 million (from a newly-established Aleutian and Pribilof
Islands Restitution Fund) to the Aleut Corporation (a
for-profit corporation for the Aleut region established
under the Alaska Native Claims Settlement Act) as
compensation for the Aleuts' loss of lands on Attu Island;
and
-- permit the Secretary to convey to the Corporation the United
States' interest in the surface estate of the traditional
Aleut village site on Attu Island. The value of such a
transfer would be deducted, however, from any payment made
by the Secretary.
In addition to various other provisions governing the
administration of the two restitution programs, H.R. 442 states
that nothing in the enrolled bill is to be construed (1) as
recognizing any claim of Mexico or any Indian tribe or (2) as
providing any basis for compensation in connection with any such
claim. The total cost of this legislation is estimated to be
$1.29 billion.
Agency Views
The Department of Justice has advised informally that it has
various concerns about H.R. 442, but does not make a
recommendation with respect to the enrolled bill. Justice
believes that the bill's pardon provision is unnecessary as the
Government has already offered to vacate the conviction of all
Japanese-Americans who have been convicted of violating certain
wartime restrictions. Justice is also concerned about the
administrative burdens that would be imposed on the Attorney
-4-
General concerning efforts to locate eligible individuals of
Japanese ancestry. In addition, the Department notes that the
bill contains several ambiguous provisions that may result in
litigation. Finally, Justice raises possible constitutional
concerns about (1) the appointment of an "administrator" to
administer certain expenditures from the Aleutian and Pribilof
Islands Restitution Fund, and (2) the intertwining of church and
state functions in provisions that award compensation for damaged
or destroyed church property.
The Department of the Interior, while having no objection to
approval of H.R. 442, has advised informally that it has a number
of concerns about the enrolled bill (e.g., possible difficulties
in setting up and administering the Aleutian and Pribilof Islands
Restitution Fund). In addition, Interior believes that the
compensation that would be provided by the enrolled bill for lost
acreage on Attu Island (up to $15 million) is unnecessary, as
Interior believes that the Aleuts have been adequately
compensated for this loss under earlier statutes.
Conclusion and Recommendation
In your letter of August 1, 1988, to the leadership of the
House of Representatives, you stated that enactment of H.R. 442
would close a sad chapter in American history in a manner "that
reaffirms America's commitment to the preservation of liberty and
justice for all." Accordingly, we recommend that you approve the
enrolled bill. We understand that White House staff will be
preparing a signing statement for your use at a White House bill
signing ceremony.
JarWright James C. Miller III
Director
Enclosures
-5-
R.
442
One Hundredth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-fifth day of January,
one thousand nine hundred and eighty-eight
An Act
To implement recommendations 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 internment 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 Islands 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 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 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 II. 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
H. 442-2
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 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. 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 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 IL 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.
TITLE I-UNITED STATES CITIZENS OF
JAPANESE ANCESTRY AND RESIDENT
JAPANESE ALIENS
SEC 101. SHORT TITLE.
This title may be cited as the "Civil Liberties Act of 1988".
SEC. 102. REMEDIES WITH RESPECT TO CRIMINAL CONVICTIONS.
(a) REVIEW OF 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 States citizen or perma-
nent resident alien of Japanese ancestry, 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 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 em-
ployees, respecting the evacuation, relocation, or internment of
individuals solely on the basis of Japanese ancestry;
442-3
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 the Congress set forth in section 2(a), the President is requested to
offer pardons to any individuals recommended by the Attorney
General under subsection (b),
SEC. 103. CONSIDERATION OF COMMISSION FINDINGS BY DEPARTMENTS
AND AGENCIES.
(a) REVIEW OF APPLICATIONS By ELIGIBLE INDIVIDUALS.-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 discriminatory act of the United States Government 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 AUTHORITY 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) 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 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
earlier 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
available until expended.
SEC. 105. RESTITUTION.
(a) LOCATION AND PAYMENT OF ELIGIBLE INDIVIDUALS.-
H.R. 442-4
(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 ELIGIBLE 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 documentation
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 from receiving payment under this section.
(3) NOTICE FROM THE ATTORNEY 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(2)(B), and
(B) each eligible individual who does not refuse, in the
manner described in paragraph (4), to accept payment
under this section within 18 months 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 full satisfaction of all
claims against the United States arising out of acts described in
section 108(2)(B). This paragraph shall apply to any eligible
H. 442-5
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 Gen-
eral referred to in paragraph (3).
(6) EXCLUSION OF CERTAIN INDIVIDUALS.-No payment may be
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(2)(B), or to any surviving
spouse, child, or parent of such individual to whom paragraph
(6) applies.
(7) PAYMENTS IN THE CASE OF 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 section will be made, to the same extent as such
subsections apply to the eligible individual.
(C) For purposes of this paragraph-
(i) the "spouse" of an eligible 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 regular parent-child 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 full payment first), until all eligible
individuals have received payment in full.
(c) RESOURCES FOR LOCATING ELIGIBLE INDIVIDUALS-In attempt-
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.
442-6
(d) ADMINISTRATIVE COSTS 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(c)(2)(C) of title 31, United States Code, or the amount of
such benefits.
SEC. 106. BOARD OF DIRECTORS OF THE FUND.
(a) ESTABLISHMENT-There is established the Civil Liberties
Public Education Fund Board of Directors, which shall be respon-
sible for making disbursements from the Fund in the 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 publish and distribute the hearings, 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 illuminated and understood;
and
(2) for reasonable administrative expenses of the Board,
including expenses incurred under subsections (c)(3), (d), and (e).
(c) MEMBERSHIP.--
(1) APPOINTMENT.-The Board shall be composed of 9 mem-
bere 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 appointment.
(C) 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
H.R.442-7
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) APPLICABILITY OF CIVIL SERVICE LAWS.-The Director and
the additional staff of the Board may be appointed without
regard to section 5311(b) of title 5, United States Code, and
without regard to the provisions of such title governing appoint-
ments 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 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 INTERNMENT.
(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 shall make such documents, testi-
mony, and records available to the public for research purposes.
(b) PUBLIC 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 specifically
H. 442-8
inconsistent 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.
SEC. 108. DEFINITIONS.
For the purposes of this title-
(1) the term "evacuation, relocation, and internment period"
means that period beginning 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
alien; and
(B)(i) was confined, held in custody, relocated, or other-
wise deprived of liberty or property as a result of-
(I) Executive Order Numbered 9066, dated Febru-
ary 19, 1942;
(II) 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 committing
any act in military areas or zones", 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
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 beginning 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 United States was at war with that country;
(3) the term "permanent resident alien" means an alien
lawfully admitted into the United States for permanent
residence;
(4) the term "Fund" means the Civil Liberties Public Edu-
cation Fund established in section 104;
(5) the term "Board" means the Civil 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 U.S.C. App. 1981 note).
SEC. 109. COMPLIANCE WITH BUDGET ACT.
No authority under this title to enter into contracts or to make
payments shall be effective in any fiscal year except to such 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
H.R. 442-9
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 fiscal year 1989 and thereafter.
TITLE II-ALEUTIAN AND PRIBILOF
ISLANDS RESTITUTION
SEC. 201. SHORT TITLE.
This title may be cited as the "Aleutian and Pribilof Islands
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 regional 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 regional corporation for the Aleut region 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 II; or
(B) who was born 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 II" 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 shall 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.
442-10
(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
investments 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 offer to undertake negotiations 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.
If no such agreement is reached within such period, the Secretary
shall appoint another person as Administrator under this 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) TRUST.-
(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-
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.
442-11
(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 under subparagraphs
(A) and (B).
The trustees shall credit to the account described in subpara-
graph (C) 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
bears 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 account is established bears
to the total civilian Aleut population on such date of all affected
Aleut villages.
(2) USES OF 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 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.
(3) AUTHORIZATION OF APPROPRIATIONS.-There are authorized
to be appropriated $5,000,000 to the Fund to carry out this
subsection.
(d) COMPENSATION 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 II. In making such
inventory and assessment, the Administrator shall consult with
the trustees of the trust established under subsection (b), 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, together with 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 (b) 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 COMPENSATION.-The trustees shall
distribute the amount deposited in the trust under paragraph
(2) for the benefit of the churches referred to in this subsection.
(4) AUTHORIZATION OF APPROPRIATIONS.-There are authorized
to be appropriated to the Fund $1,400,000 to carry out this
subsection
H.R. 442-12
(c) ADMINISTRATIVE AND LEGAL EXPENSES.-
(1) REIMBURSEMENT 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 under this
title.
(2) AUTHORIZATION OF APPROPRIATIONS.-There are authorized
to be appropriated to the Fund such sums as are necessary to
carry out this subsection.
SEC. 206. INDIVIDUAL COMPENSATION OF ELIGIBLE ALEUTS.
(a) PAYMENTS TO ELIGIBLE ALEUTS.-In addition to payments made
under section 205, the Secretary shall, in accordance with this
section, make per capita payments out of the Fund to eligible
Aleuts. The Secretary shall pay, subject to the availability of funds
appropriated to the Fund for such payments, 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(c)(2)(C) 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 against 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 (3)(c) of the
Wilderness Act (78 Stat. 892; 16 U.S.C. 1132(c)), the public lands on
Attu 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
442-13
with this subsection, determine the total acreage of land on Attu
Island, Alaska, that, at the beginning of World War II, 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 available 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 under 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 Secretary 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 DETERMINATION; 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 Secretary 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 full amount of the value of the acreage determined
under subsection (c), less the value (as determined under 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 States for
the loss of traditional Aleut lands and village properties on Attu
Island.
(e) VILLAGE SITE CONVEYANCE.-The Secretary may convey to the
Corporation 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
H. 442-14
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(h)(1) of the Alaska Native Claims Settlement Act (Public
Law 92-203; 43 U.S.C. 1613(h)(1)), except that after the enactment of
this Act, no site on Attu Island, Alaska, other than such traditional
Aleut village site and such parcel of land, may be conveyed to the
Corporation under such section 14(h)(1).
(f) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to
be appropriated $15,000,000 to the Secretary to carry out this
section.
SEC. 208. COMPLIANCE WITH BUDGET ACT.
No authority under this title to enter into contracts or to make
payments shall be effective 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 205(b), 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
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 such claim.
Sneaker of the House of Representatives
THE WHITE HOUSE
WASHINGTON
July 29, 1988
MEMORANDUM FOR RHETT B. DAWSON
ASSISTANT TO THE PRESIDENT FOR OPERATIONS
FROM:
ASSOCIATE C. DEAN MCGRATH, COUNSEL JR. TO Durely
SUBJECT:
Presidential Letter on Japanese-American
Internment Bill (H.R. 442)
Counsel's office has reviewed the above-referenced Presidential
letter and, consistent with our previous advice on this issue,
(see Memorandum from C. Dean McGrath, Jr., to Rhett B. Dawson
(July 28, 1988), copy attached), we recommend that the reference
to the legislation being "substantially improved" be deleted. In
our view describing the legislation as substantially improved
does not accurately reflect the amendments that were made to H.R.
442. We have marked this and several other minor editorial
changes on the attached copy of the proposed letter.
Except as noted above, we have no legal objection to the proposed
Presidential letter being sent to Speaker Wright and Republican
Leader Michel.
Thank you for submitting this matter for our review.
Attachments
THE WHITE HOUSE
WASHINGTON
July 28, 1988
MEMORANDUM FOR RHETT B. DAWSON
ASSISTANT TO THE PRESIDENT FOR OPERATIONS
FROM:
ASSOCIATE C. DEAN MCGRATH, COUNSEL JR. TO Wuch PRESIDENT.
SUBJECT:
Draft Statement by the President on Passage of
H.R. 442, a Bill to Provide Compensation for
Americans of Japanese Descent Interned in the
United States During the Second World War
This will confirm my oral advice to your office that Counsel's
office has reviewed the above-referenced Presidential Statement
(as revised to reflect the deletion of the second paragraph and
the reference to an apology in the third paragraph), and we
recommend that the reference to the legislation being
"substantially" improved be deleted. In our view describing the
legislation as substantially improved does not accurately reflect
the amendments that were made to H.R. 442.
Thank you for submitting this matter for our review.
[DRAFT LETTER TO SPEAKER WRIGHT AND REPUBLICAN LEADER MICHEL]
Dear Mr. Speaker/Dear Bob:
We welcome the action of the House-Senate conference on H.R. 442,
a bill to provide compensation for Americans of Japanese descent
interned in the United States during the Second World War. The
bill reported from the conference and passed by the Senate on
July 27 is substantially improved over the versions of the bill
improve-
previously considered.
are
We were particularly pleased that the bill provides for a
measured disbursement of the authorized trust fund and ensures
that acceptance of compensation under the legislation fully
satisfies claims based on internment.
The enactment of H.R. 442 will close a sad chapter in American
history in a way that reaffirms America's commitment to the
preservation of liberty and justice for all.
I urge the House of Representatives to act swiftly and favorably
on the bill.
Sincerely,
ID 576606
al
WHITE HOUSE
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5/61
Document No. 576606
WHITE HOUSE STAFFING MEMORANDUM
DATE: 07/28/88
ACTION/CONCURRENCE/COMMENT DUE BY: C.O.B. Friday 07/29
SUBJECT: PRESIDENTIAL LETTERS ON JAPANESE-AMERICAN INTERNMENT BILL (H.R. 442)
ACTION FYI
ACTION FYI
VICE PRESIDENT
HOBBS
DUBERSTEIN
>
HOOLEY
POWELL
KRANOWITZ
MILLER - OMB
MASENG
OGLESBY
RANGE
BAUER
RISQUE
CRIBB
RYAN
CRIPPEN
SPRINKEL
CULVAHOUSE
TUCK
DAWSON
TUTTLE
DONATELLI
FITZWATER
>
REMARKS:
Please provide any comments/recommendations directly to my office
by close of business on Friday, 07/29. Thanks.
RESPONSE:
0:05
Rhett Dawson
Ext. 2702
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Subject: Draft statement on passaged H. R.442- -
Japanise internment
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5/81
[DRAFT -- FOR RELEASE TODAY AFTER HOUSE PASSAGE OF H.R. 442,
PASSED BY THE SENATE YESTERDAY]
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
July , 1988
STATEMENT BY THE PRESIDENT
We welcome the passage by Congress of H.R. 442, a bill to provide
compensation for Americans of Japanese descent interned in the
United States during the Second World War. The bill reported
from the House-Senate conference and just passed by both Houses
is substantially improved over the versions of the bill
previously considered.
In the early 1940's, our leaders believing sincerely but wrongly
that their actions were proper and necessary to ensure the
security of the United States in a world at war, required
relocation and internment in the United States of large numbers
of Americans of Japanese descent. We recognize today that their
decision was gravely mistaken and at odds with the fundamental
values for which our Nation stands.
With enactment of H.R. 442, the Congress will provide the apology
of the Nation to those interned and authorize their compensation.
The legislation will close a sad chapter in American history in a
way that reaffirms America's commitment to the preservation of
liberty and justice for all.
THE WHITE HOUSE
WASHINGTON
April 20, 1988
MEMORANDUM FOR ARTHUR B. CULVAHOUSE, JR.
FROM:
C. DEAN MCGRATH, JR which
SUBJECT:
Japanese Internment Legislation (S. 1009) - Status
Report
On March 29, 1988, the President concurred with Senator Baker's
recommendation that the Administration withhold any further
threat of a veto of S. 1009 and explore the possibility of
reducing the potential costs. See Memorandum from Howard H.
Baker, Jr., to the President (Mar. 29, 1988).
On April 18, 1988, we advised the Office of Management and Budget
that we had no objection to Justice advising Members of Congress
about their constitutional concerns (equal protection and
Appointments Clause issues), provided no veto threat was
included. See Memorandum from C. Dean McGrath, Jr., to Branden
Blum (Apr. 18, 1988).
On April 19, 1988, we cleared a Statement of Administration
Policy that objected to S. 1009 on several grounds -- the number
of people covered, including interns who sought to relocate in an
enemy country; the cost; and coverage of persons from the Alaskan
Aleutian Islands. The Statement did not include any reference to
Justice's concerns. See Memorandum from C. Dean McGrath, Jr., to
Rhett B. Dawson (Apr. 19, 1988).
Finally, on April 19, 1988, I orally advised the Office of Legal
Counsel that we had no objection to Justice's proposed report
being submitted, in writing, to the Senate. See Memorandum from
C. Dean McGrath, Jr., to the File (Apr. 19, 1988).
THE WHITE HOUSE
WASHINGTON
March 29, 1988
MEMORANDUM FOR THE PRESIDENT
FROM:
HOWARD H. BAKER, JR.
SUBJECT:
RESTITUTION FOR JAPANESE INTERNMENT
I. ANALYSIS
The Senate will soon consider legislation to provide
restitution to individuals of Japanese ancestry who were
interned during World War II. Similar legislation
passed the House on September 17 by'a vote of 243-141.
The Senate bill currently has 73 cosponsors. The
Department of Justice has testified against both bills
and OMB issued a Statement of Administration position
opposing the House bill before its passage.
While there were reparations paid based on a 1948 Act,
they amounted to only $37 million for 26,500 claims. It
is estimated that there remain 60,000 eligible Japanese
Americans who were interned. Both bills are simple
authorizations, requiring subsequent appropriations,
which would have to fit under the budget agreement
totals for next year.
II. RECOMMENDATION
I recommend that we withhold any further threat of a
veto and explore with Congress the possibility of
reducing the potential costs while making it clear we
expect any subsequent appropriations to be in accord
with our budget agreement.
III. DECISION
AR
Approve
Disapprove
Approve as Amended
No Action
THE WHITE HOUSE
WASHINGTON
April 18, 1988
MEMORANDUM FOR BRANDEN BLUM
OFFICE OF MANAGEMENT AND BUDGET
FROM:
ASSOCIATE COUNSEL TO ruch
C. DEAN MCGRATH, JR.
SUBJECT:
Department of Justice Draft Report on S. 1009 -
Wartime Relocation and Internment of Civilians
This memorandum will confirm my oral advice that Counsel's office
has reviewed the above-referenced draft Department of Justice
report on S. 1009 and, based on our understanding that the
proposed report will not be formally submitted and that Justice
will not recommend that the President veto S. 1009, we have no
legal objection to the Justice Department briefing Members of
Congress on the substance of their objections.
THE WHITE HOUSE
WASHINGTON
April 19, 1988
MEMORANDUM FOR THE FILE
FROM:
C. DEAN MCGRATH, JR. werr
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Japanese Internment Legislation (S. 1009)
On Tuesday, April 19, 1988, I orally advised the Office of Legal
Counsel that we had no legal objection to the Department of
Justice submitting its proposed report on S. 1009 to the Senate
Judiciary Committee, provided that there was no reference to a
veto threat.
THE WHITE HOUSE
WASHINGTON
April 19, 1988
MEMORANDUM FOR RHETT B. DAWSON
ASSISTANT TO THE PRESIDENT FOR OPERATIONS
FROM:
C. DEAN MCGRATH, JR
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Clearance of Statement of Administration
Policy on Japanese Internment (S. 1009)
Counsel's office has reviewed the above-referenced proposed
Statement of Administration Policy on the Japanese internment
legislation (S. 1009) and, based on our understanding that this
matter has been discussed with the Department of Justice and that
Justice will not recommend that the President veto the proposed
legislation because of possible equal protection and Appointments
Clause problems, we have no legal objection to the proposed
Statement.
Thank you for submitting this proposed Statement for our review.
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
ROUTE SLIP
Take necessary action
TO
A.B. Culvahouse, Jr.
Approval or signature
Bob Damus
Comment
Tara Treacy
Prepare reply
Discuss with me
For your information
See remarks below
FROM Branden Blum
M
DATE 4/18/88
REMARKS
S. 1009 - Wartime Relocation and Internment
of Civilians
S. 1009 would, in part, provide $20,000
restitutionary payments to persons of
Japanese ancestry who were interned during
World War II. The bill is expected to be
considered by the Senate tomorrow (4/19).
Please review the attached Justice draft
report (which raises constitutional concerns
and contains a veto threat) and provide
me with any comments by 2:30 p.m. today.
CC: J. Murr
K. Schwartz
C. Beebe
OMB FORM 4
Rev Aug 70
ID #
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5/81
U.S. Department of Justice
Office of Legislative and Intergovernmental Affairs
Office of the Assistant Attorney General
Washington, D.C. 20530
The Honorable Joseph R. Biden, Jr.
DRAFT
Chairman, Judiciary Committee
United States Senate
Washington, D.C. 20510
Dear Mr. Chairman:
This letter presents the views of the Department of Justice
on S. 1009, a bill to compensate citizens and resident aliens of
Japanese ancestry who were relocated and interned during World
War II and individuals of Aleut ancestry who were removed during
the war from the Aleutian and the Pribilof Islands. For the
reasons set forth below, we believe the bill would violate the
Appointments Clause and the Due Process Clause of the Fifth
Amendment of the Constitution. Unless the bill is amended to
cure these violations, the Department will recommend that the
President veto the bill.
The Japanese internment provisions of the bill, 56201-07,
would establish a Civil Liberties Public Education Fund Board of
Directors (the "Board"), $206(a), to assist the Attorney General
in locating the individuals eligible to be paid the sum of
$20,000. $205 (a) (1). The Board would also be authorized to make
disbursements from a trust fund established for research and
public awareness programs. $206(b). The bill requires that at
least five of the nine member board be individuals of Japanese
ancestry. $206(c)(1). In addition, the bill restricts the
persons eligible to receive restitution to individuals of Japa-
nese ancestry. $201(1). We have two objections to this statu-
tory plan.
First, the requirement that eligible recipients be of Capa
DASS ancestry 9201(1), may violate the equal protection compo
1
These comments apply as well to H.R. 442.
2
The bill also requests the Attorney General to review criminal
convictions filed against individuals of Japanese ancestry during
the evacuation, relocation and internment period, recommend
individuals who meet specified criteria for pardon to the Presi-
dent, who in turn is requested to grant the pardon. $202. We
have no constitutional objection to these provisions because they
clearly impose no obligation upon the Attorney General or the
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First, the requirement that eligible.recipients be of Japa-
nese ancestry, $201(1), may violate the equal protection compo-
nent of the Fifth Amendment Due Process Clause. Congress plain-
ly has the power to compensate individuals, including those whom
it believes were unjustly interned during World War II. S. 1009,
however, restricts the eligible class of beneficiaries to indi-
viduals of Japanese ancestry. If the eligible class consists
only of individuals of Japanese ancestry, no constitutional
difficulty arises, but then the requirement of Japanese ancestry
is superfluous. On the other hand, if citizens other than Japa-
nese are in the eligible class, a serious constitutional question
arises because a classification based on race or national origin
can be justified only by a compelling or substantial national
interest. See, e.g., Bolling v. Sharpe, 347 U.S. 497, 499 (1954)
(Pursuant to the Fifth Amendment, "(cllassifications based solely'
upon race must be scrutinized with particular care, since they
are contrary to our traditions and hence constitutionally sus-
pect.") (footnote omitted); Wygant V. Jackson Bd. of Education,
476 U.S. 267 (1986) (racial classifications under the Fourteenth
Amendment must serve compelling or at least important governmen-
tal objectives).
One possible justification for the requirement of Japanese
ancestry would be a finding that during World War II only indi-
viduals of Japanese ancestry were interned because of animus
based on race or national origin. The legislation, however,
contains no such finding. In the absence of such a factually
supportable finding, we can imagine no interest that justifies
limiting eligibility to persons of Japanese ancestry. Under the
current version of the bill, if any persons were interned on the
basis of national origin other than those of Japanese ancestry,
the classification scheme would deny them benefits solely be-
cause of their country of origin. While Congress can lawfully
exclude from eligibility any individuals also interned for rea-
sons of national security, or based on other non-suspect classi-
fications, the exclusion of persons not of Japanese ancestry who
were also interned for reasons of race or national origin raises
a serious constitutional question.
Second, the bill's requirement that five of the nine members
of the Board be individuals of Japanese ancestry violates the
3
The Due Process Clause of the Fifth Amendment bars "invidious
racial discrimination, Morton V. Mancari, 417 U.S. 535, 552
(1974), and actions of the federal government "so unjustifiable
as to be violative of due process." Bolling v. Sharpe, 347 U.S.
497, 499 (1954) (footnote omitted). In this respect, the Fifth
Amendment Due Process Clause now incorporates an equal protection
component.
4
Indeed, we believe that such discrimination is particularly
inappropriate in legislation that seeks to compensate individuals
for being interned on the basis of a racial or national origin
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Appointments Clause and the equal protection component of the Due
Process Clause. The Appointments Clause, U.S. Const. Art, II,
$2, cl.2, requires that "officers of the United States, i.e.,
those persons who have "significant authority pursuant to the
laws of the United States, Buckley v. Valeo, 424 U.S. 1, 126
(1976), be appointed by one of two methods. Any officer of the
United States may be appointed by the President, subject to the
advice and consent of the Senate, or the appointment of "in-
ferior" officers in the executive branch may be vested by Con-
gress in the President alone or the heads of the executive branch
departments.
Because the Board, among other functions, would authorize
disbursement of funds for research and educational activities,
$206 (b), it would exercise significant authority under the laws
of the United States. Accordingly, its members would be officers
of the United States who must be appointed pursuant to the Ap-
pointments Clause. All nine board members are to be appointed by
the President, by and with the advice and consent of the Senate.
$206 (c) (1). The requirement that at least five members of the
Board be individuals of Japanese ancestry, 5206(c), impermissibly
infringes on the President's constitutional authority to appoint
the officers he deems suitable for the office Congress creates.
The only check that the text of the Constitution places on power
of appointment is the advice and consent of the Senate.
Moreover, the specification of Japanese ancestry for Board
membership violates Fifth Amendment due process by discriminating
based on race or national origin. As we observed above, classi-
fications based on race or national origin, even those seeking
to benefit rather than discriminate against a particular group,
can be justified only by the existence of a compelling or impor-
tant national interest. The policy preference to seat individu-
als of Japanese ancestry on the Board does not satisfy this
standard because the functions assigned to the board -- assisting
the Attorney General in locating eligible recipients and funding
research programs -- can be performed regardless of racial ances-
try. It is particularly unfortunate to revive classifications
4 (Cont.) classification.
5
In Morton V. Mancari, the Supreme Court upheld a federal stat-
ute giving members of federally recognized Indian tribes prefer-
ence for employment with the Bureau of Indian Affairs. The Court
found the preference constitutional because it was "reasonable
and rationally designed to further Indian self-government."
Morton, 417 U.S. at 555. Secondly, the preference was "granted
to Indians not as a discrete racial group, but, rather, as mem-
bers of quasi-sovereign tribal entities Id. at 554.
Morton, however, does not support the present classification
based on Japanese ancestry. The preferential treatment of Ameri-
can Indians reflects their unique constitutional and historical
status. Id. at 551-55. Moreover, the legislative preference in
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based on race or national origin in a bill whose declared purpose
is to remedy injustices which flowed from an animus based on race
or national origin. To cure these defects, the requirement that
the Board be comprised of at least five members of Japanese
ancestry must be deleted.
Sections 301-09 of S. 1009 proposes the separate enactment
of the Aleutian and Pribilof Islands Restitution Act. It would
establish a fund to be administered by the Secretary of the
Interior, $303(a). Compensation would be provided for three
categories of Aleut losses sustained in World War II: community
losses compensated from a trust to be maintained and operated by
not than seven trustees designated by the Secretary, $305, indi-
vidual compensation for eligible Aleuts, $306, and a restitution
program for Attu Island, $307.
We have no objection to the section 305 community loss
provision because the benefits run to inhabitants of the affected
Aleut villages, rather than to Aleuts only, and consequently
similarly situated persons are not being denied benefits based on
an impermissible classification. By contrast, section 306 re-
stricts individual compensation to civilian Aleuts interned
during the World War II or their children, if any, born while the
mother was subject to relocation. $302(5). If all villagers
falling within the bill's coverage are Aleuts, the restriction is
a harmless, but nonetheless objectionable racial preference. If
however non-Aleuts were also relocated from the Pribilof Islands
or the Aleutian Islands west of Unimak Island, then, as with the
internment of citizens of Japanese ancestry, similarly situated
persons would be subject to discriminatory treatment. Even if
the Aleuts would qualify as a "quasi-sovereign tribal entity,'
see supra note 5, the statutory restriction on individual bene-
ficiaries does not relate to or advance an interest in self-
government and, accordingly, would not be justified under
Morton v. Mancari, supra.
Upon enactment of the bill, the Secretary is directed to
offer to negotiate and execute an agreement with a nonprofit
regional corporation established for the benefit of the Aleut
people, the Aleutian/Pribilof Islands Association, Inc. (Associa-
tion), to name an Administrator who would advise and inform the
Secretary concerning expenditures from the fund. $304. The
section further provides that the Secretary may appoint the
Association as Administrator if an agreement is reached within 90
5
(Cont.) Morton did not impose a "racial" preference, but
rather sanctioned a tribal classification related to the
"legitimate, nonracially based goal" of Indian self-government.
Id. at 554. By contrast, S. 1009 would explicitly classify
eligible Board members based on a racial characteristic. The
classification does not relate to a non-racially based interest
in tribal self-government. Nor is it narrowly tailored or
substantially related to the bill's aim of providing restitution
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days of enactment, but that if no agreement is reached, the
Secretary shall appoint an Administrator after consultation with
the Association and affected Aleut village leaders. Id.
Congress may properly vest the appointment of the trustees,
who would exercise significant authority in distributing trust
funds, $305(b)(3), in an "inferior" officer, the Secretary of the
Treasury, within the meaning of the Appointments Clause. To the
extent, however, that the Administrator also would exercise
significant authority under the laws of the United States, the
bill impermissibly constrains the vesting of the appointment
authority in the Secretary by mandating a 90-day negotiation
period with the Association. Under these circumstances, the
bill should be amended to suggest, but not require, that the
Secretary consult with the Association for a 90-day period.
We object to this legislation unless it is amended to address
the constitutional difficulties outlined in this letter. Should
the measure be adopted in its current form, the Department of
Justice will recommend that the President veto the bill.
The Office of Management and Budget has advised this Depart-
ment that there is no objection to the submission of this report
from the standpoint of the Administration's program.
Sincerely,
Thomas M. Boyd
Acting Assistant Attorney General
5
(Cont.) for citizens interned during World War II.
6
While the issue is not free from doubt, the powers granted the
administrator would seem sufficient to make him an officer. In
addition to the obligation to advise and inform the Secretary,
$302(1), the Administrator is required to make an inventory and
assessment of church property damaged or destroyed in affected
Aleut villages during World War II, which he is to submit to the
Secretary for review and subsequent payment. $305(c).
- 5 -
OFFICE RESIDENT STATES UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503
April 18, 1988
MEMORANDUM FOR RHETT DAWSON
DAN CRIPPEN
THROUGH:
ALAN KRANOWITZ 4MK
FROM:
JOE GORDON WRIGHT WHEELER Jan you
SUBJECT:
Clearance of SAP on Japanese Internment
S. 1009 - Wartime Relocation and Internment of Japanese
Civilians
Due to the sensitivity of this issue we wanted to run this
Statement of Administration Policy through the channels one more
time before transmitting it to the Hill.
As you know, it is very likely to be brought up on the Senate
floor tomorrow.
Attached draft SAP
E
PRESIDENT
STATEMENT OF
no BUDGET UNITED and OFFICE
ADMINISTRATION
POLICY
April 18, 1988
(Senate)
S. 1009 - Implement Recommendations of Commission on
Wartime Relocation and Internment of Civilians
(Matsunaga (D) Hawaii and 73 others)
The Administration would support S. 1009 if it were amended to:
-- exclude restitutionary payments to (1) persons who
relocated or sought relocation during World War II to a
country at war with the United States, (2) persons who are
not domiciled in the United States on the date of enactment
of this bill, or (3) the estates of "eligible individuals"
(i.e., require that payments be made only to living
persons) ;
-- provide that any payment received pursuant to S. 1009 is in
full settlement of any claim of the individual against the
United States based on internment;
-- extend the authorization period from five years
($500 million in 1989, $400 million in 1990, $200 million
in 1991, and $100 million in 1992 and 1993) to ten years at
$125 million per year;
-- delete title III, concerning reparations to persons from
the Alaskan Aleutian Islands who were relocated during
World War II, because providing benefits for wartime
hardships which resulted from proper actions (i.e., removal
from a war zone) is not warranted.
*
(Not to be Distributed Outside Executive Office of the President)
This position was drafted by the Legislative Reference Division
in consultation with the Department of Justice (Burton) and TCJ
(Treacy).
Provisions of S. 1009
S. 1009 would implement the recommendations of the Commission on
Wartime Relocation to provide restitution ($20,000 to each
eligible individual from a newly-established trust fund of
approximately $1.3 billion) to persons of Japanese ancestry who
were interned during World War II. (The bill would not exclude
payments to individuals who relocated, or attempted or requested
to relocate, during World War II to a country at war with the
United States.) Monies remaining in the fund after payments to
2
eligible persons (estimated to be approximately $100 million)
would be available for research and educational activities
related to the internment. Other major provisions of S. 1009
would:
-- request the Attorney General to review certain criminal
convictions of interned persons and to submit pardon
recommendations to the President;
-- require all Federal departments and agencies to review
applications for the restitution of positions or other
benefits or entitlements lost because of discriminatory
acts during World War II by the United States based upon an
individual's Japanese ancestry;
-- apologize on behalf of the United States to persons of
Japanese ancestry who were interned during World War II;
-- establish a Board of Directors of the newly-established
trust fund to govern disbursements from the fund for
research and educational purposes;
-- authorize "such sums as are necessary" to provide $12,000
in restitution to eligible Aleuts who were relocated from
villages in the Aleutian or Pribilof Islands during World
War II;
-- establish a $5 million trust fund to provide scholarship
and other assistance to residents of certain Aleutian
villages; and
-- authorize the Secretary of the Interior to provide up to
$15 million to the Aleuts as compensation for the loss of
ownership of Attu Island.
Legislative Reference Division Draft
4/18/88 -- 6:50 p.m.
ID #. 567336 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
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I . INCOMING
Dear
Date Correspondence
Received (YY/MM/DD)
/
Rhett Dawson
fyi
Name of Correspondent:
MI Mail Report
User Codes: (A)
(B)
(C)
Subject:
Restitution for Japanese Saturament
ROUTE TO:
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DISPOSITION
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ORIGINATOR
88,03,30 PY
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Referral Note:
WAT2B
A/I 88,03,31
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Referral Note:
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1
Referral Note:
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1
Referral Note:
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-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
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I - Info Copy Only/No Action Necessary
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C Completed
C . Comment/Recommendation
R - Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S - For Signature
F Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
No further action necessary.
C. 8-10-88 Dean McGrath, when.
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
567336c4
THE WHITE HOUSE
WASHINGTON
March 29, 1988
DATE:
NOTE FOR: JIM MILLER
The President has
seen
acted upon
commented upon
the attached; and it is forwarded to you for your:
information
x
action
Rhett Dawson
(x-2702)
Alan Kranowitz
cc:
A. B. Culvahouse
Nancy Risque
THE WHITE HOUSE
WASHINGTON
March 29, 1988
MEMORANDUM FOR THE PRESIDENT
FROM:
HOWARD H. BAKER, JR.
SUBJECT:
RESTITUTION FOR JAPANESE INTERNMENT
I. ANALYSIS
The Senate will soon consider legislation to provide
restitution to individuals of Japanese ancestry who were
interned during World War II. Similar legislation
passed the House on September 17 by a vote of 243-141.
The Senate bill currently has 73 cosponsors. The
Department of Justice has testified against both bills
and OMB issued a Statement of Administration position
opposing the House bill before its passage.
While there were reparations paid based on a 1948 Act,
they amounted to only $37 million for 26,500 claims. It
is estimated that there remain 60,000 eligible Japanese
Americans who were interned. Both bills are simple
authorizations, requiring subsequent appropriations,
which would have to fit under the budget agreement
totals for next year.
II. RECOMMENDATION
I recommend that we withhold any further threat of a
veto and explore with Congress the possibility of
reducing the potential costs while making it clear we
expect any subsequent appropriations to be in accord
with our budget agreement.
III. DECISION
AR
Approve
Disapprove
Approve as Amended
No Action