To allow certain individuals of Japanese ancestry who were brought forcibly to the United States from countries in Latin America during World War II and were interned in the United States to be provided restitution under the Civil Liberties Act of 1988, and for other purposes.

February 17, 2005

Mr. BECERRA (for himself, Mr. CASE, Mr. MCDERMOTT, Mr. GUTIERREZ, Mr. MORAN of Virginia, Ms. SOLIS, Mr. PAYNE, Mr. HASTINGS of Florida, Ms. SCHAKOWSKY, Mr. KUCINICH, Mr. ABERCROMBIE, Mr. DAVIS of Tennessee, Ms. ROYBAL-ALLARD, Ms. LEE, Mr. BERMAN, Mr. HONDA, and Ms. BORDALLO) introduced the following bill; which was referred to the Committee on the Judiciary

To allow certain individuals of Japanese ancestry who were brought forcibly to the United States from countries in Latin America during World War II and were interned in the United States to be provided restitution under the Civil Liberties Act of 1988, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Wartime Parity and Justice Act of 2005'.

SEC. 2. ELIGIBILITY OF CERTAIN INDIVIDUALS UNDER CIVIL LIBERTIES ACT OF 1988.

(a) Eligibility- For purposes of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989 et seq.), the following individuals shall be deemed to be eligible individuals:

(1) An individual who--

(A) is of Japanese ancestry, or is the spouse or parent of an individual of Japanese ancestry;

(B) was brought forcibly to the United States from a country in Central America or South America during the evacuation, relocation, and internment period;

(C) was living on August 10, 1988;

(D) otherwise meets the requirements of subparagraph (B)(i) of section 108(2) of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b-7(2)(B)(i)); and

(E) subject to section 4(f) of this Act, has not otherwise received payment under the Civil Liberties Act of 1988.

(2) An individual who was an eligible individual under the Civil Liberties Act of 1988 before the enactment of this Act and who was eligible for, but did not receive, payment under that Act prior to the termination of the Civil Liberties Public Education Fund under section 104(d) of that Act.

(3) An individual who--

(A) was born to an eligible individual under the Civil Liberties Act of 1988 during the period beginning on January 20, 1945, and ending on February 29, 1948, at a place in which the eligible individual was confined, held in custody, relocated, or otherwise located during the evacuation, relocation, or internment period; and

(B) was living on August 10, 1988.

(4)(A) An individual of Japanese ancestry who, during the evacuation, relocation, or internment period--

(i) was a United States citizen or a permanent resident alien;

(ii) whose employment with a railroad or mining company was terminated on account of the individual's Japanese ancestry; and

(iii) was living on August 10, 1988.

(B) An individual who--

(i) during the evacuation, relocation, or internment period, was a dependent child of an individual described in subparagraph (A); and

(ii) was living on August 10, 1988.

(5) An individual of Japanese ancestry who--

(A) meets the requirements of paragraph (2) of section 108(2) of the Civil Liberties Act of 1988, other than subparagraph (A) of that paragraph; and

(B) was legally in the United States during the evacuation, relocation, or internment period but was made ineligible for United States citizenship or permanent residence status by law enacted prior thereto, on account of the individual's Japanese ancestry.

(b) Prisoner Exchanges- An individual shall not be precluded from being an eligible individual under subsection (a) if that individual was sent by the United States to Japan or territories occupied by Japan at any time during the period beginning on December 7, 1941, and ending on September 2, 1945, in exchange for prisoners held by Japan.

SEC. 3. APOLOGY OF THE UNITED STATES.

The United States apologizes to those individuals described in section 2(a) for the fundamental violations of their basic civil liberties and constitutional rights committed during the evacuation, relocation, or internment period. The President should transmit to each such individual a personal letter of apology on behalf of the United States.

SEC. 4. PROCEDURES.

(a) Applicability of Provisions of the Civil Liberties Act- Except as otherwise provided in this section, the provisions of section 105 of the Civil Liberties Act of 1988 shall apply with respect to eligible individuals under section 2 of this Act.

(b) Responsibilities of the Attorney General- The Attorney General shall have the responsibility to identify and locate, without requiring any application for payment and using records already in possession of the United States Government, eligible individuals under section 2, within 12 months after the date of the enactment of this Act. Failure to be identified and located within that 12-month period shall not preclude an eligible individual under section 2 from receiving payment under the Civil Liberties Act of 1988.

(c) Notification by Eligible Individuals- Any eligible individual under section 2 may notify the Attorney General that the individual is an eligible individual, and may provide documentation therefor, within 6 years after the date of the enactment of this Act.

(d) Determination of Eligibility- The Attorney General shall make a final determination of eligibility of individuals under section 2 not later than 1 year after locating the individual pursuant to subsection (b) or receiving notification from an individual pursuant to subsection (c), as the case may be.

(e) Judicial Review- An individual seeking payment of compensation under the Civil Liberties Act of 1988 as an eligible individual under section 2 may seek judicial review of a denial of compensation in an appropriate district court of the United States or the United States Court of Federal Claims within 6 years after the date of the denial.

(f) Payments From Court Cases- Notwithstanding section 2(a)(1)(E) of this Act and paragraph (7) of section 105(a) of the Civil Liberties Act of 1988, an individual described in subparagraphs (A) through (D) of section 2(a)(1) of this Act, or any surviving spouse, child, or parent of such individual to whom section 105(a)(8) of the Civil Liberties Act of 1988 applies, who has accepted payment, before the enactment of this Act, pursuant to an award of a final judgment or a settlement on a claim against the United States for acts described in section 108(2)(B) of the Civil Liberties Act of 1988 or section 2(a)(1)(B) of this Act, may receive payment under the Civil Liberties Act of 1988, except that any amount payable to such individual, spouse, child, or parent under section 105(a)(1) of that Act shall be reduced by the amount of any payment received pursuant to such final judgment or settlement.

SEC. 5. CORRECTION OF IMMIGRATION STATUS.

Those individuals described in paragraph (1) of section 2(a) shall not be considered to have been present in the United States unlawfully during the evacuation, relocation, or internment period. Each department or agency of the United States shall take the necessary steps to correct any records over which that department or agency has jurisdiction that indicate that such individuals were in the United States unlawfully during such period.

SEC. 6. FULL DISCLOSURE OF INFORMATION.

(a) Public Disclosure of Information- The appropriate departments and agencies of the United States shall disclose to the public all information (other than information which may not be disclosed under other provisions of law) relating to the forcible removal of individuals from Central and South America during the evacuation, relocation, or internment period and the internment of those individuals in the United States during that period, including information on individuals whose location is unknown.

(b) Sharing of Information With Other Countries- The President shall take the necessary steps to share information described in subsection (a) with other countries and encourage those countries to make that information available to people in those countries.

SEC. 7. TRUST FUND.

(a) Reestablishment of Fund- The Civil Liberties Public Education Fund (in this Act referred to as the `Fund') is reestablished in the Treasury of the United States, and shall be administered by the Secretary of the Treasury.

(b) Investment of Amounts in the Fund- Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code.

(c) Uses of the Fund- Amounts in the Fund shall be available only--

(1) for disbursement of payments by the Attorney General, under section 105 of the Civil Liberties Act of 1988 and this Act, to eligible individuals under section 2 of this Act; and

(2) for disbursement by the Board of Directors of the Fund under section 8 of this Act.

(d) Authorization of Appropriations- There are authorized to be appropriated to the Fund--

(1) such sums as may be necessary to carry out paragraph (1) of subsection (b); and

(2) $45,000,000 for disbursements by the Board of Directors of the Fund under section 8.

SEC. 8. BOARD OF DIRECTORS OF THE FUND.

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

(b) Uses of the Fund- The Board may make disbursements from the Fund only--

(1) to sponsor research and public education activities so that events surrounding the evacuation, relocation, and internment of individuals of Japanese ancestry will be remembered, and so that the causes and circumstances of this and similar events may be illuminated and understood; and

(2) for reasonable administrative expenses of the Board, including compensation and expenses of the members and staff of the Board and payment for administrative support services.

(c) Membership, Staff, Etc- The provisions of subsections (c), (d), (e), (f), and (g) of section 106 of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b-5 (c), (d), (e), (f), and (g)) shall apply to the Board of the Fund to the same extent as they applied to the Board established under that section.

SEC. 9. DEFINITIONS.

In this Act, the terms `evacuation, relocation, or internment period' and `permanent resident alien' have the meanings given those terms in section 108 of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b-7).

END