House of Reps. - Conference Report

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SECTION 2. STATEMENT OF THE CONGRESS
House 6t(Z
The House bill includes a Statement of the Congress recognizing
the grave injustice done to both citizens and permanent resident
aliens of Japanese ancestry by their evacuation, relocation and internment during World War II, and apologizing on behalf of the
Nation. It contains no statement that the evacuation, relocation,
and internment of citizens and permanent resident aliens of Japanese ancestry during World War II was carried out "without any
acts of espionage or sabotage documented by the Commission." It
aTso contains no statement of Congress concerning the Aleuts relocated during World War II.
Seriate amendment
The Senate amendment contains the findings of the Commission
regarding the circumstances of the evacuation, relocation and internment of the persons of Japanese ancestry and the treatment of
the Aleuts during World War II. The Senate Findings state that the
internment was carried out without any documented acts of espionage oTsabotage committed by citizens and resident aliens of Japa-
nese^arice^EryrThe~Senate amendment includes a separate section
accepting the findings of the Commission, recognizing the gxaye_in-
justice done, and apologizing on behalf oTtHeTTation.
Conference agreement
The conference agreement follows the House format providing
for a Statement of the Congress and includes a statement concerning the treatment of the Aleuts.
The conference agreement follows the Senate amendment to
clarify that the source for "without any acts of espionage or sabotage" was the Commission on Wartime Relocation and Internment
of Civilians and is not an independent finding of the Congress. The
conferees agreed for accuracy to add the following statement,
"without anv actsjjf espionage—or sabotage documented-hy_ the.
Commission.'
Title I—"Civil Liberties Act of 1988'!.
SECTION 102. REMEDIES WITH RESPECT TO CRIMINAL CONVICTIONS^
House bill
The House bill does not include the word "evacuation" and "internment" as acts for which an individual was convicted of a violation and thereby is eligible for review.
Senate amendment
The Senate amendment includes the words "evacuation" and
"internment" as acts for which an individual was convicted of a
violation and eligible for review.
Caitfej^iiee^greemgAt
The conference agreement follows the Senate amendment to hv.
elude the categories of-evacuation and internment, which is consist-^
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ent with the use of the terms throughout both House and Senate
bills.
SECTION 103. CONSIDERATION OF COMMISSION FINDINGS BY
DEPARTMENTS AND AGENCIES
House bill
The House bill has no provision for reviewing the applications by
eligible individual for restitution "5T a federal benefit lost by the discriminatory act of the U.S. Government based upon giving full consideration to the "findings of the Commission."
Senate amendment
The Senate amendment provides for "giving full consideration xto
the findings of the Commission"irLxeviewing the applications of j;l-
ljible individuals for^estitjujjon of a federal benefit.
It
The conference agreement follows the Senate amendment to include "giyillgjull consideration to the findings of the Commission"
asabasis for the revievvby federal agencies forj;estitution of a fed;
'eraTbenefit to eilgibTe individuals^,
SECTION 104. TRUST FUND
The House bill requires that the trust fund investment be made
in interest-bearing obligations of the United States. It also authorizes an appropriation of $1,250,000,000 to the Fund over a ten year
period.
Senate amendment
'The Senate amendment requires that the trust fund be invested
pursuant to 31 U.S.C. 9702, which states that trust fund investments be made in government obligations and shall earn interest
at an annual rate of at least five percent. The Senate amendment
also authorizes an appropriation to the Fund of $500,000,000 in
fiscal 1989, $400,000,000 in fiscal 1990, $200,000,000 in fiscal 1991,
$100,000,000 in fiscal 1992 and $100,000,000 in fiscal 1993.
Conference agreement
Section 104(b) of the conference agreement follows the Senate
amendment and requires investment of the fund to be made pursuant to 31 U.S.C. 9702.
The conference agreement also provides in Section 104(e) for an
authorization of an appropriation to the fund of $l,250,000jQQ0_ for a
ten year period, but the Conference"agreement HmTls any appro-"
*prTatTon to not more than $500,000,000 for any fiscal year.
SECTION  105. RESTITUTION
House bill
" The House bill provides for payment of $20,000 to each eligible
individual. The bill requires the Attorney General to identify and
locate each eligible individual within nine months after the date of