Collapse to view only § 4211. Short title
- § 4211. Short title
- § 4212. Remedies with respect to criminal convictions
- § 4213. Consideration of Commission findings by departments and agencies
- § 4214. Trust Fund
- § 4215. Restitution
- § 4216. Board of Directors of the Fund
- § 4217. Documents relating to the internment
- § 4218. Definitions
- § 4219. Compliance with Budget Act
- § 4220. Entitlements to eligible individuals
§ 4211. Short title
This subchapter may be cited as the “Civil Liberties Act of 1988”.
(Pub. L. 100–383, title I, § 101, Aug. 10, 1988, 102 Stat. 904.)
§ 4212. Remedies with respect to criminal convictions
(a) Review of convictions
The Attorney General is requested to review any case in which an individual living on August 10, 1988, 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;
on account of the refusal by such individual, during the evacuation, relocation, and internment period, to accept treatment which discriminated against the individual on the basis of the individual’s Japanese ancestry.
(b) Recommendations for pardons
(c) Action by the President
(Pub. L. 100–383, title I, § 102, Aug. 10, 1988, 102 Stat. 904.)
§ 4213. Consideration of Commission findings by departments and agencies
(a) Review of applications by eligible individuals
(b) No new authority created
(Pub. L. 100–383, title I, § 103, Aug. 10, 1988, 102 Stat. 905.)
§ 4214. Trust Fund
(a) Establishment
(b) Investment of amounts in the Fund
(c) Uses of the Fund
(d) Termination
(e) Authorization of appropriations
(Pub. L. 100–383, title I, § 104, Aug. 10, 1988, 102 Stat. 905
§ 4215. Restitution
(a) Location and payment of eligible individuals
(1) In general
(2) Location of eligible individuals
(3) Benefit of the doubt
(4) Notice from the Attorney GeneralThe 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—
(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 4218(2)(B) of this title, and
(B) each eligible individual who does not refuse, in the manner described in paragraph (5), 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 (6).
(5) Effect of refusal to accept payment
(6) Payment in full settlement of claims against the United States
(7) Exclusion of certain individuals
(8) Payments in the case of deceased persons
(A) In the case of an eligible individual who is deceased at the time of payment under this section, such payment shall be made only as follows:
(i) If the eligible individual is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse.
(ii) If there is no surviving spouse described in clause (i), such payment shall be made in equal shares to all children of the eligible individual who are living at the time of payment.
(iii) If there is no surviving spouse described in clause (i) and if there are no children described in clause (ii), such payment shall be made in equal shares to the parents of the eligible individual who are living at the time of payment.
If there is no surviving spouse, children, or parents described in clauses (i), (ii), and (iii), the amount of such payment shall remain in the Fund, and may be used only for the purposes set forth in section 4216(b) of this title.
(B) After the death of an eligible individual, this subsection and subsections (c) and (f) shall apply to the individual or individuals specified in subparagraph (A) to whom payment under this section will be made, to the same extent as such subsections apply to the eligible individual.
(C) For purposes of this paragraph—
(i) the “spouse” of an eligible individual means a wife or husband of an eligible individual who was married to that eligible individual for at least 1 year immediately before the death of the eligible individual;
(ii) a “child” of an eligible individual includes a 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) Order of payments
(c) Resources for locating eligible individuals
(d) Administrative costs not paid from the Fund
(e) Termination of duties of Attorney General
(f) Clarification of treatment of payments under other lawsAmounts paid to an eligible individual under this section—
(1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and
(2) shall not be included as income or resources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of title 31 or available under any other law administered by the Secretary of Veterans Affairs, or for purposes of determining the amount of such benefits.
(g) Liability of United States limited to amount in Fund
(1) General rule
(2) Coordination with other provisions
(3) Order in which unpaid claims to be paid
(h) Judicial review
(1) Review by the Court of Federal Claims
(2) Applicability
(Pub. L. 100–383, title I, § 105, Aug. 10, 1988, 102 Stat. 905; Pub. L. 101–162, title II, § 209(b), Nov. 21, 1989, 103 Stat. 1005; Pub. L. 102–371, §§ 4–6(a), Sept. 27, 1992, 106 Stat. 1167, 1168; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
§ 4216. Board of Directors of the Fund
(a) Establishment
(b) Uses of the FundThe Board may make disbursements from the Fund only—
(1) to sponsor research and public educational activities, and to publish and distribute the hearings, findings, and recommendations of the Commission, so that the events surrounding the evacuation, relocation, and internment of United States citizens and permanent resident aliens of Japanese ancestry will be remembered, and so that the causes and circumstances of this and similar events may be illuminated and understood; and
(2) for reasonable administrative expenses of the Board, including expenses incurred under subsections (c)(3), (d), and (e).
(c) Membership
(1) Appointment
(2) Terms
(A) Except as provided in subparagraphs (B) and (C), members shall be appointed for terms of 3 years.
(B) Of the members first appointed—
(i) 5 shall be appointed for terms of 3 years, and
(ii) 4 shall be appointed for terms of 2 years,
as designated by the President at the time of appointment.
(C) Any member appointed to fill a vacancy occurring before the expiration of the term for which such member’s predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of such 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) Compensation
(4) Quorum
(5) Chair
(d) Director and staff
(1) Director
(2) Additional staff
(3) Applicability of civil service laws
(e) Administrative support services
(f) Gifts and donations
(g) Annual reports
(h) Termination
(Pub. L. 100–383, title I, § 106, Aug. 10, 1988, 102 Stat. 908.)
§ 4217. Documents relating to the internment
(a) Preservation of documents in National Archives
(b) Public availability of certain records of the House of Representatives
(1) The Clerk of the House of Representatives is authorized to permit the Archivist of the United States to make available for use records of the House not classified for national security purposes, which have been in existence for not less than thirty years, relating to the evacuation, relocation, and internment of individuals during the evacuation, relocation, and internment period.
(2) This subsection is enacted as an exercise of the rulemaking power of the House of Representatives, but is applicable only with respect to the availability of records to which it applies, and supersedes other rules only to the extent that the time limitation established by this section with respect to such records is specifically inconsistent with such rules, and is enacted with full recognition of the constitutional right of the House to change its rules at any time, in the same manner and to the same extent as in the case of any other rule of the House.
(Pub. L. 100–383, title I, § 107, Aug. 10, 1988, 102 Stat. 909.)
§ 4218. DefinitionsFor the purposes of this subchapter—
(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, or the spouse or a parent of an individual of Japanese ancestry, who is living on August 10, 1988, and who, during the evacuation, relocation, and internment period—
(A) was a United States citizen or a permanent resident alien; and
(B)
(i) 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 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(III) any other Executive order, Presidential proclamation, law of the United States, directive of the Armed Forces of the United States, or other action taken by or on behalf of the United States or its agents, representatives, officers, or employees, respecting the evacuation, relocation, or internment of individuals solely on the basis of Japanese ancestry; or
(ii) was enrolled on the records of the United States Government during the period beginning on December 7, 1941, and ending on June 30, 1946, as being in a prohibited military zone;
except that the term “eligible individual” does not include any individual who, during the period beginning on December 7, 1941, and ending on September 2, 1945, relocated to a country while the United States was at war with that country;
(3) the term “permanent resident alien” means an alien lawfully admitted into the United States for permanent residence;
(4) the term “Fund” means the Civil Liberties Public Education Fund established in section 4214 of this title;
(5) the term “Board” means the Civil Liberties Public Education Fund Board of Directors established in section 4216 of this title; 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).1
1 See References in Text note below.
(Pub. L. 100–383, title I, § 108, Aug. 10, 1988, 102 Stat. 910; Pub. L. 102–371, § 3, Sept. 27, 1992, 106 Stat. 1167.)
§ 4219. Compliance with Budget Act
No authority under this subchapter 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 subchapter shall be limited to an amount not in excess of the appropriations for such fiscal year. Any provision of this subchapter which, directly or indirectly, authorizes the enactment of new budget authority shall be effective only for fiscal year 1989 and thereafter.
(Pub. L. 100–383, title I, § 109, Aug. 10, 1988, 102 Stat. 910.)
§ 4220. Entitlements to eligible individuals
(a) In general
(b) Payments from discretionary appropriations
(1) Payments
(2) Authorization of appropriations
(c) Definitions
As used in this section—
(1) the term “discretionary appropriations” has the meaning given that term in section 900(c)(7) of title 2; and
(2) the term “entitlement” means “spending authority” as defined in section 651(c)(2)(C) 1
1 See References in Text note below.
of title 2.(Pub. L. 100–383, title I, § 110, as added Pub. L. 101–162, title II, § 209(a), Nov. 21, 1989, 103 Stat. 1005; amended Pub. L. 102–371, § 7, Sept. 27, 1992, 106 Stat. 1168.)