Office of Redress Administration

U.S. Department of JusticeCivil Rights DivisionOffice of Redress Administration

Office of the Administrator P.O. Box 66260Wishing ton, D.C. 20035-6260

j EC I o 1990

Dear Friends:I am enclosing a small memento of the ceremony where we

presented the first Japanese American redress payments. This souvenir edition of the program has been expanded to include messages from the President and the Attorney General.

I am pleased that so many of you were able to join us. The cordial presence of our friends and supporters made the event all the more special for me and my staff. While we missed the others of you who could not be there, we also recognize that we gave you very short notice, which was unavoidable.

I hope you will enjoy having this token, and look back on the occasion as fondly as I do.

Sincerely

Robert K. Bratt Administrator of Redress

U .S . D epartm ent o f JusticeWashington, D.C. 20530

“ . . .And Justice For All”

A Celebration Marking the First Redress Payments Under the Civil Liberties Act of 1988

October 9, 1990 10:00 a.m.

The Great Hall United States Department of Justice

. .And Justice For All”

WelcomeAdministrator of Redress Robert K. Bratt

Pledge of AllegianceJapanese American World War II Veterans

Musical SelectionThe National Anthem

InvocationThe Reverend Mamoru Eto

Introduction of the Attorney GeneralDeputy Assistant Attorney General James P. Turner

GreetingsAttorney General Dick Thornburgh

Introduction of the Assistant Attorney GeneralJames Turner

Opening RemarksAssistant Attorney General John R. Dunne

Presentation of Redress ChecksDick Thornburgh, James Turner, and Robert Bratt

RecognitionsRobert Bratt

Volunteerism: For Volunteer Support of the Redress Program

Japanese American Citizens League

National Coalition for Redress and Reparations

National Council for Japanese American Redress

Privatization Initiative: For Contract Support of the Redress Program

Aspen Systems, Incorporated

Closing RemarksJohn Dunne

Musical SelectionGod Bless America

Reception Immediately Following

T H E W H I T E H O U S E

WASHINGTON

A monetary sum and words alone cannot restore lost years or erase painful memories; neither can they fully convey our Nation's resolve to rectify injustice and to uphold the rights of individuals. We can never fully right the wrongs of the past. But we can take a clear stand for justice and recognize that serious injustices were done to Japanese Americans during World War II.In enacting a law calling for restitution and offering a sincere apology, your fellow Americans have, in a very real sense, renewed their traditional commitment to the ideals of freedom, equality, and justice. You and your family have our best wishes for the future.

Sincerely,

©ffirp nf thp Attnrnpy denoral® a 0h in g to n ,l .(£ .20530

October 9, 1990

MESSAGE FROM THE ATTORNEY GENERAL ON THE OCCASION OF THE PRESENTATION OF

THE FIRST JAPANESE AMERICAN REDRESS CHECKS

As Attorney General, I take pride in this occasion being eld in this Great Hall of the Department of Justice. Your truggle for Redress and the events that led to today are the inest examples of what our country is about, and of what we have ledged to protect and defend. Your efforts have strengthened he nation's Constitution by reaffirming the inalienability of ur civil rights.

We enjoy a precious system of government that is unsurpassed y any in the world. Even when that system failed you, you never ost your faith in it. On the contrary, you believed that hrough that system you could achieve the justice which you had een denied. By finally admitting a wrong, a nation does not estroy its integrity but, rather, reinforces the sincerity of ts commitment to the Constitution and hence, to its people. In orcing us to reexamine our history, you have made us only tronger and more proud. For that, all Americans are indebted to ou.

I am not unmindful of the historic role this Department of ustice played in the internment. It is somehow entirely fitting hat it is here where we now celebrate redress. Please accept my est personal regards.

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Employees and Contractor Staff (current and former) of the

Office of Redress Administration:

Tokunboh Akinnagbe Donna LeRoux John Amponsah Kevin Lewis Edward Anderson Shirley Lloyd Nne Asi Mario Lopez-Gomez Brenda Bates Davy Matthew Cora Beaver-Shelly Bernadette Mayrant Phillip Brady Maurice Nathan Robert Bratt Patricia Nolan Renee Caputo Valerie O’Brian Joan Charlton Folabi Olagabaju Joanne Chiedi Diana Ollivierre Anita Childs Orju Onyekwere Patricia Chineme Pushpa Patel Jean Chipouras Frank Pfeiffer James Douglas Teresa Reed Michael DuBard Jaqueline Richardson William Dwyer Lori Robb Pacy Fine Henshaw Diane Roberts Sonia Fox Kathleen Roso Aileen Fukuda Pamela Rouse John Gadberry Carolyn Russell Charlene Gillis Sheila Sermon Wille Andre Graves Delores Standley Scott Harper Paul Suddes Annette Harris Merle Surosky Darren Harris Llyn Suruma Gerard Hennigan George Svejda Carolyn Herrion Darlene Walker Phyllis Holmberg Cheryl Watanabe Lorraine Jackson Martha Watanabe Marygrace Jennings Alicie West-Simpson Benjamin Joseph Agnes Wilson Denise Jones Barbara Weinstein Urila Jude Aaron Zajic Alice Kale Dana ZerfasHagos Lemlem

U.S. Department of JusticeWashington, D.C. 20530

“ . . .And Justice For All”

A Celebration Marking the First Redress Payments Under the Civil Liberties Act of 1988

October 9, 1990 10:00 a.m.


. .And Justice For A11”

WelcomeAdministrator of Redress Robert K. Bratt

Pledge of AllegianceJapanese American World War II Veterans

Musical SelectionThe National Anthem

InvocationThe Reverend Mamoru Eto

Introduction of the Attorney GeneralDeputy Assistant Attorney General James P. Turner

GreetingsAttorney General Dick Thornburgh

Introduction of the Assistant Attorney GeneralJames Turner


Presentation of Redress ChecksDick Thornburgh, James Turner, and Robert Bratt


Volunteer ism: For Volunteer Support of the Redress Program

Japanese American Citizens League


National Council for Japanese American Redress




Musical SelectionGod Bless America


T H E WH I T E H O U S E

WASHINGTON


Sincerely,

©fftrp of the Attflmpy (tapral fiJaBhiitglon,®. (£. 2053D

October 9, 1990

MESSAGE FROM THE ATTORNEY GENERAL ON THE OCCASION OF THE PRESENTATION OF

THE FIRST JAPANESE AMERICAN REDRESS CHECKS

As Attorney General, I take pride in this occasion being held in this Great Hall of the Department of Justice. Your struggle for Redress and the events that led to today are the finest examples of what our country is about, and of what we have pledged to protect and defend. Your efforts have strengthened the nation's Constitution by reaffirming the inalienability of our civil rights.

We enjoy a precious system of government that is unsurpassed by any in the world. Even when that system failed you, you never lost your faith in it. On the contrary, you believed that through that system you could achieve the justice which you had been denied. By finally admitting a wrong, a nation does not destroy its integrity but, rather, reinforces the sincerity of its commitment to the Constitution and hence, to its people. In forcing us to reexamine our history, you have made us only stronger and more proud. For that, all Americans are indebted to you.

I am not unmindful of the historic role this Department of Justice played in the internment. It is somehow entirely fitting that it is here where we now celebrate redress. Please accept my best personal regards.

Employees and Contractor Staff (current and former) of the

Office of Redress Administration:

Tokunboh Akinnagbe Donna LeRoux John Amponsah Kevin Lewis Edward Anderson Shirley Lloyd Nne Asi Mario Lopez-Gomez Brenda Bates Davy Matthew Cora Beaver-Shelly Bernadette Mayrant Phillip Brady Maurice Nathan Robert Bratt Patricia Nolan Renee Caputo Valerie O ’Brian Joan Charlton Folabi Olagabaju Joanne Chiedi Diana Ollivierre Anita Childs Orju Onyekwere Patricia Chineme Pushpa Patel Jean Chipouras Frank Pfeiffer James Douglas Teresa Reed Michael DuBard Jaqueline Richardson William Dwyer Lori Robb Pacy Fine Henshaw Diane Roberts Sonia Fox Kathleen Roso Aileen Fukuda Pamela Rouse John Gadberry Carolyn Russell Charlene Gillis Sheila Sermon Wille Andre Graves Delores Standley Scott Harper Paul Suddes Annette Harris Merle Surosky Darren Harris Llyn Suruma Gerard Hennigan George Svejda Carolyn Herrion Darlene Walker Phyllis Holmberg Cheryl Watanabe Lorraine Jackson Martha Watanabe Marygrace Jennings Alicie West-Simpson Benjamin Joseph Agnes Wilson Denise Jones Barbara Weinstein Urila Jude Aaron Zajic Alice Kale Dana ZerfasHagos Lemlem

U.S. Department of JusticeCivil Rights Division

Washington, D.C. 20530

JAMES P. TURNER DEPUTY ASSISTANT ATTORNEY GENERAL

CIVIL RIGHTS DIVISION

Mr. Turner currently serves at the U.S. Department of Justice as Deputy Assistant Attorney General of the Civil Rights Division, a position he has held since 1969. He is responsible for the supervision of assigned segments of the Division's operation. From December 1988 to April 1990, and December 1980 to July 1981, he served as Acting Assistant Attorney General. Special assignments have included appearances before the United States Supreme Court, numerous Congressional committees, and various organizations.

From 1957 to 1961, Mr. Turner served in the Justice Department's Tax Division, before heading West to practice law in his home state of Colorado with the firm of Calkins, Kramer, Grimshaw & Harring. He returned to Washington to join the Civil Rights Division in 1965, and served as a trial attorney and supervisor before accepting the position he currently holds.

In 1983, Mr. Turner was chosen to receive the Distinguished Executive Award, presented by former President Ronald Reagan, and in 1978, the Distinguished Service Award, presented by then Attorney General Bell. He is a member of the bars of the U.S. Supreme Court, the District of Columbia, and the State of Colorado, and a member of the American Bar Association.

Having served with the U.S. Marine Corps in 1952-1954, Mr. Turner went on to the University of Missouri School of Journalism, the University of Colorado School of Law, and in 1978, the Senior Managers in Government Program at Harvard University. He is married and has four children, five grandchildren, and two stepsons.

U.S. Department of Justice

Civil Rights Division

Deputy Assistant A ttorney General

Washington, D.C. 20530

JOHN R. DUNNE ASSISTANT ATTORNEY GENERAL

CIVIL RIGHTS DIVISION

John Dunne was appointed by President Bush in March 1990 as Assistant Attorney General for Civil Rights with responsibility for the enforcement of all federal statutes affecting civil rights.

Prior to his appointment, Mr. Dunne served in the New York State Senate for 24 years representing Long Island's Sixth Senate District, a career which included a broad range of committee chairmanships and assignments dealing with criminal justice, the courts, insurance, finance and the environment. He served as Deputy Majority Leader and as Chairman of the Senate Judiciary Committee and as a member of the State Legislative Commission on Toxic and Hazardous Waste Substances and was Co-Chairman of the Senate Majority Task Force on AIDS. Mr. Dunne also served as Chairman of the Senate Committee on Insurance and the Senate Committee on Crime and Corrections.

Mr. Dunne has practiced law for more than 35 years and isactive in both the American and New York State Bar Associations,having served as a member of the House of Delegates for both associations. He is a Life Fellow of both the American BarFoundation and the New York State Bar Foundation and is a memberof the American Judicature Society. In addition, he is a member of the Association of the Bar of the City of New York and is a Past President of the Nassau County Bar Association and of the Nassau County Legal Aid Society.

Mr. Dunne has authored numerous articles which have appeared in The New York Times. Newsdav. New York State Bar Journal. American Bar Journal. Fordham Urban Law Review. Hofstra Law Review. St. Louis University Public Law Review. Best's Insurance Review and other professional publications.

Born on January 28, 1930, Mr. Dunne is a graduate of Georgetown University and Yale Law School and, until joining the Justice Department, was a partner in the national law firm of Rivkin, Radler, Dunne & Bayh.

He and his wife Denise presently reside in Washington, D.C.They have four children.

US. Department of JusticeCivil Rights Division

Office o f the Assistant Attorney General Washington, D.C. 20530

REMARKS BYASSISTANT ATTORNEY GENERAL FOR CIVIL RIGHTS

JOHN R. DUNNEOn the Occasion of the Presentation

of the First Redress Payments Under the Civil Liberties Act of 1988

It is fitting that we should open our program today with a prayer and with the Pledge of Allegiance, for today we rededicate ourselves to the ideals upon which this nation was founded, and we look to God for guidance and strength in our mission to uphold them.

Our theme this morning, stated in the title of our program, is "Justice For All." We have borrowed the phrase from the Pledge of Allegiance, whose words we know so well that they roll forth in a strong, familiar, cadence: "...One Nation, Under God, Indivisible, With Liberty and Justice for All." These are ideals that we pledge to pursue, not facts of life. This is what we strive for? not a past achievement, but an ongoing mission for all Americans.

We have with us today World War II Veterans who fought with one of the most decorated combat battalions in that war, — who fought for Liberty and for Justice, — who fought to protect this One Nation Under God, while back at home, in places like Manzanar, Jerome, and Heart Mountain, their families waited behind barbed wire, under armed guard — their loyalty to this nation questioned.

Roughly 18,000 men served with the 442nd Regimental Combat Team, a battalion of all Japanese American soldiers. In seven major campaigns in France and Italy, the 442nd suffered 9,486 casualties— more than 300 percent of its original infantry strength, including 600 killed. Their belief in this nation seemed unshaken by events at home, for at the war's end, the 442nd received seven Presidential Distinguished Unit Citations, 18,143 individual decorations, one Congressional Medal of Honor, 47 Distinguished Service Crosses, 350 Silver Stars, 810 Bronze Stars, and more than 3,600 Purple Hearts. Such was the valor of our Nisei Veterans, so strong their belief in this nation, and,

in the face of such patriotism, so poignant the irony of the internment.

Saddam Hussein, President of Iraq, stated in August of this year that the detention of foreigners in Iraq and Kuwait is no different from the U.S. Government's internment of Japanese Americans during World War II. His spiteful words took a very deliberate stab at an old wound — a wound that our meager words and this monetary restitution cannot ever truly heal. But we are bound by honor, and we believe in our duty to uphold the ideals expressed in our Constitution. We have recognized our error, and today, we face it squarely. May Hussein learn a lesson here.

Two years ago, we saw the passage of the Civil Liberties Act of 1988. Adding to this tradition of commitment to civil rights, the Bush Administration has continued to support redress, and today proudly takes part in its realization. The Civil Liberties Act of 1988 affirms this administration's deep commitment to protecting the fundamental principles of individual rights contained in the Constitution, in times of war as well as in times of peace.

This is an ongoing commitment, to which this Department and the Civil Rights Division, in particular, remain dedicated. In 1942, when Japanese Americans were the targets of discrimination, there was no Civil Rights Division. Today, when Arab Americans find their loyalty questioned, as has been reported in San Francisco, Chicago, and Michigan, with incidents of harassment and violence against American citizens of Arab ancestry, our response is immediate. The FBI, this Division, and local government bodies stand ready to protect our basic Civil Rights.

Regrettably, this is but one aspect of a troubling phenomenon which the entire nation has been witnessing: a startling rise in the number of Hate Crimes — acts of violence by groups and by individuals based upon racial, ethnic, and religious bigotry. This bigotry is a poison which we in the Civil Rights Division will continue to fight wherever we find it. But we will also join with community leaders and law enforcement officials in the development of a national policy to enforce the laws that protect against such shameful crimes. Congress has recognized the need for action by passing the Hate Crimes Act, which will provide basic data necessary to identify these pockets of irrational and repugnant behavior, where ever they exist. For we must work together toward a society protective of the constitutional rights of all of its people.

Today, we acknowledge the faith, fortitude, and allegiance of the Japanese Americans who suffered the very personal injustice of the internment and the racial intolerance that fueled it.

Let me close by reading an excerpt from the Civil Liberties

Act, the "Statement of the Congress," which became the statement of the nation when this Act was signed into law:

"With Regard to Individuals of Japanese Ancestry The Congress recognizes that ... 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. ... these actions were carried out without adequate security reasons and ... were motivated largely by racial prejudice, wartime hysteria, and a failure of political leadership. The excluded individuals of Japanese ancestry suffered enormous damages ... which resulted in significant human suffering... . For these fundamental violations of the basic civil liberties and constitutional rights of these individuals ..., the Congress apologizes on behalf of the Nation."

We take great pride in celebrating together today our shared trust in this nation, and our renewed dedication to the cause of liberty and justice for all upon which it was founded.

U.S. Department of JusticeCivil Rights Division

Wishington, D.C. 20530

ROBERT K. BRATT EXECUTIVE OFFICER, CIVIL RIGHTS DIVISION

ADMINISTRATOR, OFFICE OF REDRESS ADMINISTRATION

Mr. Bratt currently serves as Executive Officer for the Administrative Management Section of the Civil Rights Division, U.S. Department of Justice, and concurrently, as Administrator of the Office of Redress Administration.

The Division's Executive Officer oversees the full range of management support functions for the division, including personnel, budget and accounting, automated systems, procurement, facilities and property management, mail and file operations and Freedom of Information and Privacy Act matters.

As Administrator of the Office of Redress Administration,Mr. Bratt directs the implementation of section 105 of the Civil Liberties Act of 1988.

Mr. Bratt has made his entire career in the federal service. His initial appointment was as a participant in the cooperative education program at the (then) Department of Health, Education, and Welfare. Upon college graduation, he accepted a permanent position with that agency, and approximately a year later came to the Department of Justice as a Budget Analyst.

For the next eight years thereafter, he held progressively responsible positions in budgeting and financial management, rising to Assistant Director of the Justice Department's Budget Staff. With that background, he assumed his current position as Executive Officer in 1986, and Administrator for Redress in September of 1988.

In 1989 Mr. Bratt was selected as a recipient of the President's Council on Management Improvement Awards (PCMI), for his role in directing the Japanese American Redress program. The PCMI is based on a government-wide competition which recognizes excellence in managerial achievement.

In 1988, Mr. Bratt was conferred the Attorney General's Award for Excellence in Management, the Justice Department's highest award for managerial achievement. There were only two recipients of this honor in 1988. He has also received Special Achievement Awards.


THE CIVIL LIBERTIES ACT OF 1988

E lig ibility P ro cess fo r M em bers o f th e U n ited S tates A rm ed F orces

INTRODUCTION:

Individuals of Japanese ancestry who were on active duty in the U.S. Armed Forces at the time of mandatory evacuation during World War II may be eligible for a redress payment, even if they were not interned. To be eligible, a person must have been prohibited from visiting family members who were interned, or have lost property because they were unable to return to their domicile in a prohibited zone to safeguard their possessions.

Because the requirements for military recipients is slightly different from the eligibility requirement for others, the verification process for veterans is also different. This process is outlined in this handout.

STEP 1:

Individuals who served in the military and lost property or were deprived liberty should send a letter to the Office of Redress Administration at the following address:

Office of Redress Administration Post Office Box 66260

Washington, DC 20035-6260

The letter should include:

the individual's name ©> current address ©> date of birth

telephone number ©> dates of military service.

ORA must process all cases in age order, beginning with the oldest. After a letter from a veteran is received, that case is placed in age order with all other cases awaiting review. Thus, individuals who are younger than the recipients currently being processed by ORA will not receive a response from ORA until review of cases in their age group is begun.

STEP 2:

Each individual will receive from ORA a special verification letter for military cases. This letter requests that the recipient describe their case, which may fall into one or both of the catagories shown below, and provide evidence to document their claim.

ORA will accept as evidence statements from two individuals with firsthand knowledge of the loss of property or deprivation of liberty. In addition, the recipient will need to sign a declaration form and provide a copy of their military discharge papers (ORA will obtain copies of the discharge papers on behalf of a recipient; however, this could cause a delay in confirming eligibility.)

Again, there are two ways by which a Japanese American World War II veteran may be eligible to receive a redress payment:

■ Loss of Property

The individual must have lost real or personal property of any value because, as a result of government action, they were unable to re-enter the prohibited zone to safeguard their property, or had property seized by the government.

OR

■ Deprivation of Liberty

The individual must have been prohibited from visiting his interned family or forced to submit to undue restrictions amounting to a deprivation of liberty prior to visiting his family.

STEP 3:

After ORA has reviewed the response to the military package, and the individual has provided adequate documentation as to their eligibility, ORA will send a letter of potential eligibility to the individual. This letter will require the individual to sign an additional declaration and provide proof of current address.

STEP 4:

ORA will review the recipient's response to the letter of potential eligibility. If everything is in order, the recipient will be mailed a final eligibility notice, which confirms that all processing has been completed and that the recipient will receive a check when funds become available.

U. S. Department of JusticeCivil Rights Division Office of Redress Administration

REDRESS PROGRAM IN BRIEF

HISTORICAL PERSPECTIVE

>■ 1941 Population Hawaii: 158,000; Mainland: 126,000 people of Japanese ancestry.

V Discriminatory Persons of Japanese ancestry could not become naturalized Climate citizens; could not own land (in some states) without citizen

ship; immigration limited and eventually curtailed in 1924.

V U.S. Entry into World Japanese bomb Pearl Harbor December 7,1941. U.S. declares War II war on Japan the next day.

^ Government Reaction FBI immediately began arresting persons of Japanese ancestry, detaining 1,291 by December 10,1941.

V Exclusion On February 19,1942, Executive Order 9066 gave authority to the Secretary of War to exclude any persons from designated areas in order to secure national defense objectives.

V Evacuation and On March 2, 1942, military zones 1 and 2 designated; volunRelocation tary evacuation, which had begun as early as December, 1941,

increased, monitored by the War Department. Mandatory evacuation began March 30,1942. Eventually, 120,000 persons were relocated, approximately 2,000 of whom were from Hawaii.

Internment As defined in the act, the internment period lasted from December 7, 1941, until the closing of the War Relocation Authority, which administered the camps, on June 30,1946.

The Japanese American Evacuation Claims Act of 1948 Early Attempt atCompensation provided compensation for damage to or loss of property not

compensated for by insurance, which occurred as a consequence of the evacuation or exclusion. 26,568 claims totaling $148 million were filed; $37 million distributed by the government.

Government Study The Commission on Wartime Relocation and Internment of Civilians issued its findings, Personal Justice Denied, in December, 1982. The commission recommended public acknowledgement, formal apology, and individual reparations.

LEGISLATION

^ Law Enacted The Civil Liberties Act of 1988 was signed into law on August 10,1988.

>> Estimated Number 65,000 of 120,000 originally affected, as of August 10,1988.Surviving

^ Amount of Individual $20,000 lump sum, free of federal taxes. Payments are to be Payment made in descending order, beginning with eligible people in

the oldest age group (or their heirs), whom ORA has located at that time.

Eligible individuals have the right to refuse payment. Monies refused will remain in the Civil Liberties Public Education Fund.

2

V Eligibility for Payment

Location Procedure

Location'Deadline'

Payment to Survivors of Eligible Individuals

Any person of Japanese ancestry who:

A) was a U.S. citizen or permanent resident alien between December 7,1941 and June 30,1946; and

B) was confined, held in custody, relocated, or otherwise deprived of liberty or property as a result of action taken by or on behalf of the U.S. Government solely on the basis of Japanese ancestry; and

C) was alive on August 10,1988; EXCLUDING

D) those who relocated to a country while the U.S. was at war with that country between December 7, 1941 and September 2,1945.

The Attorney General shall identify and locate, without requiring any application for payment and using records already in the possession of the U.S. Government, each eligible individual. Any eligible individual may notify the Attorney General that they are eligible and may submit proof.

Within one year of appropriation of necessary funds. wever, failure to be identified and located by the end of the elve-month period shall not preclude an eligible individual m receiving payment.

Hotwfro

If an eligible individual died after August 10,1988, payment will be made in the following order:

1. to surviving spouse, or

2. in equal shares to all children, or

3. in equal shares to the parents, or

4. if none of the above, to the Civil Liberties Public Education Fund.

3

V Funding Authorized

Amendment

A total of $1.25 billion is authorized for funding of payments, not more than $500 million of which may be appropriated in one fiscal year. All payments must be disbursed within 10 years of enactment. Authorization is given by law for appropriation of "such sums as may be necessary" for administrative costs.

The Civil Liberties Act was amended on November 21, 1989, to establish the Redress Program as an entitlement. Under the amended law, payments are to be made on a three-year schedule, beginning in Fiscal Year 1991. Enough money will be set aside to make 25,000 payments in the first year, 25,000 payments in the second year, and the remaining payments in the third year.

PROGRAM IMPLEMENTATION

Implementing Agency

Regulations for Implementation

V Phases of Implementation

Office of Redress Administration (ORA), Civil Rights Division, U.S. Department of Justice.

Final implementing regulations defining eligibility and procedures were signed by the Attorney General on August 10, 1989, and published in the Federal Register on August 18,1989.

I. Identification and Location

II. Verification and Notification

III. Payment

4

Public Outreach Activities

>* Creation of Voluntary Information Form

Advertising in vernacular press

>■ Public Meetings and Workshops

>■ Informational Publications

>■ Toll-free number, P.O. Box, to answer questions and accept information, 1-800-395-4672 (Voice) and 1-800-727-1886 (Telephone Device for the Deaf).

>■ Periodic press releases

>■ Printed information placed in embassies and consulates in Japan and Canada

Data Collection from Official Sources

The office has obtained historic information from government sources such as: The National Archives, The Immigration and Naturalization Service and The Social Security Administration, as well as libraries, archives, and state vital statistics organizations.

5

PUBLIC LAW 100-383—AUG. 10, 1988 102 STAT. 903Public Law 100-383 100th Congress An Act

To implement recommendations of the Commission on W artime Relocation and Aug. 10, 1988 Internm ent of Civilians. [H.R. 442]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Human rights.SECTION 1. PURPOSES. 50 USC app.

The purposes of this Act are to— 1989.(1) acknowledge the fundamental injustice of the evacuation, relocation, and internment of United States citizens and permanent 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 Publicinform the public about the internment of such individuals so as information.

to prevent the recurrence of any sim ilar 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 endured while those Aleut residents were under United States control during World War II;(B) personal property taken or destroyed by United States Real property.forces during World War II;(C) community property, including community church property, taken or destroyed by United States forces during World War II; and(D) traditional village lands on Attu Island not rehabilitated after World War II for Aleut occupation or other productive use;(6) discourage the occurrence of similar injustices and violations 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.S E C 2. STATEMENT OF THE CONGRESS. 50 USC app.

(a) 1989a.W i t h R e g a r d t o I n d i v i d u a l s o f J a p a n e s e A n c e s t r y .—The Congress recognizes that, as described by the Commission on Wartime 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 EL 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

19-139 0 - 8 8 (383)

102 STAT.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 appropriate 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) W i t h R e s p e c t t o t h e A l e u t s .—The Congress recognizes that, as described by the Commission on Wartime Relocation and Internment 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 personal and com m u n i t y property while such property was in its possession or under its control. The United States has not compensated the Aleuts adequately for the conversion or destruction of personal property, and the conversion or destruction of community property caused by the United States m ilitary occupation of Aleut villages during World War II. 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.

Civil Liberties Act of 1988. TITLE I—UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT JAPANESE ALIENS50 USC app. SEC 101. SHORT TITLE.1989b. This title may be cited as the “Civil Liberties Act of 1988”. 50 USC app. SE C 102. REMEDIES WITH RESPECT TO CRIMINAL CONVICTIONS.1989b-1. (a) R e v ie w o f C o n v i c t i o n s .—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 permanent 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 employees, respecting the evacuation, relocation, or internment of individuals solely on the basis of Japanese ancestry;

904 PUBLIC LAW 100-383—AUG. 10, 1988

PUBLIC LAW 100-383—AUG. 10, 1988 102 STAT. 905on 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) R e c o m m e n d a t io n s f o b P a r d o n s . —Based upon any review under subsection (a), the Attorney General is requested to recommend to the President for pardon consideration those convictions which the Attorney General considers appropriate.(c) A c t i o n b y t h e P r e s i d e n t .—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).SE C 103. CONSIDERATION OF COMMISSION FINDINGS BY DEPARTMENTS 50 USC app.

AND AGENCIES. 1989b-2.(a) R e v ie w o f A p p l i c a t i o n s B y E l i g i b l e I n d i v i d u a l s .—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 entitlem ent 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 N e w A u t h o r i t y C r e a t e d .—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. 50 USC app. (a) E s t a b l i s h m e n t .—There is established in the Treasury of the 1989b-3.

United States the Civil Liberties Public Education Fund, which shall be administered by the Secretary of the Treasury.(b) I n v e s t m e n t o f A m o u n t s i n t h e F u n d .—Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code.(c) U s e s o f t h e F u n d .—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) T e r m i n a t i o n .—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 r e m a in in g in the Fund shall be deposited in the miscellaneous receipts account in the Treasury.(e) A u t h o r i z a t i o n o f A p p r o p r i a t i o n s .— 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 r e m a in available until expended.SE C 105. RESTITUTION. 50 USC app.

(a) 1989b-4.L o c a t i o n a n d P a y m e n t o f E l i g i b l e I n d i v i d u a l s . —

102 STAT. 906 PUBLIC LAW 100-383—AUG. 10, 1988(1) I n g e n e r a l . —Subject to paragraph (6), the Attorney General 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) L o c a t i o n o f e l i g i b l e i n d i v i d u a l s .—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 Attorney 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 A ct Any eligible individual may notify the Attorney General that such individual is an eligible individual, and may provide documentation

Records. therefor. The Attorney General shall designate an officer or Publicinformation. 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 availability 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. Appropriation To the extent that resources referred to in the second sentence authorization. of this paragraph are not sufficient to complete the identification 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. Failure 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) N o t i c e f r o m t h e a t t o r n e y g e n e r a l . —The Attorney General shall, when funds are appropriated to the Fund for payments to an eligible individual under this section, notify that eligible individual in writing of his or her eligibility for payment under this section. Such notice shall inform the eligible individual that—Claims. (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(2XB), and(B) each eligible individual who does not refuse, in the maimer 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) E f f e c t o f r e f u s a l t o a c c e p t p a y m e n t .—If an eligible individual refuses, in a written document filed with the Attorney 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 tim e after such refusal.(5) P a y m e n t i n f u l l s e t t l e m e n t o f c l a i m s a g a i n s t t h e

u n i t e d s t a t e s . —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(2XB). This paragraph shall apply to any eligible

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 General referred to in paragraph (3).(6) E x c l u s i o n o f c e r t a i n i n d i v i d u a l s .—No payment may be Claims. made under this section to any individual who, after September 1, 1987, accepts payment pursuant to an award of a final j u d g m e n t or a settlem ent on a claim against the United Statesfor acts described in section 108(2XB), or to any surviving spouse, child, or parent of such individual to whom paragraph(6) applies.(7) P a y m e n t s i n t h e c a s e o f d e c e a s e d p e r s o n s .—(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 tim e 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 w ill be made, to the same extent as such subsections apply to the eligible individual.(C) For purposes o f 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 recognized 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) O r d e r o f P a y m e n t s .—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 lull.(c) R e s o u r c e s f o r L o c a t i n g E l i g i b l e I n d i v i d u a l s . — In attempt- Records, ing to locate any eligible individual, the Attorney General may useany 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.

PUBLIC LAW 100-383—AUG. 10. 1988 102 STAT. 907

(d) A d m i n i s t r a t i v e C o s t s N o t P a i d F r o m t h e F u n d .—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) T e r m i n a t i o n o f D u t i e s o f A t t o r n e y G e n e r a l . — The duties of the Attorney General under this section shall cease when the Fund terminates.(f) C l a r i f i c a t i o n o f T r e a t m e n t o f P a y m e n t s U n d e r O t h e r L a w s .—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(cX2XC) of title 31, United States Code, or the amount of such benefits.

50 u s e app. S E C 106. BOARD OF DIRECTORS OF THE FUND.i989b-5. (a ) E s t a b l i s h m e n t . — There is established the Civil LibertiesPublic Education Fund Board of Directors, which shall be responsible for making disbursements from the Fund in the manner provided in this section.(b) U s e s o f F u n d .— The Board may make disbursements from the Fund only—Research and (1) to sponsor research and public educational activities, and development.Education. to publish and distribute the hearings, findings, and recPublic ommendations of the Commission, so that the events surroundinformation. 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 (cX3), (d), and (e).(c) M e m b e rs h ip .—(1) A p p o in tm e n t .—The Board shall be composed of 9 members 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) T e r m s .—(A) Except as provided in subparagraphs (B) and(C), members shall be appointed for terms of 3 years.(B) Of the members fust 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 tim e 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 member’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) C o m p e n s a t io n .—Members of the Board shall serve without pay, except that members of the Board shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the functions of the Board, in the same manner as persons employed intermittently

102 STAT. 908 PUBLIC LAW 100-383—AUG. 10, 1988

in the United States Government are allowed expenses under section 5703 of title 5, United States Code.(4) Q u o r u m .— 5 members of the Board shall constitute a quorum but a lesser number may hold hearings.(5) C h a i r .—The Chair of the Board shall be elected by the members of the Board.(d) D i r e c t o r a n d S t a f f . —(1) D i r e c t o r . —The Board shall have a Director who shall be appointed by the Board.(2) A d d i t i o n a l s t a f f . —The Board may appoint and fix the pay of such additional staff as it may require.(3) A p p l i c a b i l i t y o f c i v i l s e r v i c e l a w s . —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 appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the compensation of any employee of the Board may not exceed a rate equivalent to the minimum rate of basic pay payable for GS-18 of the General Schedule under section 5332(a) of such title.(e) A d m i n i s t r a t i v e S u p p o r t S e r v i c e s .—The Administrator of General Services «ball provide to the Board on a reimbursable basis such administrative support services as the Board may request.(f) G i f t s a n d D o n a t i o n s .—The Board may accept, use, and dispose of gifts or donations of services or property for purposes authorized under subsection (b).(g) A n n u a l R e p o r t s .—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) T e r m i n a t i o n . —90 days after the termination of the Fund, the Board «ball terminate and all obligations of the Board under this section shall cease.

S E C 107. DOCUMENTS RELATING TO THE INTERNMENT. 50 USC app.(a) P r e s e r v a t i o n o f D o c u m e n t s i n N a t i o n a l A r c h i v e s .—All 1989b-6 documents, personal testimony, and other records created or received by the Commission during its inquiry shall be kept and maintained by the Archivist of the United States who shall preservesuch documents, testimony, and records in the National Archives ofthe United States. The Archivist shall make such documents, testimony, and records available to the public for research purposes, Public

information.(b) P u b l i c A v a i l a b i l i t y o f C e r t a i n R e c o r d s o f t h e H o u s e o f R e p r e s e n t a t i v e s .—(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 supersedes other rules only to the extent that the time limitation established by this section with respect to such records is specifically

PUBLIC LAW 100-383—AUG. 10, 1988 102 STAT. 909

102 STAT. 910 PUBLIC LAW 100-383—AUG. 10, 1988inconsistent 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.

50 USC app. SEC. 108. DEFINITIONS.1989b-7. 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 internment period—(A) was a United States citizen or a permanent resident alien; and(BXi) was confined, held in custody, relocated, or otherwise deprived of liberty or property as a result of—(I) Executive Order Numbered 9066, dated February 19,1942;(II) the Act entitled “An Act to provide a penalty for violation o f restrictions or orders with respect to persons entering, remaining in, leaving, or committing any act in m ilitary areas or zones”, approved March 21, 1942 (56 Stat. 173); or(HI) 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 Education Fund established in section 104;(5) the term “Board” means the Civil Liberties Public Education Fund Board of Directors established in section 106; and(6) the term “Commission” means the Commission on Wartime Relocation and Internment of Civilians, established by the Commission on Wartime Relocation and Internment of Civilians Act (Public Law 96-317; 50 U.S.C. App. 1981 note).50 USC app. SEC. 109. COMPLIANCE WITH BUDGET ACT.1989b-8.Contracts. 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

PUBLIC LAW 100-383—AUG. 10, 1988 102 STAT. 911lim ited to an amount not in excess of the appropriations for such fiscal year. Any provision of this title which, directly or indirectly, Effective date.authorizes the enactment of new budget authority shall be effective only for fiscal year 1989 and thereafter.

TITLE II—ALEUTIAN AND PRIBILOF ISLANDS RESTITUTIONAleutian and Pribilof Islands Restitution Act. Alaska.

SE C 201. SHORT TITLE. 50 USC app. This title may be cited as the ‘Aleutian and Pribilof Islands 1989c.

Restitution Act”.SE C 202. DEFINITIONS. 50 USC app.

As used in this title— 1989c-1.(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 Islands Association, Inc., a nonprofit regional corporation established for the benefit of the Aleut people and organized under the laws of the State of Alaska;(4) the term “Corporation” means the Aleut Corporation, a for-profit regional corporation for the Aleut region organized under the laws of the State of Alaska and established 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. 50 USC app. (a) E s t a b l i s h m e n t .—There is established in the Treasury of the 1989c-2.

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) R e p o r t . — 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) I n v e s t m e n t .—Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code.

(d) T e r m i n a t i o n . —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 thisSecurities. title, whichever occurs later. On the date the Fund is terminated, allinvestments 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.50 use app. S E C 204. APPOINTMENT OF ADMINISTRATOR.Contracts. As soon as practicable after the date of the enactment of this Act,the Secretary shall offer to undertake negotiations with the Association, leading to the execution of an agreement with the Association to serve as Administrator under 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.50 use app. S E C 205. COMPENSATION FOR COMMUNITY LOSSES.1989c-4 (a) I n G e n e r a l . —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) T r u s t . —(1) E s t a b l i s h m e n t .—The Secretary shall, subject to the availability 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 prospective trustees. The Secretary, after consultation with the Administrator, affected Aleut villages, and the Corporation, shall designate not more than seven trustees from such lists as submitted.(2) A d m i n i s t r a t i o n o f t r u s t . —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 prescribed by the Secretary, after consultation with representatives of eligible Aleuts, the residents of affected Aleut villages, and the Administrator.(c) A c c o u n t s f o r t h e B e n e f i t o f A l e u t s . —(1) In g e n e r a l . —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 independent and separate accounts in the trust for purposes of this subsection, as follows:(A) One account for the independent benefit of the wartime 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.

102 STAT. 912 PUBLIC LAW 100-383—AUG. 10, 1988

PUBLIC LAW 100-383—AUG. 10, 1988 102 STAT. 913(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 subparagraph (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) U s e s o f a c c o u n t s . —The trustees may use the principal, accrued interest, and other earnings of the accounts maintained under paragraph (I) for—(A) the benefit of elderly, disabled, or seriously ill persons Aged persons. on the basis of special need; Handicapped (B) the benefit of students in need of scholarship persons.

assistance; Education.(C) the preservation of Aleut cultural heritage and Historichistorical records; preservation.(D) the improvement of com m u n i t y centers in affected CommunityAleut villages; and development.(E) other purposes to improve the condition of Aleut life, as determined by the trustees.(3) A u t h o r i z a t i o n o f a p p r o p r i a t i o n s .—There are authorized to be appropriated $5,000,000 to the Fund to carry out this subsection.

(d) C o m p e n s a t io n f o r D a m a g e d o r D e s t r o y e d C h u r c h P r o p e r(t .—1)y I n v e n t o r y a n d a s s e s s m e n t o f p r o p e r t y .—The Administrator 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), residents of affected Aleut villages, affected church members and leaders, and the clergy of the churches involved. Within 1 year Records.after the date of the enactment of this Act, the Administrator shall submit such inventory and assessment, together with an estim ate of the present replacement value of lost or destroyed furnishings and artifacts, to the Secretary.(2) R e v ie w b y t h e s e c r e t a r y ; d e p o s i t i n t h e t r u s t . — 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 property lost, damaged, or destroyed during World War II.(3) D i s t r i b u t i o n o f c o m p e n s a t io n .— 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) A u t h o r i z a t i o n o f a p p r o p r i a t i o n s .—There are authorized to be appropriated to the Fund $1,400,000 to carry out this subsection.

/. //

102 STAT. 914 PUBLIC LAW 100-383—AUG. 10, 1988(c) A d m i n i s t r a t i v e a n d L e g a l E x p e n s e s .—(1) R e i m b u r s e m e n t f o r e x p e n s e s .—The Secretary shall reimburse 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) A u t h o r i z a t i o n o f a p p r o p r i a t i o n s . —There are authorized to be appropriated to the Fund such sums as are necessary to carry out this subsection.

50 USC app. S E C 206. INDIVIDUAL COMPENSATION OF ELIGIBLE ALEUTS.1989c-5. (a) P a y m e n t s t o E l i g i b l e A l e u t s . —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) A s s i s t a n c e o f A t t o r n e y G e n e r a l . —The Secretary may request 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) A s s i s t a n c e o f A d m i n i s t r a t o r . —The Secretary may request the assistance of the A d m in is t r a t o r in identifying and locating eligible Aleuts for purposes of this section.(d) C l a r i f i c a t i o n o f T r e a t m e n t o f P a y m e n t s U n d e r O t h e r L a w s .—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

d e te r m i n i n g eligibility to receive benefits described in section 3803(cX2XC) of title 31, United States Code, or the amount of such benefits.(e) P a y m e n t i n F u l l S e t t l e m e n t o f C la im s A g a i n s t t h e U n i t e d S t a t e s . —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).(0 A u t h o r i z a t i o n o f A p p r o p r i a t i o n s .— There are authorized to be appropriated to the Fund such sums as are necessary to carry out this section.

Public lands. SEC 207. ATTU ISLAND RESTITUTION PROGRAM.NationalWildlife Refuge (a) P u r p o s e o f S e c t i o n .—In accordance with section (3Xc) of the System. Wilderness Act (78 Stat. 892; 16 U.S.C. 1132(c)), the public lands on Conservation. Attu Island, Alaska, within the National W ildlife Refuge System 50 USC app.1989c-6. 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) A c r e a g e D e t e r m i n a t i o n .—Not later than 90 days after the date of the enactment of this Act, the Secretary shall, in accordance

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 subsistence and other purposes. In making such acreage determination, the Secretary «hall 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, including information that may be submitted by representatives of the Aleut people, identify any such additional acreage on Attu Island that was subject to such use. The combination of such base acreage and such additional acreage shall constitute the acreage determination 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) V a l u a t io n .—(1) D e t e r m i n a t i o n o f v a l u e . — 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) F a c t o r s i n m a k i n g d e t e r m i n a t i o n .—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) N o t i f i c a t i o n o f d e t e r m i n a t i o n ; a p p e a l .— 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 Corporation, 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) I n L ie u C o m p e n s a t io n P a y m e n t .—(1) P a y m e n t .—The Secretaiy shall pay, subject to the availability of funds appropriated for such purpose, to the Corporation, 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 subsection (c)) of any land conveyed under subsection (e).(2) P a y m e n t i n f u l l s e t t l e m e n t o f c l a i m s a g a i n s t t h e

u n i t e d s t a t e s . —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) V i l l a g e S i t e C o n v e y a n c e .—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

PUBLIC LAW 100-383—AUG. 10, 1988 102 STAT. 915

102 STAT. 916 PUBLIC LAW 100-383—AUG. 10, 1988estate 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(hXl) of the Alaska Native Claims Settlem ent Act (Public Law 92-203; 43 U.S.C. 1613(hXl))» 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(hXl).

(f) A u t h o r i z a t i o n o p A p p r o p r i a t i o n s .—There are authorized to be appropriated $15,000,000 to the Secretary to carry out this section.Contracts. S E C 208. COMPLIANCE WITH BUDGET ACT.50 USC app. 1989c-7. 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 lim it the total benefits conferred to an amount not in excess of Effective date. 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.50 USC app. SEC. 209. SEVERABILITY.1989c-8. 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

sim ilarly situated or to other circumstances shall not be affected by such invalidation.TITLE III—TERRITORY OR PROPERTY CLAIMS AGAINST UNITED STATES

S E C 301. EXCLUSION OF CLAIMS.Mexico. Notwithstanding any other provision of law or of thi3 Act, nothing Indians. in this Act shall be construed as recognition of any claim of Mexico 50 USC app. 1989d. 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.

Approved August 10, 1988.LEGISLATIVE HISTORY—H.R. 442:HOUSE REPORTS: No. 100-278 (Comm, on the Judiciary) and No. 100-785 (Comm, of Conference).CONGRESSIONAL RECORD:Vol. 133 (1987): Sept. 17, considered and passed House.Vol. 134 (1988): Apr. 20, considered and passed Senate, amended.July 27, Senate agreed to conference report.Aug. 4, House agreed to conference report.WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988):Aug. 10, Presidential remarks. o

U.S. Department of JusticeWashington, D.C. 20530

66. . .And Justice For All”A Celebration Marking the First Redress Payments

Under the Civil Liberties Act of 1988

October 9, 1990 10:00 a.m.


. .And Justice For All”

WelcomeA dm inistrator o f Redress Robert K. Bratt

Pledge of AllegianceJapanese Am erican W orld W ar II Veterans

InvocationThe Reverend M am oru Eto

Greeting from the Attorney General Introduction of the Assistant Attorney General

Deputy Assistant Attorney General James P. Turner


Presentation of Redress ChecksJohn Dunne, James Turner, and Robert Bratt


Volunteerism: For Volunteer Support of the Redress Program

Japanese Am erican Citizens League


National Coalition for Japanese Am erican Redress





Employees and Contractor Staff (current and former) of theOffice of Redress Administration:

Tokunboh Akinnagbe Sonia Fox Hagos Lemlem Kathleen Roso John Amponsah Aileen Fukuda Donna LeRoux Pamela Rouse Edward Anderson John Gadberry Kevin Lewis Carolyn Russell Nne Asi Charlene Gillis Shirley Lloyd Sheila Sermon Brenda Bates Wille Andre Graves Davy Matthew Delores Standley Cora Beaver-Shelly Scott Harper Bernadette Mayrant Paul Suddes Phillip Brady Annette Harris Maurice Nathan Merle Surosky Robert Bratt Darren Harris Patricia Nolan Llyn Suruma Renee Caputo Gerard Hennigan Folabi Olagabaju George Svejda Joan Charlton Carolyn Herrion Diana Ollivierre Darlene Walker Joanne Chiedi Phyllis Holmberg Orju Onyekwere Cheryl Watanabe Anita Childs Lorraine Jackson Pushpa Patel Martha Watanabe Patricia Chineme Marygrace Jennings Frank Pfeiffer Alicie West-Simpson James Douglas Benjamin Joseph Teresa Reed Agnes Wilson Michael DuBard Denise Jones Jaqueline Richardson Barbara Weinstein William Dwyer Urila Jude Lori Robb Aaron Zajic Pacy Fine Henshaw Alice Kale Diane Roberts Dana Zerfas

THE WHITE HOUSEWASHINGTON


Sincerely,

U.S. Department of JusticeCivil Rights Division Office of Redress Administration

WHEN WILL I RECEIVE MY REDRESS PAYMENT?

In accordance with the Civil Liberties Act of 1988, redress payments will be made in age order, beginning with the oldest eligible individuals. If you are an heir to a deceased eligible individual, your case will be processed according to the age of the deceased eligible.

AsofMarch 1991, ORA has verified and delivered payment to over24,200redress recipients in the first payment group. The following chart indicates our best current estimate of a payment schedule according to date of birth.

Fiscal Year Payments by Birth Year

Beginning 10-1-90 before July 1,1920

Beginning 10-1-91 July 1,1920 to December 31,1927

Beginning 10-1-92 January 1,1928 and onward

Generally, cases are reviewed prior to the fiscal year in which eligible recipients are to receive payment. If your case is not currently being reviewed, please remain patient until ORA contacts you for more information. If you are an heir, remember that your case cannot be processed for payment until ALL eligible heirs to the deceased have submitted documentation and are verified for payment.


Civil Liberties Act of 1988 Change of Address Form

A. Everyone who has previously reported an address to ORA which has since changed, should complete this section.

1. Present Full Name (last, first, middle)

2. Name During Internment Period, If Different (last, first, middle) 3. Date of Birth

4. Old Address

Street Apt.#

City Country it State Zip Codenot USA

S. New Address

Street Apt#

State Country City 11 Zip Codenot USA

B. ONLY those who have sent identifying documents in response to ORA's verification letter should complete this section, in addition to section A, above.

1. FN:_________________ This code can be found in the upper right of the mailing label onenvelopes addressed to you from ORA. If you do not know your FN, please leave this space blank.

2. Send with this form a document as evidence of your new address.

This document should have both your name and new address on it, for example, a monthly utility bill, a bank statement, or a credit card bill. Other similar things are also acceptable. Send an original record that you do not need back, or a photocopied document that is either notarized, or contains the following authenticity clause, signed under penalty of perjury:

“ I declare under penalty of perjury that this photocopy is a true and correct copy of the original (bill, statement, etc.). Executed on (date).”

(Signature)

This clause can be written or typed on the document. If you are executing this outside of the United States, the phrase, “ under the laws of the United States of America” must be added after the words “penalty of perjury.”

SEND TO: OFFICE OF REDRESS ADMINISTRATIONP.O. BOX 66260, WASHINGTON, D.C. 20035-6260 Fonn CRT-56

Jan. 90


WORLD WAR II VETERANS AND REDRESS ELIGIBILITY

Individuals who served in the military during World War II may be eligible for redress payments even if they were not interned. To be eligible, an individual must have been on active duty in the U.S. Armed Forces at the time of mandatory evacuation and domiciled in a prohibited zone. There are two ways an individual may be eligible:1. LOSS OF PROPERTY: The individual must have lost real or personal property of any value as a result of being prohibited by the U.S. government from entering a prohibted zone to safeguard their property, or had property seized by the government, and/or...2. DEPRIVATION OF LIBERTY: The individual must have been prohibited from visiting family who were interned, or forced to submit to undue restrictions amounting to a deprivation of liberty prior to visiting family.

If you believe you may be eligible as a military veteran, or know someone who may be eligible, you should send a letter to ORA including:

* the individual's name* current address* date of birth* telephone number* dates of military service

After ORA has reviewed the case and determined that the individual is potentially eligible for redress, we will then send a verification letter for military cases, requesting a description of the recipient’s case which may fall into one or both of the categories listed above. You will be asked to complete a declaration in support of your claim, and to submit:* corroboration from two individuals concerning the deprivation of liberty and/or loss of property and...* A copy of your military discharge papers, (ORA will obtain copies of the discharge papers on behalf of the recipient; however, this could delay the confirmation process).

U.S. Department of Justice Civil Rights Division Office of Redress Administration

TAXES, BENEFITS AND REDRESS PAYMENTS

1. Will my redress check be exempt from taxation?All redress payments are exempt from federal taxation. State taxation is determined on a

state-by-state basis. You should contact your state Department of Taxation to determine if your check is exempt from state taxes. Income earned on the check (such as bank interest) taxable unless you place the check in a tax-free investment

is

2. Will my redress check affect my eligibility for benefits (such as health and housing)?Eligibility for many health and housing benefits are not affected by the additional income

of the redress payments. The following is a list of federally assisted benefits by redress payments:

not affected

-- Benefits under the supplementary security income program under title XVI of the Social Security Act- Old age, survivors, and disability insurance benefits under title II of the Social Security Act- Benefits under title XVIII of the Social Security Act- Aid to families with dependent children under a state plan approved under section 402(a) of the Social

Security Act- Medical assistance under a state plan approved under section 1902(a) of the Social Security Act -- Benefits under title XX of the Social Security Act- Benefits under the food stamp program (as defined in section 3(h) of the Food Stamp Act of 1977).- Benefits under chapters 11,13,15,17, and 21 of title 38.- Benefits under the Black Lung Act- Benefits under the special supplemental food program for women, infants and children established under

section 17 of the Child Nutrition Act of 1966.- Benefits under section 336 of the Older Americans Act~ Any annuity or other benefit under the Railroad Retirement Act of 1974.- Benefits under the National School Lunch Act-- Benefits under any housing assistance program for lower income families, or elderly, or handicapped persons

which is administered by the Secretary of Housing and Urban Development or the Secretary of Agriculture.- Benefits under the Low-Income Home Energy Assistance Act of 1981.- Benefits under part A of the Energy Conservation in Existing Buildings Act of 1976.

U.S. Department of Justice Civil Liberties Act of 1988 Civil Rights Division Office of Redress Administration Voluntary Information Form

Your support is needed to locate persons of Japanese ancestry who were confined, held in custody, relocated, or otherwise deprived of liberty or property during World War II. The submission of information is entirely voluntary. However, any of the information below will be of assistance in locating those individuals who may be eligible to receive compensation under the Civil Liberties Act of 1988. If you cannot fully answer all of the questions, partial information is also helpful. Failure to use this form will in no way impact any claim under this program. Form use is merely to standarize data.

IMPORTANT: You may complete this form if you believe yourself to be eligible for payment under the Act or you may complete this form to help locate another individual who may be eligible to receive payment.

SECTION A - CURRENT DATA ON POTENTIALLY ELIGIBLE INDIVIDUAL

1. Full name (last, first, middle) 2. Maiden name 3. Other names used

4. Street address City State Zip Code Country

5. Home telephone ( ) 6. Office telephone ( )

7. Date of birth 8. Place of birth 9. Sex 10. Social Security No.

11. Of Japanese ancestry? Yes___Other:12. Citizenship

Natural born U.S. citizen___ Naturalized U.S. citizen___ Date of naturalization:Other:

13. Alien Registration Number, if any:

SECTION B - HISTORICAL INFORMATION REGARDING INTERNMENT, RELOCATION, OR DETENTION OF POTENTIALLY ELIGIBLE INDIVIDUAL. Complete as much as you remember. Partial information is helpful.

1. Last permanent address prior to evacuation:Street address City State Zip Code Country

2. Names of assembly centers, relocation centers, camps, or other places of relocation or detention:

3. Family number 4. Name of head of family group 5. Relationship to head of family group

6. Names of parents Mother Now living? Yes N o__ Date/place of deathFather Now living? Yes No Date/place of death8. If individual was a voluntary evacuee, approximate date of evacuation and place of resettlement:

FormCRT-55 Oct. 88

SECTION C - INFORMATION REGARDING SURVIVOR BENEFITS

If an eligible individual dies after the enactment of the Civil Liberties Act (August 10,1988), but before receiving payment, a surviving spouse, children, or parents may be eligible to receive payment. To ensure that accurate survivor information is on file, please provide the following:

1. Current spouse Name Date of Marriage Address

2. Living children (include all natural children, adopted children, and step children who lived with you in a parent-child relationship)Name Address

3. Living parents (include parents by adoption) Name Address

SECTION D - To be completed by person filing this form (Complete this section only if you are providing information on someone else. If you are completing this form on your own behalf, please go on to Section E)

1. Your full name (last, first, middle)

2. Your relationship to potentially eligible individual identified above (i.e. self, spouse, friend, son, daughter, etc.):

3. Street address City State [£ip Code Country

4. Home telephone ( ) Office telephone ( )

SECTION E

Signature T W

Because the Department of Justice may make use of this information, as detailed below, a Privacy Act Statement has been included.

The authority for this information is contained in 50 U.S.C.App. 1989b. The information that you provide will be used principally for locating and identifying persons eligible for payment under the restitution provisions of the Civil Liberties Act. Additional disclosures of the information may be: to a Federal, State, or local agency to confirm a person's date of birth, date of death, or address; to Members of congress or staff to enable the Congressman to provide service to his or her constituency; to volunteer student-workers so that they may perform their duties; to the news media when release is made consistent with the Freedom of Information Act and 28 C.F.R. 50.2; and to the National Archives and Records Administration and General Services Administration to perform records management inspection functions in accordance with their statutory responsibilities.

SEND TO: OFFICE OF REDRESS ADMINISTRATION P.O. BOX 66260, WASHINGTON, D.C. 20035-6260

* U . S . GPO: 1 9 8 8 - 2 4 1 - 7 0 5 / 9 5 4 5 9

U.S. Department of JusticeCivil Rights DivisionOffice o f Redress Administration

ORA HELP LINE

The ORA Help Line is a toll free number established especially for redress recipients. The Help Line operates Monday through Friday 9:30 a.m. to 5:30 p.m. east coast time.

1-800-395-4672 (Voice)

1-800-727-1886 (Telephone Device for the Deaf)

Q: What Information should I have ready when calling the Help Line?

A: The following information should be given to the ORA Help Line operator:

♦ The Recipient's Full Name (including names used in camp)♦ Date of Birth♦ Place of Internment (or voluntary evacuation information)♦ Social Security Number♦ Address♦ File Number (if known)

Q: After calling the Help Line, how long should I wait for a response from ORA?

A: You need to allow at least 6 weeks to pass before calling again. This time allows for your case to be reviewed and for the appropriate information to be mailed out

Q: How many people can I inquire about when calling the Help Line?

A: ORA will take inquires for up to three people per phone call.

Q: If I am an heir whose redress payment will be divided equally with other heirs, what information should I have before calling the Help Line?

A: You should first contact all other heirs to the deceased eligible and find out exactly what information they have received from ORA. You should also have a the full name and current address of each heir. Please designate one of the heirs to call the Help Line so that ORA can better track your case.

Q: When should I NOT call the Help Line?

A: Please do not call the Help Line for information about how taxes or benefits will affect your redress payment. While redress payments are exempt from federal taxation, state taxation is determined on a state-by-state basis. Contact your state Department of Taxation for more information.


HELPFUL HINTS FOR SENDING IN ORA DOCUMENTS

Once you have been verified as potentially eligible for redress, ORA will send you a Letter of Potential Eligibility requesting that you send various types of documentation to prove your identity. Here are some general guidelines to remember when filling out information and sending in documentation.

1. DECLARATION - This document must be completed in full, signed and dated. If you are a child heir, it is important that you list ALL other children of the deceased (including stepchildren, adopted children, and deceased children).

2. PROOF OF NAME AND ADDRESS - This document must have the full name and address of the recipient. The name and address on the document must match the name and address on the Declaration you fill out. If it does not, please explain or follow proof of guardianship instructions. This document must also have a current date (within the last two years).

3. PROOF OF BIRTH - The date of birth on this document must match the date of birth you provide on the Declaration. For child heirs, in addition to date of birth you must submit proof of the relationship between the heir and the deceased. For adopted heirs and stepchildren, please read all instructions carefully and follow all directions.

4. PROOF OF NAME CHANGE - You must send documentation for each name change.

5. PROOF OF GUARDIANSHIP - If you are signing the Declaration for someone else, follow proof of guardianship instructions carefully.

6. AUTHENTICITY CLAUSES - When sending an original statement or photocopy of a document, remember to include the correct clause:

Correct clause for an original statement: "I declare under penalty of peijury under the laws of the United States that the foregoing statement is true and correct." (signature and current date)

Correct clause for a photocopy: "I declare under penalty of peijury under the laws of the United States that this photocopy is a true and correct copy of the original document." (signature and current date).


REDRESS ELIGIBILITY

1. Who is eligible for redress?

All eligibles must be of Japanese ancestry, must have been U.S. citizens or permanent resident aliens during the internment period, from December 7,1941 to June 30,1946, and must have been living on August 10,1988. Beyond that most, but not all, eligible individuals will fall into one or more categories:

- Those who were interned in Relocation Centers.

- Those who were held in Assembly Centers, whether or not they later went to Relocation Centers.

- Those who were interned by the Army in Hawaii.

- Those who were interned by the Department of Justice in any of the Immigration and NaturalizationService (INS) Camps.

- Those who filed Change of Residence Cards.

- Those who moved from prohibited zones on or after March 29,1942.

- Those who were ordered to leave Bainbridge Island or Terminal Island.

- Those who were in the U.S. Military during the internment period and never spent time in camps,but lost property as a result of government action because their homes were in prohibited zones.

- Those who were in the U.S. Military and were prohibited by government regulations from visitingtheir interned families or were subject to undue restrictions prior to visits.

- Those who were bom in Assembly Centers, Relocation Centers, or Internment Camps, includingthose bom to parents from Latin America who were interned in the United States.

- Those who were forcibly brought to the United States from Latin America for internment, and lateracquired a change in immigration status to permanent resident, retroactive to the internment period.

- Those who spent the internment in institutions, such as sanitariums, under the administrativeauthority of the War Relocation Authority.

Special Cases: ORA knows that some eligible people do not fit any of these categories, and that historical records may be missing even for some of those who do fit the categories described above. The regulations permit ‘ ‘case-by-case’ * determinations under either set of circumstances. ORA may ask persons who fit into this special case category to submit affidavits or other documentation to help ORA make an eligibility determination.

(over)

2. Who is Not Eligible For Redress?

The Act excludes some people affected during the internment pe riod from redress. In general, these persons will fall into the following categories:

- Those who are not of Japanese ancestry, including spouses, who were evacuated, relocated, orinterned.

- Those who were not U.S. citizens or permanent resident aliens, and did not have their status adjustedretroactively to the internment period.

- Those who relocated to an enemy country between December 7,1941 and September 2,1945. Thisincludes children who relocated with their parents.

- Those who moved from the West Coast prior to March 29,1942, for their own personal reasons,not in response to government action, and did not file Change of Residence Cards.

- Those who were bom after their parents were no longer interned.

- Those who were bom after their parents had moved from a prohibited zone.

- Those who remained in the U.S. Military, but lost no property as a result of government action, orwere allowed to visit their interned families without undue restrictions.

- Those who were outside the boundaries of the United States, and did not or were unable to returnduring the internment period, even if their families were evacuated, interned, or relocated.

U.S. Department of JusticeCivil Rights DivisionOffice o f Redress Administration

WHEN WILL I RECEIVE MY REDRESS PAYMENT?

In accordance with the Civil Liberties Act of 1988, redress payments will be made in age order, beginning with the oldest eligible individuals. If you are an heir to a deceased eligible individual, your case will be processed according to the age of the deceased eligible.

AsofMarch 1991, ORA has verified and delivered payment to over24,200redress recipients in the first payment group. The following chart indicates our best current estimate of a payment schedule according to date of birth.

Fiscal Year Payments by Birth Year

Beginning 10-1-90 before July 1,1920

Beginning 10-1-91 July 1,1920 to December 31,19274> U^-

Beginning 10-1-92 January 1,1928 and onward

Generally, cases are reviewed prior to the fiscal year in which eligible recipients are to receive payment. If your case is not currently being reviewed, please remain patient until ORA contacts you for more information. If you are an heir, remember that your case cannot be processed for payment until ALL eligible heirs to the deceased have submitted documentation and are verified for payment.


VOLUNTARY EVACUEES:HINTS FOR FILLING OUT THE DECLARATION

Please remember the following information when filling out the Declaration:

ORIGINAL DOCUMENTS SUBMITTED WILL NOT BE RETURNED.

PHOTOCOPIES SUBMITTED SHOULD EITHER BE NOTORIZED OR CONTAIN THE FOLLOWING STATEMENT SIGNED UNDER PENALTY OF PERJURY:

"I declare under penalty of perjury under the laws of the United States that the foregoing is a true and correct copy of the original document."(Original Signature) (Date)

Declaration Section B: EVACUATION INFORMATION

This section of the Declaration asks you to provide information regarding the details surrounding your evacuation. The information below should prove useful when completing Section B of the Declaration.

□ PRE AND POST-EVACUATION ADDRESS:

You will be asked to provide documentation that shows proof of your address before and after evacuation. You should give a complete address to the best of your recollection. The following are examples of documents which may be submitted to prove your address:

* Travel Permit* Change of Residence Card* Birth Records* Selective Service Card* Correspondence, such as letters and envelopes with a pre- and post-evacuation address.* Property Records, Financial Records, Tax Returns* Child's Birth Record showing the approximate date of your residence.* School Records

If you do not have any of these, ORA will review statements from two or more persons who can attest to your pre-evacuation and post-evacuation addresses as reported on your Declaration. These statements should be direct accounts from family members or friends.

ALL STATEMENTS MUST BE EITHER NOTORIZED OR CONTAIN THE STATEMENT:"I declare under penalty of perjury under the laws of the United States that the foregoing statement is true and correct." (Actual Signature) (Relationship to Candidate) (Date)

(OVER)

□ DATE OF EVACUATION:

It is important that you be as accurate as possible when recording the date of your evacuation, particulary if you have no documents to confirm your evacuation. Should you have difficulty remembering, even approximate dates, be sure to give a detailed description of the specific circumstances under which you evacuated the West Coast

ORA will also request that you submit records to verify the date of your evacuation. The following are examples of documents you may submit to verify your evacuation dates:

* Travel Permit* Change of Residence Card* Government Record Authorizing Evacuation

If you do not have any records to show the date of your evacuation and evacuated the West Coast with family members who had travel permits or Change of Residence Cards, please request first-hand statements from two or more of such persons who can attest to your evacuation.

ALL STATEMENTS MUST EITHER BE NOTORIZED OR CONTAIN THE STATEMENT : "I declare under penalty of perjury under the laws of the United States that the foregoing statement is true and correct.” (Original Signature) (Relationship to Candidate) (Date).

□ THE FACTS OF YOUR EVACUATION:

This section asks you to discuss the essential facts with regard to your evacuation. Tiy to write your statement in chronological order. You should discuss your evacuation in detail particularly if you were in a unique situation. Some important facts to discuss:

- Did you fill out a Change of Residence Card?

- Did you receive a Travel Permit or permission to travel a specific route when evacuating?

- Did you evacuate with other family members? Did they have permits or permission to travel?

- Were you directly ordered to evacuate? If so, how was this information communicated to you?

- Was your evacuation motivated by something other than a direct order by the federal government?

- During your evacuation, did any government officials examine your credentials or give you instructions?

- Did you lose any real property or personal belongings as a result of your evacuation?


HOW DOES THE ORA VERIFICATION PROCESS WORK?

ORA has established a vast information system containing data collected since the Office was established. Using this information, ORA begins to identify and locate individuals who may be eligible for redress.

Step 1: Identify Potential Eligibles Using Historical Information

Historical records of the internment have been obtained from The National Archives,War Relocation Authority, Immigration and Naturalization Service and other sources. These historical records contain the names and other information about all those who were interned or are otherwise potentially eligible for redress. These historical records do not contain the current address of the individual.

Step 2: Identify Potential Eligibles Using Current Information

Current address and other information about potential redress recipients is collected from federal agencies (such as the Social Security Administration, state vital statistics bureaus, etc.) and from potential recipients, their families, or friends and stored in ORA's computers.

Step 3: "Match" Historical and Current Information

Using our computer system, ORA analysts match historical records (see Step 1) with current information (see Step 2) that tells us where to find a potential redress recipient.

Step 4: Check for Redress Eligibility Requirements

Once an individual has been "matched" in our computer system, ORA analysts check to see if that individual meets all the redress eligiblility criteria as defined by the Civil Liberties Act of 1988. To be eligible, a person must have been evacuated, relocated, or interned (or meet eligibility requirements for special cases -- see other side) AND:

- must be of Japanese ancestry

- must have been a U.S. citizen or permanent resident alien during the internment period, from December 7, 1941 to June 30, 1946.

- must have been living on August 10,1988, the date of the law's enactment.(continued)

- must not have relocated to another country during the period of December 7,1941 to September 2, 1945, while the United States was at war with that country. This includes children who relocated with their parents.

Special Cases:

There are other eligibility requirements specified in ORA's regulations that apply to those who evacuated voluntarily, were members of the Military, or had other special circumstances to their evacuation, relocation or internment. If an individual meets the eligibility criteria, their case is moved to the next step of verification.

Step 5: Notification of Your Potential Eligibility

Once ORA has reached a preliminary eligibility determination in the process described above, you will be contacted by letter. The law states that ORA must endeavor to disburse payments in order of birth, beginning with the oldest eligible individual. To be eligible, an individual must have been living on August 10, 1988, the date of the enactment of the law. If an eligble person died after that date, payment will be made to the surviving spouse, children, or parents, in that order.

Our Letter o f Potential Eligibility requests that you complete and sign a Declaration o f Eligiblity and submit certain documents to establish your identity. The letter will contain specific instructions on what kinds of documents to send to ORA. The purpose of these documents is to ensure that we have identified the right person, and to prevent false redress claims. ORA must receive this information from you before proceeding any further with your case, therefore you should return it as quickly as possible.

Step 6: Review of Your Documents

After ORA receives the requested documents, they will be reviewed by ORA analysts.If you are subsequently determined eligible for payment, you will receive a letter telling you the approximate date you should expect to receive payment. If ORA needs additional information from you before we can make an eligiblility determination, we will send you a letter requesting the information. Except for a change of address or death information, you should not send any documentation to ORA unless it is requested.

Usually, in cases where more than one heir is eligible for the redress payment of a deceased individual, payment cannot be issued until all heirs have submitted the necessary documentation to ORA, and their identities have been confirmed.

Step 7: Payment

If you are determined eligible for a redress payment, your payment will be mailed first class in a brown envelope along with a letter of apology signed by President Bush. If your address changes at any time before you receive payment, please notify ORA immediately.

Redress and Your Constituents

The following provides a brief summary of some important information you should know about the Office of Redress Administration and how it is set up to work with Congressional offices.

1. W hat number should you call for redress case status inquiries or general information?

Contact: Merle Surosky (202) 514-3257 or Laurel Tanaka (202) 514-3279.These numbers are for Congressional staff only.

Constituents wishing to inquire about their cases or receive information should call ORA's toll-free Help Line Monday through Friday 9:30 a.m. to 5:30 p.m. eastern standard time:

1-800-395-4672or

1-800-727-1886 (Telephone Device for the Deaf)

2. What information should I give to ORA when inquiring about a redress case?

ORA will need the following information about the recipient:

□ Full Name (including middle name or initial)□ Maiden Name (or any other name used when interned)□ Date of Birth□ Social Security Number□ Current Address□ Phone Number□ File Number (if known)

If the person is an heir to a deceased eligible individual, please have the following information about the deceased individual:

□ Full Name (including middle name or initial)□ Maiden Name (or any other name used when interned)□ Date of Birth□ Date of Death

3. How is Congressional Correspondence handled?

If your office would prefer to write to ORA, the letter should be sent to the following address:

John R. Dunne Assistant Attorney General Civil Rights Division U.S. Department of Justice P.O. Box 65808 Washington, D.C. 20035-5808

Congressional correspondence is answered within 4 weeks of the date it is received by the Department of Justice.

4. How many redress paym ents has ORA made so far?

According to the Civil Liberties Act of 1988, ORA will disburse $1.25 billion in redress payments. In fiscal years 91 and 92, $500 million will be disbursed, enough to pay 25,000 redress cases each year. In fiscal year 93, the remaining $250 million will be distributed.

As of May 1991, ORA has paid 25,000 recipients in the first payment group (those bom before July 1, 1920). We are currently verifying cases of those in the second payment group, bom July 1,1920 through December 31, 1927. These individuals will probably receive payment beginning October 1, 1991.

THE WHITE HOUSEWASHINGTON


Sincerely,

DANIEL K INOUYE * P a in c i K u h io F i d i a a l B u il o in o

UAV^ AI1 R oom 7326, 300 A la M o a n a B o u le v a a oH A W A II '

H o n o lu lu , HI 96860(808) 641-2642

FAX (808) 541-2649

United States SenateSUITE 722, HART SENATE BUILDING

WASHINGTON, DC 20510-1102

(202) 224-3934

FAX (202) 224-6747

October 29, 1990

j Mr. Robert J. Cahill «. 925 Rodeo Queen Drivej Fallbrook, California 92028

Dear Mr. Cahill:Thank you for your recent letter defending P.L. 100-383, the Civil Liberties Act of 1988, and the 442nd Regimental Combat Team.I am pleased to inform you that the first of the long awaited redress payments were issued to surviving internees on October 9, 1990. As you are aware. President Reagan signed the measure into law on November 21, 1988, after the House voted, 243 yeas and 141 nays, and the Senate voted, 69 yeas and 27 nays.It is unfortunate that there are still objections to P.L. 100-383, and the Japanese-American redress payments.However, I continue to believe that the situation involving Japanese-American interns is unique, and differs from the circumstances faced by the Americans of Italian or German ancestry. While it is true that all people of a nation at war suffer to a certain degree, the Japanese-American internment experience is an unprecedented civil rights deprivation. The Japanese Americans were determined by our government to be a "security risk" without any formal charges of disloyalty or grounds for espionage. They were arbitrarily branded disloyal solely on grounds of racial ancestry.Furthermore, during World War II, I witnessed first-hand the bloody sacrifices of my comrades in the 442nd Infantry Regimental Combat Team who were fighting for, and in many instances dying for, the same nation that held their loved ones in virtual prison camps. I returned home from the war with the resolve to do all that I could to ensure that justice was afforded to the 120,000 Americans of Japanese ancestry who were unjustly treated by our nation.

I am grateful for your support of the Civil Liberties Act of 1988, and the accomplishments of the 442nd Regimental Combat Team. It has been said that the wheels of justice grind slowī’T -- it may seem intolerably slow to the victims of the injustice. However, I hope that the apology from the President, together with the redress payments restores a

| measure of faith in our nation's system of government.1.\ Despite your commitment to refute the comments of Admiral ' Robert M. Garrick, I believe he may be never satisfied with any response. While this incident may serve to remind us of what our nation is capable of in a time of crisis, I also believe that we must put aside the bitter and painful memories of this serious injustice. You are correct in that we should not dwell upon the past, but rather, move forward to focus on current problems and issues at hand.Once again, thank you for your thoughtful letter. I

, appreciated hearing of your efforts in defense of the Japanese-American internees. j

Aloh

DANIEL K. INQUYB United Statei Senaattor

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October 18, 1990 9 Greenridge Drive Chappaqua, NY 10514

To the editor:After the not altogether prudent media hoopla surrounding

the presentation of the first checks, it is, I feel, time for some perspective. No doubt both the Justice Department and Congress have received substantial amounts of negative mail containing the same basic message: "Why is the government handing out $20,000 checks when a budget crisis shuts down Washington. This is crazy." Sadly, the merits of our case get lost, and our longtime opponents must be smiling.

I think we should remember two things. First, the "permanent funding status" of our bill, which is not quite a full entitlement, can be reversed for fiscal 1992 and beyond by a simple majority vote on the floor of either the House or the Senate. We are most vulnerable in the House, where in the initial instance a coalition of Republicans and conservative Democrats came within 17 votes of beating us. Opponents had only a couple of hours to marshal their forces, and were stopped only by a floor speech delivered by the current Bush nemesis and redress supporter, Republican Whip Newt Gingrich.

Second, we should remember that the Japanese American community itself, not the good graces of anyone at the Justice Department, is responsible for the checks being delivered to individual Nikkei. No authorization bill, no appropriations bill, no nothing. And the person most responsible for the money is one of our own: Senator Daniel Inouye of Hawaii.

We should take pride in what we ourselves were able to accomplish. The bill, the law, is the thing. All else flows from it, including employment for various Justice Department personnel.

Sincerely

Grant Ujifusa JACL-LEC Strategy Chair

0Z90T 'Ā'N '377IA IN V SV 37d • 'DNI 'NOIdVIDOSSV JLS3DIQ S.33Q V 33 3HJL

TO: SENATORFROM: MARIEDATE: OCTOBER 23, 1990

Grant Ujifusa appears to be'tooting his own horn. He would like to have the attached letter printed in PACIFIC CITIZEN as well as the Asian venaculars. Do you have any objections?

YESNO

(Aav^, IMiu-, tiltlAi -

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October 18, 1990 9 Greenridge Drive Chappaqua, NY 10514

To the editor:After the not altogether prudent media hoopla surrounding

the presentation of the first checks, it is, I feel, time for some perspective. No doubt both the Justice Department and Congress have received substantial amounts of negative mail:Why is the government handing out $20,000 checks in a time of budget fiasco? This is crazy. Sadly, the merits of our case get lost, and our longtime opponents must be smiling.

I think we should remember two things. First, the "permanent funding status" of our bill, which is not quite a full entitlement, can be reversed for fiscal 1992 and beyond by a simple majority on the floor of either the House or the Senate. We are most vulnerable in the House, where last time a coalition of Republicans and conservative Democrats came within 17 votes of beating us. Opponents had only a couple of hours to marshal their forces, and were stopped only by a floor speech delivered by the current Bush nemesis, Republican Whip Newt Gingrich.

Second, we should remember that the Japanese American community itself, not the good graces of bureaucrats at the Justice Department, should take credit for the checks being delivered to individual Nikkei. No authorization bill, no appropriations bill, no nothing. And the person most responsible for the money is one of our own: Senator Daniel Inouye ofHawaii.

We should take pride in what we ourselves were able to accomplish. The bill is the thing. All else flows from it.

Sincerely,

Grant Ujifusa JACL-LEC Strategy Chair

The University of Texas Health Science Center at Houston

MEDICAL SCHOOL U \!6431 Fannin

Department of Neurology

Frank M. Yatsu, M.D.Suite 7.044 MSB

Roy M. and Phyllis Gough Huffington Houston, Texas 77030 Chair in Neurology (713) 792-5777

Professor and Chairman FAX (713) 792-5795

October 10, 1990

Honorable Norman Mineta House of Representatives 308 Cannon Street House Office Building Washington DC, 20515Re: Use of Redress MoniesDear Representative Mineta:Since you were instrumental in initiating Legislation for the $20 thousand redress by the US Government, I am writing to suggest that you and other leaders of the Japanese/American Community, particularly other Congressman, have Japanese/Americans donate all or part of the redress monies to develop a number of endowed chairs at various Universities to symbolize the US Government's commitment to Constitutional Rights and human freedom.If, for example, 500 professionals would donate half of the redress monies, the resulting $5 million could either alone or as matching funds create the endowed chairs. The specific nature and location could be determined by a Blue Ribbon Committee of both Representatives of Congress like yourself as well as academic leaders, which should extend beyond the Japanese/American community.When the redress issue was first passed by Congress, I wrote to our various Representatives and Senators in Texas to commend them and indicated that I would suggest the funding of endowed chairs as I am doing in this letter. I am sure the concept is not a new or innovative one, but would hope that it provokes you and your colleagues to galvanize activity in this regard, particularly through the JACL.To be successful, a nucleus of donors would be needed to "prime the pump", and for my part, I will pledge $10 thousand for this purpose.

Dental Branch • Division of Continuing Education • Graduate School of Biomedical Sciences • School of Public Health • Medical School • Speech and Hearing Institute • School of Nursing • School of Allied Health Sciences

Page 2 of 2 Honorable Norman Mineta October 10, 1990

Wishing you good luck in this effort and thanking you in advance, I amSincerely yours,

Frank M. Yatsu, M.D.Professor and ChairmanFMY/cwmcc: Senator Daniel Inoaye

Representative Patricia Saiki Representative Robert Matsui

EXECUTIVE OFFICE OF THE PRESIDENTOFFICE OF MANAGEMENT AND BUDGET

WASHINGTON, D.C. 20503

May 31, 1990

Honorable Daniel K. Inouye United States Senate Washington, D.C. 20510Dear Senator Inouye:

This is in response to your recent inquiry concerning 1991 redress payments to World War II Japanese internees. The Office of Management and Budget expects to apportion the full appropriation in the first quarter. However, the total dollar level, and hence payment schedule, could be altered by an initial and final sequestration.

I hope you find this information useful. The Office of Management and Budget appreciates your concern.

Sincerely

Janet Hale Associate Director

for Economics and Government

DANIEL K INOUYE P r in c e K u h io F e d e r a l B u il d in g

R o o m 7325, 300 A l a M o a n a B HAWAII o u l e v a r d

Ho n o lu lu , HI 96850 (808)541-2542

Bnitd States SenateFAX (808) 541-2549

SUITE 722, HART SENATE BUILDING WASHINGTON, DC 20510

(202) 224-3934 FAX (202) 224-6747

May 15, 1990 rit

Mr. Richard Darman DirectorOffice of Management and Budget Executive Office Building Washington, D.C. 20503Dear Mr. Darman:I am writing in further reference to the question I submitted to U.S. Attorney General Richard Thornburgh, during his testimony before the Senate Appropriations Subcommittee on Commerce, Justice, State and Judiciary on April 26th.It is my understanding that the Office of Redress Administration (ORA) is committed to completing verification for 25,000 eligible persons before October 1, 1990, and will be ready to make the first year’s payments at that time. Iam interested in learning whether 0MB will provide the full1991 appropriation of $500 million in the first quarter so that those elderly individuals will not experience any further delays in receiving their redress payment? If not,I would appreciate an explanation.

Thank you for your assistance in this matter, and I look forward to your response.

Aloh

DAwlEL K. INOfUlTE United Stated feenator

DKIimbr

Page 3

OFFICE OF REDRESS ADMINISTRATION RE: Civil Liberties Act of 19881. I understand that the Office of Redress Administration (ORA) is committed to completing verification for 25,000 eligible, persons before October 1, 1990, and will be ready to make the first year’s payments at that time. Will the Office of Management and Budget (0MB) provide the full 1991 appropriations of $500 million in the first quarter so that those elderly individuals will not experience any further delays in receiving their redress payment? If not, why?2. Please provide the Committee with a status on the verification process of eligible recipients for redress payments. Does ORA anticipate any administrative delays in issuing the first payment checks to eligible recipients?

January 29, 1990

Mr. Arthur D. Jacobs 232 E. Balboa Drive Tempe, Arizona 85282

Dear Mr. Jacobs:

I received a copy of your letter to Senator John McCain concerning the internment of Germans and German Americans during World War II. Thank you for sharing your thoughts on this matter with me.

Many people ask, "Why should Japanese Americans be provided special treatment?” While it is true that all people of a nation at war suffer to a certain degree, the Japanese American internment experience is unprecedented in the history of civil rights deprivation. Japanese Americans were determined by our government to be a "security risk” without any formal allegations or charges of disloyalty or espionage. They were arbitrarily branded disloyal solely on grounds of racial ancestry. No similar mass internment was deemed necessary for Americans of German or Italian ancestries.

I regret you disagree with the report of the Commission on Wartime Relocation concerning the internment of Germans and German Americans. However, the Japanese-American case is unique in the constitutional history of our country. Theirs was a total abrogation of Constitutional guarantees inflicted against a single group of citizens solely on the basis of race.

Thank you again for apprising me of your experience and views.

Aloha,

DANIEL K. INOUYE United States Senator

DKI:mbr

CONGRESSIONAL BUDGET OFFICE Robmt D. R«iscliau«r U.S. CONGRESS DirectorWASHINGTON, D.C. 20515

January 10, 1990

Honorable Daniel K. Inouye ChairmanSelect Committee on Indian Affairs United States Senate Washington, D.C. 20510

Dear Mr. Chairman:

As you requested in your letter of November 15, 1989, we havereviewed Section 209 of H.R. 2991 (now Public Law 101-162), which amends the Civil Liberties Act of 1988. This section appropriates funds for the Civil Liberties Public Education Fund and amends the Civil Liberties Act of 1988 beginning in fiscal year 1991 to make payments from the fund an entitlement. As a result of this amendment, the staff of the Senate Budget Committee has indicated that the Committee will treat the Civil Liberties Public Education Fund as a mandatory spending program.

Mandatory spending is hot a legal concept; rather it is an accounting concept used by the Budget Committee to enforce spending targets set forth in the Congressional Budget Resolution. The Budget Committee directs CBO to score spending programs as mandatory if they are not controllable through the annual appropriation process. The enacted language avoids the annual appropriation process for spending from the fund, because it provides spending authority on a permanent basis without further action on the part of the Appropriations Committees.

If you have further questions on this issue, we will be pleased to provide them. The CBO staff contacts are Gail Del Balzo and Marta Morgan, who can be reached at 225-1971 and 226-2860, respectively.

Robert D. Reischauer

cc: Honorable John McCainVice Chairman

*p,'' 2 . 89 : 2 1 PIvI * C QsN O. J A K A K A1 P O 3'■ / . “

CONGRSftlONAL BUDGBT OFFICE Robert D. RelSohU.S. C0NQRI3S Dire oterWASHINGTON, D.C. 20S18

October4 17, 1969

Honorable Daniel K. Akaka U.S. House of Representatives Washington, D.C. 20515

. Dear Congressman:

As you requested In your letter of October 12, 1969, we have reviewed the proposed substitute for Senate Amendments 43 and 80 of the Commerce, Justice, State and the Judiciary Appropriations Bill, Fiscal Year 1990. The substitute would appropriate funds For the Civil Liberties Public Education Fund and would amend the Civil Liberties Act of 1988 beginning in fiscal year 1991 to make payments from the fund'an entitlement. Unless. otherwise directed by the Budget Committees, CBO would treat the Civil Liberties Public Education Fund as a mandatory spending program if the substitute were accepted*Mandatory spending is not a legal concept but an accounting concept developed by the Budget and Appropriations Committees to assist the Congress In enforcing spending targets set forth in the Congressional Budget “ solution. The Budget Committees direct CBO to score spending programs as mandatory if they are not controllable through the annual appropriation process. The proposed language would avoid the annual appropriation process for spending from the fund, because it would provide spending authority on a permanent basis without further action on the part of the Appropriations Committees. Therefor, it is likely that CBO would score the program as mandatory.

If you have further questions on this issue, we will be pleased to provide them. The CBO *taff contacts are Gail Del Balzo and Marta Morgan, who can be reaped at 226-2886 and 226-2860, respectively.

Sincerely,

Robert D. Reischauer

.1 © . 2 7 . 89 0 3 : 2 1 P 3WI * C © N O . A X A K A S> O

DANIEUK,-AKAKA WA'HwtTOrttarilb -S i e O w D i s t r ic t . HAW AII

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APPROPRIATIONSb u b c q m m 'T TE I*!

RURAL DEVELOPMENT, AGRICULTURE AND RELATED KAU iR lANAC

P.O.’AGENCIES HONbtUTREASURY. . TBWBRONI!

POSTAL SERVICE TOURISM CAUCUS

DANIEL K. AKAKA - aT * Member of Congress " ' ’*? L*

Enclosures , -ft

cc: CBO Scorekeeping Unit

Congress of tfoe fHniteti S ta te s %ouBe of ftepreBtntatibe*

WUrtfttgton* © C 20515 October 12, 1989

Dr. Robert D. Reischauer, Director Congressional Budget Office House Annex IX, Room 402 Washington, D.C. 20515Dear Dr. Reischauert

Enclosed is a copy of a provision to be offered as a substitute to Senate Amendments numbered 43 and 80 during the conference on H.R* 2991, the Commerce, Justice, State and the Judiciary Appropriations Bill, FY 1990. Also enclosed are the relevant portions of H.R. 2991.

The intent of the substitute is to make modifications to the civil Liberties Act of 1988 to provide that payments made to eligible individuals under title X of the Civil Liberties Act of 1988 be treated as a mandatory, as opposed to a discretionary, outlay.

I would appreciate a written statement from your office as to whether the enclosed substitute would make payments under this program mandatory.

I am advised that the conferees on this bill plan to meet next week, So your early attention to this request would be appreciated.

Aloha pumehana,

s 7 . S 9 0 3 : 2 1 P M , * C O N G . A K A K A F O 1 iA i

DANIIL K. AKAKASKQNQ DHTPU6T, HAWAII

eQMMimiiiAPPROPRIATIONS

«uBcoMMrmifti Congress of tfie IHniteb StatesAGRICULTURE, $ o u *e of fttjptetfetttatibe*RURAL DEVELOPMENT

TREASURY, SBaifctoffton, ©C 20515POSTAL SERVICE TOURISM CAUCUS

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’ «iFROM: CONGRESSMAN DANIEL K. AKAKAU.S.House of Representatives 23iMrtRE%um House Office Building D.C. 20515

CONTACT:

DATE:

SUBJECT:

We are sending you including this cover sheet.Ii you do not receive all of the pages, please contact the person listed above. Mahalol

ITEM #: 1992 ( )wl; redress/Civil Liberties Act funding FY 90

TOP/SUBTOPIC (1): case, internment TYPE OF DOC.: caseCREATE DATE: OCT-10-89 UPDATE DATE: DEC-05-89AIDE: MBD

Thank you for your recent correspondence regarding your support for my efforts to provide reparations for Japanese Americans who were interned in World War II. As you may be aware, the Senate and House Conferees on the FY 1990 Departments of Commerce, Justice and State Appropriations bill have agreed to my proposal to establish reparations payments as a permanent entitlement program starting in the 1991 fiscal year, which begins on October 1, 1990.The President signed the measure into law on November 21, 1989. Under this legislation, payments of $20,000 to each surviving internee would begin next October. Up to $500 million would be available annually for these payments, until all eligible internees are paid. The heirs of internees who died after August 10, 1988, will also be eligible for payments.During World War II, I witnessed first-hand the bloody sacrifices of my comrades in the 442nd Infantry Regimental Combat Team who were fighting for, and in many instances dying for, the same nation that held their loved ones in virtual prison camps. I returned home from the war with the resolve to do all that I could to see that justice was afforded to the 120,000 Americans of Japanese ancestry who were unjustly treated by our nation.We are now at the end of a long and most painful process. At long last, those who suffered terrible indignities at the hand of the United States will receive an acknowledgement by our country of its transgression. I know that such an apology and token payment will not fully recompense those who lost their liberty, property, freedom and equal protection without due process of law. Those interned Japanese Americans who were laid to rest and were not with us to witness the enactment of the Civil Liberties Act are resting, I believe, in a more serene and peaceful calm.It has been said that the wheels of justice grind slowly— it may seem intolerably slowly, to the victims of injustice. However, I hope that it restores a measure of faith in our nation's system of government to see it do its best to redress a wrong that has been committed. While we, individually and as a nation, must put the pain and bitter memories behind us, we must not forget them. Rather, this chapter must remain in our collective conscience as a grave reminder of what we are capable of in a time of crisis, and what we must not allow to happen again to any group, regardless of race, religion or national origin.I think that I am right in believing that my fallen comrades can now rest more comfortably in the knowledge that their sacrificeswere not in vafn.