§ 1981. Attorney General’s jurisdiction; uncompensated claims; condition precedent; definitions

(a) The Attorney General shall have jurisdiction to compromise and settle and make an award in an amount not to exceed $100,000 as hereinafter provided on any claim by a person of Japanese ancestry against the United States arising on or after December 7, 1941, when such claim is not compensated for by insurance or otherwise, for damage to or loss of real or personal property (including without limitation as to amount damage to or loss of personal property bailed to or in the custody of the Government or any agent thereof), that is (except as is otherwise provided by subsections 1(b)(2) and (1)(b)(3)) [subsections (b)(2) and (b)(3) of this section] a reasonable and natural consequence of the evacuation or exclusion of such person by the appropriate military commander from a military area in Arizona, California, Oregon, or Washington; or from the Territory of Alaska, or the Territory of Hawaii, under authority of Executive Order Numbered 9066, dated February 19, 1942 (3 C.F.R. Cum. Supp. 1092), section 67 of the Act of April 30, 1900 (48 U.S.C. 532), or Executive Order Numbered 9489, dated October 18, 1944 (3 C.F.R. 1944 Supp. 45).

(b) As used herein—

(1) “Evacuation” shall include voluntary departure from a military area prior to but in anticipation of an order of exclusion therefrom.

(2) “Claims by a person of Japanese ancestry” shall include claims that were filed by any profit or nonprofit organization, corporate or otherwise, the majority of whose stock was owned by, or the majority of whose stockholders or members were, on December 7, 1941, and on the date of the filing of the claim, persons of Japanese ancestry actually residing within the continental limits of the United States or its Territories: Provided, however, That the losses sustained by the particular organization were the result (1) of the evacuation and exclusion of its stockholders or members, or (2) of the evacuation and exclusion of persons of Japanese ancestry upon whom the organization depended for its business or support. Such claims shall not be barred by awards or disallowances heretofore made.

(3) “Claim by a person of Japanese ancestry” shall also include claims which have been timely filed for such damage or loss as heretofore defined incurred by persons of Japanese ancestry detained, interned, or paroled, and subsequently released, pursuant to Revised Statutes, sections 4067–70, as amended (relating to alien enemies) [50 U.S.C. 21 to 24]. Such claims shall also include losses due to the exclusion of the families and relatives of such persons during their detention or internment. Any such person shall be deemed to have been excluded from such military areas and territories as of the date he would have been evacuated had he not been detained or interned. The claim of or on behalf of such person shall not be barred by any award or disallowance heretofore made.

(July 2, 1948, ch. 814, § 1, 62 Stat. 1231; July 9, 1956, ch. 531, 70 Stat. 513.)

References In Text

References in Text

Section 67 of the Act of April 30, 1900 (48 U.S.C. 532), referred to in subsec. (a), was omitted from the Code.

Amendments

Amendments

1956—Subsec. (a). The former first sentence of section was designated subsec. (a) by act July 9, 1956, which permitted the Attorney General to compromise and settle and make an award in an amount not to exceed $100,000.

Subsec. (b). The former second sentence of section was designated subsec. (b) by act July 9, 1956, which defined “claims by a person of Japanese ancestry” and “claim by a person of Japanese ancestry”.

Short Title Of Amendment

Short Title of 2000 Amendment

Pub. L. 106–451, § 1, Nov. 7, 2000, 114 Stat. 1947, provided that: “This Act [enacting provisions set out as a note under this section] may be cited as the ‘Wartime Violation of Italian American Civil Liberties Act’.”

Miscellaneous

Violation of Civil Liberties of Italian Americans During World War II

Pub. L. 106–451, § 3, Nov. 7, 2000, 114 Stat. 1947, provided that: “The Attorney General shall conduct a comprehensive review of the treatment by the United States Government of Italian Americans during World War II, and not later than 1 year after the date of the enactment of this Act [Nov. 7, 2000] shall submit to the Congress a report that documents the findings of such review. The report shall cover the period between September 1, 1939, and December 31, 1945, and shall include the following:

“(1) The names of all Italian Americans who were taken into custody in the initial roundup following the attack on Pearl Harbor, and prior to the United States declaration of war against Italy.

“(2) The names of all Italian Americans who were taken into custody.

“(3) The names of all Italian Americans who were interned and the location where they were interned.

“(4) The names of all Italian Americans who were ordered to move out of designated areas under the United States Army’s ‘Individual Exclusion Program’.

“(5) The names of all Italian Americans who were arrested for curfew, contraband, or other violations under the authority of Executive Order No. 9066 [not classified to the Code].

“(6) Documentation of Federal Bureau of Investigation raids on the homes of Italian Americans.

“(7) A list of ports from which Italian American fishermen were restricted.

“(8) The names of Italian American fishermen who were prevented from fishing in prohibited zones and therefore unable to pursue their livelihoods.

“(9) The names of Italian Americans whose boats were confiscated.

“(10) The names of Italian American railroad workers who were prevented from working in prohibited zones.

“(11) A list of all civil liberties infringements suffered by Italian Americans during World War II, as a result of Executive Order No. 9066, including internment, hearings without benefit of counsel, illegal searches and seizures, travel restrictions, enemy alien registration requirements, employment restrictions, confiscation of property, and forced evacuation from homes.

“(12) An explanation of whether Italian Americans were subjected to civil liberties infringements, as a result of Executive Order No. 9066, and if so, why other Italian Americans were not.

“(13) A review of the wartime restrictions on Italian Americans to determine how civil liberties can be better protected during national emergencies.”

Commission on Wartime Relocation and Internment of Civilians

Pub. L. 96–317, July 31, 1980, 94 Stat. 964, as amended by Pub. L. 97–3, Feb. 10, 1981, 95 Stat. 5; Pub. L. 97–152, Mar. 16, 1982, 96 Stat. 11; Pub. L. 97–377, title I, § 111A, Dec. 21, 1982, 96 Stat. 1911, provided for establishment of Commission on Wartime Relocation and Internment of Civilians which was to, not later than June 30, 1983, submit to Congress a final report and study concerning facts and circumstances surrounding Ex. Ord. No. 9066, issued Feb. 19, 1942, pursuant to which thousands of American citizens and permanent resident aliens were relocated and detained in internment camps, and which was to further review U.S. military directives requiring relocation and detention of American citizens, including Aleut civilians, and permanent resident aliens of Aleutian and Pribilof Islands, as well as recommend appropriate remedies for such actions, and further provided for establishment of Commission as well as powers, administrative procedures, appropriations, and termination of Commission 90 days after submission of final report to Congress.