EFERENCE: Vol. 134 No. 115

TITLE: CONFERENCE REPORT ON H.R. 442, CIVIL LIBERTIES ACT OF 1988

SPEAKER: Mrs. BENTLEY; MR. BERMAN; Mr. BLAZ; MR. BONKER; Mr. COBLE; MR. DAVIS OF ILLINOIS; Mr. FAZIO; Mr. FRANK; Mr. FRENZEL; Mr. GLICKMAN; Mr. KONNYU; MR. LEHMAN OF CALIFORNIA; Mr. LEVINE of California; Mr. LUNGREN; Mr. MATSUI; MR. MILLER OF CALIFORNIA; Mr. MINETA; Mr. PANETTA; MS. PELOSI; Mr. RODINO; Mr. SWINDALL; Mr. YOUNG of Alaska

TEXT:
   Text that appears in UPPER CASE identifies statements or insertions which are not spoken by a Member of the House on the floor.

 [*H6307]  The SPEAKER. Pursuant to the order of the House of yesterday, Wednesday, August 3, 1988, the unfinished business is the completion of the debate on the conference report on the bill (H.R. 442) to implement recommendations of the Commission on Wartime Relocation and Internment of Civilians.

The Clerk read the title of the bill.

The SPEAKER. Pursuant to the order of the House of Wednesday, August 3, 1988, 20 minutes remain in general debate.

The gentleman from Massachusetts [Mr. Frank] will be recognized for 6 minutes; the gentleman from Georgia [Mr. Swindall] will be recognized for 6 minutes; and the gentleman from North Carolina [Mr. Coble] will be recognized for 8 minutes.

The Chair recognizes the gentleman from Massachusetts [Mr. Frank].

Mr. FRANK. Mr. Speaker, I yield such time as he may consume to the gentleman from New Jersey [Mr. Rodino], the chairman of the committee.

(Mr. RODINO asked and was given permission to revise and extend his remarks.)

Mr. RODINO. Mr. Speaker, I thank the gentleman from Massachusetts [Mr. Frank] for yielding.

I say that it is really long past due that we address this wrong that we committed way back in the early 1940's and in fairness and decency to justice that we act on this conference report.

Mr. Speaker, I urge its approval.

MR. SPEAKER, ON SEPTEMBER 17, 1987, THE 200TH ANNIVERSARY OF THE SIGNING OF OUR CONSTITUTION, THE HOUSE PASSED H.R. 442, THE CIVIL LIBERTIES ACT OF 1988. TODAY, WE HAVE THE OPPORTUNITY -- AND THE OBLIGATION -- TO COMPLETE OUR WORK ON THIS LEGISLATION BY ADOPTING THE CONFERENCE REPORT ON H.R. 442. FAIRNESS AND DECENCY AND JUSTICE DEMAND THAT WE ACT.

MORE THAN 45 YEARS AGO, THE FEDERAL GOVERNMENT COMMITTED A GRAVE INJUSTICE AGAINST JAPANESE AMERICAN CITIZENS AND RESIDENT ALIENS. IT HERDED NEARLY 120,000 LOYAL JAPANESE AMERICANS INTO REMOTE INTERNMENT CAMPS. THE UNITED STATES AT THE TIME WAS AT WAR WITH JAPAN, YES, BUT THE GOVERNMENT'S EVACUATION AND INTERNMENT OF THESE JAPANESE AMERICANS COULD NOT BE JUSTIFIED BY MILITARY NECESSITY OR SECURITY CONCERNS. DESPITE THIS SHAMEFUL MISDEED, THEIR GOVERNMENT HAS NEVER COMPENSATED THESE LOYAL CITIZENS FOR THIS DENIAL OF THEIR FREEDOM. THE HOUSE ON SEPTEMBER 17, 1987, PASSED H.R. 442 BY A VOTE OF 243 TO 141. TODAY WE CAN CORRECT A GREAT WRONG BY PASSAGE OF THE CONFERENCE REPORT ON H.R. 442 AND HELP SPEED TO THESE PEOPLE -- OUR FELLOW CITIZENS -- THE JUST RECOMPENSE THAT HAS BEEN TOO LONG DELAYED.

THE CONFERENCE REPORT ALSO PROVIDES FOR COMPENSATION TO THE RESIDENTS OF THE ALEUTIAN AND PRIBILOF ISLANDS. THE COMMISSION ON WARTIME RELOCATION AND INTERNMENT OF CIVILIANS RECOMMENDED COMPENSATION FOR THOSE RESIDENTS OF THE ALEUTIAN CHAIN WHO WERE RELOCATED DURING WORLD WAR II BY THE GOVERNMENT AND THEIR VILLAGES DESTROYED BY U.S. OCCUPATION. THE STORY OF THE ALEUT RELOCATION AND INTERNMENT IN ABANDONED CANNERIES IS ONE OF GOVERNMENT NEGLIGENCE. THE CAMPS WERE HARSH AND MEDICAL CARE WAS WOEFULLY WANTING. APPROXIMATELY 10 PERCENT OF THE ALEUT EVACUEES DIED DURING THE 2 TO 3 YEARS THEY WERE FORCED TO SPEND IN THE CAMPS.

THE VILLAGERS OF ATTU ISLAND WERE DESTINED NEVER TO RETURN TO THEIR HOME. PART OF THE ISLAND WAS MADE A COAST GUARD BASE AFTER WORLD WAR II, AND THE REST WAS DESIGNATED A WILDERNESS AREA IN 1980. THE BILL WOULD ALSO COMPENSATE THE ALEUTS FOR THE LOSS OF ATTU ISLAND. THE JUDICIARY COMMITTEE REPORTED ON SEPTEMBER 29, 1987, TO THE HOUSE, H.R. 1631, WHICH PROVIDES FOR RESTITUTION TO THE ALEUTS IN A MANNER SIMILAR TO THE PROVISIONS CONTAINED IN THE CONFERENCE REPORT. THE COMMITTEE THEREFORE RECOMMENDS THAT THE HOUSE ACCEPT THE ALEUT PROVISIONS OF H.R. 442 AS CONTAINED IN THE CONFERENCE REPORT.

THE CONFERENCE ON H.R. 442 REFINED AND PERFECTED THE LANGUAGE OF BOTH HOUSE AND SENATE BILLS, PRODUCING A BILL THAT CARRIES OUT THE RECOMMENDATIONS OF THE COMMISSION ON WARTIME RELOCATIONS AND INTERNMENT OF CIVILIANS REGARDING WITH THE ALEUTS AND JAPANESE AMERICANS. THE CONFERENCE AGREEMENT CONTAINS A 10-YEAR AUTHORIZATION TO ESTABLISH A  [*H6308]  TRUST FUND OF $1.25 BILLION TO BE USED FOR TWO PURPOSES. FIRST, IT WILL PROVIDE PAYMENTS OF $20,000 TO EACH SURVIVING INDIVIDUAL OF JAPANESE ANCESTRY WHO WAS DEPRIVED OF HIS OR HER LIBERTY THROUGH RELOCATION AND INTERNMENT. SECOND, IT WILL FINANCE A CIVIL LIBERTIES PUBLIC EDUCATION FUND BY PROVIDING $50 MILLION TO PUBLISH THE HEARINGS OF THE COMMISSION AND TO SPONSOR RESEARCH AND PUBLIC EDUCATION ACTIVITIES ABOUT THE INTERNMENT PERIOD.

THE CONFERENCE AGREEMENT ALSO ESTABLISHES A $5 MILLION TRUST FUND FOR THE GENERAL BENEFIT OF THE ALEUTS: $12,000 TO EACH ALEUT RELOCATED DURING THE WAR, $1.4 MILLION FOR DESTROYED CHURCH PROPERTY, AND NOT MORE THAN $15 MILLION FOR THE LOSS OF ATTU ISLAND.

THE CONFERENCE AGREEMENT COMPLIES WITH THE BUDGET ACT, WHICH AUTHORIZES NEW BUDGET AUTHORITY EFFECTIVE ONLY FOR FISCAL YEAR 1989 AND THEREAFTER. IN REGARD TO RESTITUTION PAYMENTS TO JAPANESE-AMERICANS, NOT MORE THAN $500 MILLION IN BUDGET AUTHORITY MAY BE APPROPRIATED IN ANY YEAR.

THE CONFERENCE AGREEMENT ASSERTS THAT THOSE PERSONS OF JAPANESE ANCESTRY WHO ARE LIVING ON THE DATE OF ENACTMENT OF THE BILL QUALIFY FOR RESTITUTION. THE AGREEMENT ALSO STATES THAT THE RIGHT TO PAYMENTS VESTS IN THE SURVIVOR AT THE TIME OF ENACTMENT BUT THAT PAYMENTS OF THE VESTED RIGHTS OF DECEASED PERSONS ARE LIMITED TO THREE CATEGORIES: FIRST, SURVIVING SPOUSE; SECOND, EQUAL SHARES TO LIVING CHILDREN AND; THIRD, EQUAL SHARES TO LIVING PARENTS.

THE COMMITTEE ON THE JUDICIARY HAS JURISDICTION OVER THE CLAIMS OF INDIVIDUALS AGAINST THE U.S. GOVERNMENT. THE COMMITTEE REGULARLY CONSIDERS SUCH CLAIMS. THE COMMITTEE RECOGNIZES THAT IT IS NEARLY IMPOSSIBLE TO PROVIDE ADEQUATE COMPENSATION TO JAPANESE-AMERICANS AND RESIDENTS OF THE ALEUTIAN CHAIN RELOCATED DURING WORLD WAR II. HOWEVER, RESTITUTION PAYMENTS ARE RECOMMENDED BY THE COMMITTEE IN ACCORDANCE WITH LEGAL PRECEDENT FOR THE PAYMENT OF MONETARY DAMAGES FOR DETAINMENT WITHOUT DUE PROCESS OF LAW. THE CONGRESS HAS ISSUED A FORMAL APOLOGY IN THE BILL, BUT THAT ALONE IS NOT ENOUGH TO REDRESS THE WRONGS.

THE COMMITTEE RECOMMENDS THAT THE HOUSE ACT FAVORABLY ON THE CONFERENCE AGREEMENT OF H.R. 442 TO REMEDY THE GROSS INEQUITY DONE BY THE UNITED STATES GOVERNMENT TO THESE JAPANES AMERICANS AND RESIDENTS OF THE ALEUTIAN CHAIN.

I PARTICULARLY WANT TO COMMEND REPRESENTATIVE BARNEY FRANK, CHAIRMAN OF THE SUBCOMMITTEE ON ADMINISTRATIVE LAW AND GOVERNMENT RELATIONS FOR HIS WORK ON THIS BILL.

I URGE THE HOUSE TO FAVORABLY CONSIDER THE CONFERENCE AGREEMENT ON H.R. 442.

Mr. FRANK. Mr. Speaker, I yield 2 minutes to the gentleman from California [Mr. Matsui].

(Mr. MATSUI asked and was given permission to revise and extend his remarks.)

Mr. MATSUI. Mr. Speaker, today marks a very important day in the making of our Nation's history. It is a day which clearly demonstrates that the U.S. Congress will not let anything interfere with its sworn duty to uphold the principles which have made this country the great Nation that it is.

I am referring, of course, to the upcoming final passage of H.R. 442, the Civil Liberties Restoration Act of 1988, and before I go further I would like to thank the numerous members of Congress, members of both parties, who have supported this legislation and made this great day possible.

The success of the redress bill demonstrates the true character of America in a way that the whole world can recognize. While all countries inevitably make mistakes, few have the courage and wisdom to recognize and acknowledge those mistakes. We all grow tired of reading the meaningless excuses that have been given as explanations for so many tragic actions -- excuses which inevitably find a way to blame the victims for their own suffering.

Fortunately, however, since the time when the full rights of citizenship were made available to all Americans, those stories rarely originate from this country. American history books and newspapers record the growth and development of freedom, liberty, and justice, with our Constitution standing as the greatest cornerstone that democracy has ever stood upon. And today will mark another great step in the growth of our democratic Government.

As Democrats and Republicans, liberals and conservatives, politicians and pundits, and, most importantly, citizens of every race and creed across the Nation have recognzied, the internment of Japanese Americans during World War II clearly violated the rights guaranteed to these people by the United States Government under the Constitution. While patriotic men, such as our distinguished colleagues Senators Matsunaga and Inouye, bravely risked their lives defending their country, their country wrongfully imprisoned their families, and forced those families to leave behind anything that they could not carry.

The worst part of the internment grew out of the patriotism of the internees. True believers in the freedom and justice of the American system, many internees simply could not believe that their country could do this to them. My own father could not even talk about his experience in the Tule Lake Internment Camp until 40 years after his freedom was returned to him.

The stigma of the internment weighed heavily on the hearts and souls of these Americans, and, in my fathers words, "the specter of disloyalty attached to anybody who was in those camps." Unfortunately, that specter is alive and well. I know because I have seen it in the tears and painful rememberances of internees. I know because I have seen the letters and heard the vioces of those expressing their thanks for the action this great body took last September by its initial passage of H.R. 442.

The redress bill is widely supported not only because of the clearly wrongful nature of the internment, but because of the importance of redress to the integrity of our Constitution. "No person shall be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation." Words which have ensured the greatness of our country, but words which will only be as meaningful as the redress granted to these American citizens who were forcibly removed from their homes and incarcerated, forfeiting many of their possessions, without due process or justice of any kind.

The $20,000 which will go to each internee is not a payoff to some interest group. It is, however, a significant reparation, a reparation just large enough to prove to those internees that the apology they will receive is real and not a meaningless, effortless gesture of pacification.

Redress compensation also reflects the most basic concept of our judicial system -- that one party, even if that party is the government itself, who injures another party shall be held accountable. There would be no accountability, and no justice, in the redress bill without compensation.

Both Houses of Congress, including Members of both the majority and the minority parties, have already voted for this compensation, and we stand poised here today to clear this bill for the President's signature. My friends and colleagues, as someone who is intimately acquainted with the pain caused by the internment and as someone who deeply cares about our Constitution, I cannot tell you how much this vote means to me.

Mr. Speaker, I salute our President who has not only endorsed this bill but has also urged the House to act "swiftly and favorably" on it. In the spirit of our Constitution, I hope my colleagues will seize this tremendous opportunity to bring a positive and healing close to what has been a painful chapter in our Nation's history.

Mr. Speaker, I would just like to quote from a document that appeared in the Congressional Record in 1941. It was put in by a gentleman by the name of Mike Masaoka. Mike Masaoka was born in Salt Lake City, UT. He had five brothers, and he and his family were interned during World War II although they were American citizens. When they were in the internment camps, they decided that they needed to prove their loyalty to their country, and so all of the brothers volunteered for the 442d Combat Troop to fight in the European front on behalf of the U.S. Government.

Their sisters, mother and father, and other relatives wre incarcerated by their own Government. Ben Masaoka was killed in action. Todd Masaoka was severely wounded. Ike Masaoka was completely disabled. The others survived. They received numerous  [*H6309]  medals from the Federal Government.

Mr. Speaker, Mike Masaoka in 1941 asked the U.S. Senate to insert a statement in the Congressional Record, and I think the statement is so fitting of the greatness of this country and the greatness of this institution that I would like to read the statement of Mike Masaoka:

JAPANESE AMERICAN CREED

I am proud that I am an American citizen of Japanese ancestry, for my very background makes me appreciate more fully the wonderful advantages of this Nation. I believe in her institutions, ideals and traditions; I glory in her heritage; I boast of her history; I trust in her future. She has granted me liberties and opportunities such as no individual enjoys in this world today. She has given me an education befitting kings. She has entrusted me with the responsibilities of the franchise. She has permitted me to build a home, to earn a livelihood, to worship, think, speak, and act as I please -- as a free man equal to every other man.

Although some individuals may discriminate against me I shall never become bitter or lose faith, for I know such persons are not representative of the majority of the American people. True, I shall do all in my power to discourage such practices, but I shall do it in the American way: above board, in the open, through courts of law, by education, by proving myself to be worthy of equal treatment and consideration. I am firm in my belief that American sportsmanship and attitude of fair pay will judge citizenship and patriotism on the basis of action and achievement, and not on the basis of physical characteristics.

Because I believe in America, and I trust she believes in me, and because I have received innumerable benefits from her I pledge myself to do honor to her at all times and in all places, to support her Constitution, to obey her laws, to respect her Flag, to defend her against all enemies, foreign or domestic, to actively assume my duties and obligations as a citizen, cheerfully and without any reservations whatsoever, in the hope that I may become a better American in a greater America.
Mike M. Masaoka.

Mr. Speaker, I urge adoption of this conference report.

Mr. SWINDALL. Mr. Speaker, I yield such time as he may consume to the gentleman from Alaska [Mr. Young].

(Mr. YOUNG of Alaska asked and was given permission to revise and extend his remarks.)

Mr. YOUNG of Alaska. Mr. Speaker, I rise in strong support of the conference report to accompany H.R. 442 -- the Wartime Relocation Compensation Act. I believe it is the obligation of a fair and just government to repay citizens for property taken by that government, even where the motive is to protect the Nation in time of war. I would like to say, however, the compensation to citizens who were interned does not in any way reduce our respect for all those whose sacrifices allowed us to win the war and remain a nation of freedom and liberty. It is from respect for that freedom and liberty that our Government should repay citizens for property forcibly taken during the war.

The conference report contains provisions which provide justifiable compensation for Japanese-Americans and Aleuts living in Alaska who were forcibly relocated during World War II. The provisions in the conference report are patterned after the recommendations of the Wartime Relocation Commission and are nearly identical to legislation I introduced which passed the Judiciary Committee of this body. These provisions provide for individual per capita payments for the survivors of internment and a trust fund for the heirs of those who did not survive. It is important, Mr. Speaker, that 10 percent of the Aleuts who were relocated did not survive their stay in camps in southeast Alaska due to extremely poor health conditions and lack of medical treatment.

The conference report further provides for the payment to the Aleut Corporation for the loss of ownership of Attu Island. Villagers were forcibly relocated from Attu Island and were not allowed to return after the war. In 1980, the island was designated a wilderness area and cannot be returned to the Aleuts at this time.

We took the rights of the residents of Aleutian chain detained during the war. In justice and fairness, I believe we should recognize those rights and provide compensation.

This issue is one of fundamental basic fairness for a fair and just society. I strongly support the conference report and urge my colleagues to vote in favor of it.

Finally, Mr. Speaker, I commend the chairman of the subcommittee, Mr. Frank of Massachusetts, for his fine work on this legislation as well as the excellent work of the committee staff.

Mr. COBLE. Mr. Speaker, I yield 30 seconds to the gentlewoman from Maryland [Mrs. Bentley].

(Mrs. BENTLEY asked and was given permission to revise and extend her remarks.)

Mrs. BENTLEY. Mr. Speaker, last night when I arrived home, my husband, who served in the Army during the Korean war, came into the kitchen shaking his head and muttering, "If you want a fast divorce, you vote for that outrageous expenditure of our money."

I was not sure what he was talking about. I asked him.

He responded that he had been watching C-SPAN and had heard the floor debate concerning the reparations to those persons who had been incarcerated during World War II.

"That was wartime," he shouted, "and we did not start the war. If anyone should get anything, it should be the American prisoners who were treated cruelly and frequently tortured, sometimes tortured to death."

Mr. Speaker, my veteran husband, Bill Bentley, like all the veterans in my district, oppose this legislation, as do I.

Mr. COBLE. Mr. Speaker, I yield 3 1/2 minutes to the gentleman from California [Mr. Lungren].

(Mr. LUNGREN asked and was given permission to revise and extend his remarks.)

Mr. LUNGREN. Mr. Speaker, when I came to this Congress 10 years ago, one of the concerns that was raised to me by some folks who worked with me plus some people in my district was the question of the treatment of the Japanese Americans during World War II. Having been someone who grew up in southern California, an area which was dramatically changed as a result of the Executive order signed by President Franklin Delano Roosevelt, but having been born after the war and not knowing that much about it, I began to investigate it.

Once I realized what had occurred, I decided that I ought to be part of bringing this to the attention of the American people. Therefore, I cosponsored the original legislation to create the Commission and served as the only Member of this House on that Commission.

Mr. Speaker, what we discovered was what had been described here both in terms of treatment of American citizens in California and other parts of the 48 States, but also as far as the Aleuts were concerned up in Alaska.

There are reasons, I would suggest, that these things were done, even though I agreed with the unanimous recommendation of the Commission that this decision was made in error and was based on those three cited reasons. It is easy for us to look back and judge others.

What we need to do is to learn the lessons of the past, to make sure it does not happen again, and we need to, as one of our colleagues said, remove any vestige of a stigma that attaches to those loyal Americans and non-Americans who happened to be taken away in those camps.

I have fought against the idea of individual reparations. I still believe it is a wrong thing to do. I do not think we expiate our guilt by paying money from a subsequent generation. Nonetheless, lost in the whole debate about money has been the prime purpose of this legislation, and I believe the prime purpose of the product of the Commission's work is to make crystal clear to Americans now and in the future that there is no disloyalty that attaches to Japanese-Americans and others who were incarcerated or the Aleuts. It was the product of wartime hysteria and the other things that have been mentioned and that there ought to be no thought that anybody in those camps was disloyal.

Mr. Speaker, I think we need an educational program. I think we need to take care of the property losses that existed, and even though I am still believing that it is an error for us to pay individual reparations to individuals in these circumstances. On balance, I  [*H6310]  think we must make a statement that this was wrong.

When I was on the Commission, I voted with all the other Commissioners in favor of the overall report, although I dissented with respect to the recommendations with respect to individual reparations.

In the Congress of the United States you do not have the luxury of voting and at the same time dissenting and having that recorded. I did that in some way when this bill was first up. I had hoped we might be able to work further toward a discussion of the final ramifications of individual reparations and the precedent it might set. I did my best on that. Other felt that that was not the case, including the President of the United States.

Therefore, Mr. Speaker, at this time I think this ought to be supported even though I still hold reservations with respect to some parts of it.

The symbol is more important than the question of the money, I believe.

Mr. FRANK. Mr. Speaker, I yield 1 minute to the former chairman of the subcommittee before we began work on this issue, the gentleman from Kansas [Mr. Glickman].

(Mr. GLICKMAN asked and was given permission to revise and extend his remarks.)

Mr. GLICKMAN. Mr. Speaker, this is a great day for America, because it bears witness to the unique and special greatness of America that we are today repaying American citizens for injustices suffered during World War II as a result of denial of due process. Very few other societies or countries would do what we Americans are doing today.

Mr. Speaker, this bill proves our respect for human rights and liberties is paramount. This bill also establishes a historical precedent that this will never happen again to any racial, religious, ethnic group or individual -- that those folks will be deprived of due process because of their background.

Mr. Speaker, behind me is a statement by Daniel Webster. He closes the remarks by saying, "And let us see whether we in our day and in our generation may not perform something worthy to be remembered."

We are doing that today.

Mr. SWINDALL. Mr. Speaker, I yield 1 minute to the gentleman from Minnesota [Mr. Frenzel].

(Mr. FRENZEL asked and was given permission to revise and extend his remarks.)

Mr. FRENZEL. Mr. Speaker, when this bill was before us, I criticized its appropriateness, and as I frequently do, criticized the spending of money in the amounts called for. I spoke my piece, and I lost the argument.

Through the good work of a host of managers, the bill has been improved and has moved forward. A national apology will be offered when this bill is passed today. One of the managers, a particular friend, the gentleman from California [Mr. Matsui], has been most gracious in talking to me about this bill and explaining what his aspirations for it are.

Partly as a result of those discussions, I see this bill now as an important national apology. As such, it is one which should be made by all of us, and for all of the people of this country. Therefore, on this vote I am going to swallow my objections on appropriateness and unnecessary spending and I will reverse my vote against the bill.

Mr. Speaker, it is a time for apology, healing, and reunification, and I intend to be a part of it.

Mr. FRANK. Mr. Speaker, I yield 1 minute to the gentleman from California [Mr. Panetta].

(Mr. PANETTA asked and was given permission to revise and extend his remarks.)

Mr. PANETTA. Mr. Speaker, enactment of this legislation will bring to a close a painful chapter in this Nation's history. The forced internment of 120,000 persons of Japanese ancestry, most of them American citizens, was a national shame.

Extraordinary sacrifices occur in times of national crisis, and we recognize that thousands of Americans lost their lives in that conflict. The war exacted a price that can never be repaid.

What they fought for, what they fought and died for, was a Nation that respects basic freedoms, justice and rights. Their sacrifice is the very reason we have the responsibility of coming to terms with this tragic moment of our history.

That is the lesson we all must learn.

MR. SPEAKER, I RISE TODAY IN SUPPORT OF THE CONFERENCE REPORT FOR THE CIVIL LIBERTIES ACT OF 1987, WHICH WILL PROVIDE RESTITUTION TO JAPANESE AMERICANS INTERNED AND RELOCATED DURING WORLD WAR II, AN APOLOGY TO THESE PEOPLE, AND AN EDUCATION FUND TO ENSURE THE FUTURE STUDY OF THIS TRAGIC MOMENT OF AMERICAN HISTORY.

THE TREATMENT OF JAPANESE AMERICANS IN THE MONTHS FOLLOWING THE ATTACK ON PEARL HARBOR HAS LONG BEEN A SOURCE OF CONTROVERSY AND DEBATE IN THIS COUNTRY. ON FEBRUARY 10, 1942, 10 WEEKS AFTER AMERICA'S ENTRANCE IN THE WAR, PRESIDENT FRANKLIN D. ROOSEVELT SIGNED EXECUTIVE ORDER 9066 GIVING THE SECRETARY OF WAR AND REGIONAL MILITARY COMMANDERS THE POWER TO EXCLUDE ANY AND ALL PERSONS FROM DESIGNATED AREAS FOR SECURITY REASONS. IN THE END, MORE THAN 120,000 PERSONS OF JAPANESE ANCESTRY -- TWO-THIRDS OF WHOM WERE AMERICAN CITIZENS -- WERE UPROOTED FROM ALONG THE COASTS OF CALIFORNIA, OREGON, AND WASHINGTON AND INTERNED IN REMOTE RELOCATION CAMPS.

TODAY, MORE THAN 40 YEARS LATER, THE CONTROVERSY SURROUNDING THAT DECISION CONTINUES. CONGRESS MOVED IN 1980 TO ADDRESS THIS SENSITIVE ISSUE BY ESTABLISHING A BIPARTISAN COMMISSION ON WARTIME RELOCATION AND INTERNMENT OF CIVILIANS TO EXAMINE THE CIRCUMSTANCES LEADING UP TO THE EXCLUSION OF JAPANESE AMERICANS FROM THE WEST COAST AND THEIR SUBSEQUENT DETENTION UNDER ARMED GUARD.

AFTER MONTHS OF HEARINGS AND EXTENSIVE EXAMINATION OF PUBLIC RECORDS, THE COMMISSION REPORTED IN JANUARY 1983 THAT CIRCUMSTANCES IN THIS COUNTRY DURING THE WAR DID NOT WARRANT THE INTERNMENT OF THOUSANDS OF JAPANESE AMERICANS. IN SUPPORT OF THIS CONCLUSION, THE COMMISSION REPORTED THAT THERE WAS NOT A SINGLE DOCUMENTED ACT OF ESPIONAGE OR SUBVERSION COMMITTED BY AN AMERICAN OF JAPANESE HERITAGE ON THE WEST COAST. THE COMMISSION ALSO NOTED THE UNEQUAL TREATMENT OF SUSPECTED NATIONALS, POINTING OUT THAT NO MASS EXCLUSION OR DETENTION WAS ORDERED AGAINST AMERICANS OF GERMAN OR ITALIAN DESCENT.

FRANKLY, WE ALL RECOGNIZE THE NECESSITY OF EXTRAORDINARY MEASURES IN TIMES OF NATIONAL CRISIS. MANDATORY MILITARY SERVICE AND GAS AND FOOD RATIONING WERE BUT A FEW OF THE HARDSHIPS AND SACRIFICES THAT TOUCHED THE LIVES OF ALL AMERICANS DURING WORLD WAR II. FOR THE THOUSANDS OF YOUNG AMERICANS WHO LOST THEIR LIVES IN THAT CONFLICT, THE WAR EXACTED A PRICE THAT CAN NEVER BE REPAID.

THE QUESTION BEFORE CONGRESS AND THE NATION IS WHETHER, SOME 40 YEARS AFTER THE FACT, WE SHOULD TRY TO COMPENSATE FOR LOSSES SUFFERED BY AMERICANS OF JAPANESE ANCESTRY. I BELIEVE THAT WE MUST COME TO TERMS WITH THIS TRAGIC MOMENT OF OUR HISTORY. THE EDUCATION PROGRAMS PROVIDED FOR IN THE BILL WILL FINALLY GIVE THIS NEARLY FORGOTTEN CASUALTY OF WORLD WAR II THE ATTENTION IT DESERVES. CHILDREN IN SCHOOLS ACROSS THE NATION WILL LEARN ABOUT THE CRUELTIES OF WAR AND RACISM.

TOO MANY YOUNG AMERICANS ARE UNAWARE OF THE EVENTS OF WORLD WAR II. FOR A VARIETY OF REASONS THE JAPANESE INTERNMENT CAMPS ARE NOT GIVEN ADEQUATE ATTENTION IN THE CLASSROOMS OF THE UNITED STATES. AT A TIME WHEN YOUNG PEOPLE ARE LEARNING ABOUT THE CONTROVERSIAL EVENTS THAT OCCURRED IN VIETNAM, SO SHOULD THEY BE LEARNING OF THE ASSAULT ON LIBERTIES THAT OCCURRED RIGHT HERE IN THE UNITED STATES DURING WORLD WAR II. THE MONEY AUTHORIZED IN THE BILL SPECIFICALLY FOR EDUCATION WILL ENSURE THAT FUTURE GENERATIONS WILL KNOW OF THESE EVENTS AND LEARN FROM THEM. WHILE I RECOGNIZE THE CONCERN OF SOME OVER THE PRICE OF THIS LEGISLATION, THE PRICE OF NOT TAKING THIS ACTION SEEMS EVEN HIGHER. ONLY THROUGH A KNOWLEDGE OF HISTORY CAN SIMILAR EVENTS BE AVOIDED IN THE FUTURE.

Mr. SWINDALL. Mr. Speaker, I yield 1 minute to the gentleman from Guam [Mr. Blaz].

(Mr. BLAZ asked and was given permission to revise and extend his remarks.)

Mr. BLAZ. Mr. Speaker, I asked to speak here today because I sense history in the making, and I wanted to be part of it. I wanted to be part of a body that was noble enough, is noble enough, to right a wrong. I wanted, as a soldier, to pay tribute to the members of the 442d who, despite the enormous trauma that must have been upon them as they fought in Italy, nevertheless, distinguished themselves beyond imagination as no other, no other, battle organization has ever done since and probably will never be duplicated.

During the debate I said that there is one similarity between myself and Bob Matsui and Norm Mineta. We all were incarcerated in our youth, but there was one big distinction. My  [*H6311]  guards were enemy soldiers; theirs were American soldiers.

It was wrong. Let us do it right.

Thank you, Norm, thank you, Bob.

Mr. SWINDALL. Mr. Speaker, I yield 30 seconds to the gentleman from California [Mr. Konnyu].

(Mr. KONNYU asked and was given permission to revise and extend his remarks.)

Mr. KONNYU. Mr. Speaker, I was a refugee in a camp at the end of World War II in Austria. Our family was forced to live there and we could not leave.

Last year I visited a refugee camp in Honduras where 10,000 people were there. They were forced to live there. They could not leave.

That is the situation that happened during the Second World War. I met with those who were incarcerated in my district and others.

I think an apology is appropriate. I think that reimbursement of lost assets created by forced sale at fire sale prices is appropriate.

I ask for support of this legislation.

Mr. SWINDALL. Mr. Speaker, I yield myself the balance of my time.

Mr. Speaker, in closing I would like to urge my colleagues to support this legislation. The President has stated that he not only supports it but will sign it.

I would urge Members to support it not only because it is right, but because it is constitutionally mandated. The gentlewoman from Maryland made the statement that one of her constituents said we did not start this war. Let me remind those who make that argument that neither did these individuals who were interned. We cannot simply transfer the wrongs of the Japanese Government to the wrongs of individuals that are descendants.

In closing, the Federal Government has a responsibility to protect and uphold the Constitution. When it fails in that responsibility and in this case actually participates in violating the Constitution, it must step forward and not only say we were wrong, but make repair. Stating you are wrong is inadequate. You must repair as best you can the damage.

This is a small step in the right direction, but it does close this chapter of American history.

Mr. COBLE. Mr. Speaker, I yield myself my remaining 4 minutes.

Mr. Speaker, I am not comfortable rising to oppose this bill because some will accuse me of being insensitive and uncaring. It is inaccurate. Many proponents of this bill are Members of this House for whom I have the highest regard, and that compounds my discomfort.

I cannot argue to my colleagues that this legislation does not represent a humane gesture by the United States, nor can I argue that Americans of Japanese descent who were living on the west coast of the United States did not experience a horrendous and regrettable interruption of their lives and livelihoods during World War II because of the relocation program.

I can, however, argue, Mr. Speaker, that in a time of war when a country is threatened for its very survival, as this country was after Pearl Harbor in 1942, many things happen and many lives are disrupted for no logical reason. Many travesties of justice occur during a time of war. Many people lost their lives during World War II. Many people's lives were disrupted against their will, and this country went to war in order to help stop the further loss of lives.

I believe it is unfair and perhaps even presumptuous for us to sit in the calm of this House, thousands of miles away from any threat of war today, with the benefit of 20-20 hindsight, and pass judgment on the decisions made by President Roosevelt, his Secretary of War, and other members of his Cabinet during the threat of war which faced them in 1942 following the attack on the front line of defense at Pearl Harbor.

Was there perhaps war hysteria? No doubt. Was there perhaps racial prejudice involved? No doubt.

Was there a failure of political leadership? I think not. We joined that war and helped our allies win it.

But the decisions that are being questioned today, Mr. Speaker, were intertwined with a threatened national security.

I furthermore have reservations about the precedent that we may be setting in passing legislation of this kind. I do not believe that this Government can make restitution for every wrong committed by it during a time of global war, and where do we draw the line? Perhaps descendants of slaves, perhaps American Indians who were forced from their ancestral grounds and placed upon reservations. The potential is endless.

Our office has received many letters from veterans who fought in the Second World War who disagree with this bill, and the tone of their letters is generally the same. Many of them fought and were injured during World War II in conflict with our enemies. Some lost friends and loved ones as a result of the attack upon Pearl Harbor.

Mr. Speaker, in closing, I have no problems with the United States apologizing to those citizens of Japanese descent who were interned during the Second World War or whose lives were disrupted and detrimentally so during that war. And there are, furthermore, many people who should be recipients of apologies for acts that were done to them during the time of war.

But it is a problem, Mr. Speaker, that cannot be simply and summarily resolved after the fact through legislation.

Mr. SWINDALL. Mr. Speaker, will the gentleman yield?

Mr. COBLE. I am glad to yield to the gentleman from Georgia, if I have any time remaining.

Mr. SWINDALL. Mr. Speaker, I would just like to engage the gentleman from North Carolina in one question which I think is at the heart of many individuals' misunderstanding of this bill. The gentleman said where do we draw the line, does this mean that we may well end up compensating descendants of slaves.

I asked that same question and I think the signficance of this bill is that it has nothing to do with the descendants of internees. No individual compensated here is a descendant. They are people who were actually interned.

Mr. FRANK. Mr. Speaker, I yield such time as he may consume to the gentleman from California [Mr. Berman].

(Mr. BERMAN asked and was given permission to revise and extend his remarks.)

MR. BERMAN. MR. SPEAKER, I RISE IN STRONG SUPPORT OF H.R. 442.

MR. SPEAKER, I RISE TO EXPRESS MY STRONG SUPPORT FOR THE CONFERENCE REPORT ON H.R. 442, THE CIVIL LIBERTIES ACT OF 1988, IMPLEMENTING THE RECOMMENDATIONS OF THE COMMISSION ON WARTIME RELOCATION AND INTERNMENT OF CIVILIANS.

I AM PROUD TO HAVE SERVED AS A CONFEREE ON THIS HISTORIC LEGISLATION, AND AM DELIGHTED THAT THE CONFERENCE REPORT RETAINS THE HOUSE PROVISION VESTING THE RIGHT TO RESTITUTION PAYMENTS IN THOSE WHO ARE LIVING ON THE DATE OF ENACTMENT. IN THIS AND IN OTHER KEY RESPECTS, THE CONFERENCE REPORT SUCCEEDS IN RETAINING THE CRITICAL PROVISIONS OF H.R. 442.

BUT MY PRIDE IN BEING A MEMBER OF THE CONGRESS WHICH FINALLY APOLOGIZES ON BEHALF OF THE NATION FOR THE RELOCATION AND INTERNMENT OF JAPANESE AMERICANS DURING WORLD WAR II AND PROVIDES REDRESS FOR THEIR SUFFERING IS TEMPERED BY MY SADNESS THAT THESE EVENTS EVER HAPPENED AT ALL, AND THAT IT HAS TAKEN US OVER 45 YEARS TO ADMIT OUR MISTAKE AND MAKE AMENDS.

IT IS IMPOSSIBLE TO OVERSTATE THE SUFFERING TO WHICH OVER 120,000 JAPANESE AMERICANS WERE SUBJECTED WHEN THEY WERE UPROOTED FROM THEIR HOMES AND THEIR COMMUNITIES AND COMPELLED TO LIVE IN MASS DETENTION CAMPS. AS A CALIFORNIAN, I PERSONALLY KNOW MANY PEOPLE WHO ENDURED THIS TERRIBLE LOSS OF CIVIL LIBERTIES AND PROPERTY.

IT IS ENTIRELY FITTING, THOUGH LONG OVERDUE, THAT WE APOLOGIZE AND TRY TO MAKE AMENDS. BUT I FIND OF ALMOST EQUAL IMPORTANCE WHAT THIS BILL DOES FOR THE REST OF US WHO DID NOT SUFFER THE TERRIBLE INJUSTICE.

HOW MANY AMERICANS HAVE TRIED TO MAKE SENSE OF THE INTERNMENT CAMPS, AND HAVE CONCLUDED THAT THERE MUST BE SOME UNSPOKEN EXCEPTIONS TO THE RINGING WORDS OF OUR CONSTITUTION AND THE BILL OF RIGHTS? AND WHAT PRICE DOES THAT EFFORT TO RECONCILE THE IRRECONCILABLE EXACT FROM OUR VIGILANCE IN PROTECTING CIVIL LIBERTIES AND CIVIL RIGHTS TODAY?

HOW MANY AMERICANS OVER THE PAST 45 YEARS HAVE HAD THEIR PRIDE IN OUR NATION AS A BEACON OF HUMAN RIGHTS SHAKEN BY AN ACKNOWLEDGMENT OF THIS STAIN ON OUR NATIONAL RECORD?

 [*H6312]  WE MUST APPROVE THE CONFERENCE REPORT ON H.R. 442 TODAY NOT SIMPLY FOR JAPANESE AMERICANS, BUT FOR ALL AMERICANS.

I SALUTE THE INDIVIDUAL JAPANESE AMERICANS AND THEIR ORGANIZATIONS WHO HAVE WORKED SO LONG AND SO HARD TO WIN APPROVAL OF THIS MEASURE. THEIR EFFORTS HAVE NOT BEEN FOR THEMSELVES ALONE, BUT FOR US ALL.

OUR ACTION TODAY, FOLLOWING ON THE HEELS OF THE ACTION OF THE OTHER BODY LAST WEEK, IS ELOQUENT TESTIMONY TO THE VIBRANCY OF OUR DEMOCRACY, TO OUR DESIRE TO RECOGNIZE WRONGS WHICH HAVE BEEN DONE TO OUR PEOPLE, AND TO RIGHT THEM. I URGE PASSAGE OF THE CONFERENCE REPORT ON H.R. 442.

Mr. FRANK. Mr. Speaker, I yield such time as he may consume to the gentleman from California [Mr. Levine].

(Mr. LEVINE of California asked and was given permission to extend his remarks.)

Mr. LEVINE of California. Mr. Speaker, I rise in support of one of the most important measures this Congress will pass.

MR. SPEAKER, I RISE TODAY IN STRONG SUPPORT OF THE CONFERENCE REPORT ON H.R. 442, AND URGE MY COLLEAGUES TO SUPPORT THIS LONG-OVERDUE LEGISLATION. PASSAGE OF THIS CONFERENCE REPORT, WHICH THE OTHER BODY HAS ALREADY AGREED TO, IS ONE MORE STEP IN THE LENGTHY PROCESS OF RIGHTING ONE OF THE MOST REPREHENSIBLE EPISODES IN OUR HISTORY. I AM VERY PROUD TO HAVE THE OPPORTUNITY TO BE PART OF THIS HISTORIC LEGISLATION.

PRESIDENT ROOSEVELT CALLED DECEMBER 7, 1941, "A DAY THAT WILL LIVE IN INFAMY." ONE HISTORIAN HAS WRITTEN THAT FEBRUARY 19, 1942, WAS A DAY THAT "SHOULD LIVE IN INFAMY," FOR SHORTLY THEREAFTER ALL AMERICAN CITIZENS OF JAPANESE DESCENT WERE PROHIBITED FROM LIVING, WORKING, OR TRAVELING ON THE WEST COAST OF THE UNITED STATES.

WITH NO CHARGES FILED, WITH NO HEARINGS OR TRIALS, AND WITH LITTLE NOTICE, JAPANESE-AMERICAN CITIZENS AND ALIENS WERE GIVEN NUMBERS AND HERDED TO ASSEMBLY CENTERS. ALLOWED TO BRING ONLY WHAT THEY COULD CARRY, THEY WERE TRANSPORTED FOR THE DURATION OF WORLD WAR II TO 10 RELOCATION CENTERS -- BARELY HABITABLE CAMPS OF TAR-PAPER SHACKS, SURROUNDED BY BARBED WIRE FENCES.

IT WAS NOT UNTIL DECEMBER 1944 THAT JAPANESE-AMERICANS WERE FREED TO RETURN TO THEIR HOMES ON THE WEST COAST. BUT MANY HAD LOST EVERYTHING. THEY WERE THE VICTIMS OF AN INDIGNITY OF TREMENDOUS PROPORTIONS, AND THEY LIVED WITH A TREMENDOUS STIGMA.

ADEQUATE AMENDS CAN NEVER BE MADE TO THE INTERNEES FOR THEIR LOSSES AND SUFFERING. HOWEVER, THIS LEGISLATION -- WHICH RECOGNIZES AND APOLOGIZES FOR THE GRAVE INJUSTICE DONE TO JAPANESE-AMERICANS, PROVIDES RESTITUTION TO VICTIMS, AND ESTABLISHES A TRUST FUND FOR RESEARCH AND EDUCATIONAL ACTIVITIES RELATED TO THE WARTIME INTERNMENT -- IS AN IMPORTANT RECOGNITION OF THE INJUSTICES COMMITTED AGAINST LOYAL CITIZENS. I URGE MY COLLEAGUES TO GIVE IT THEIR FULL SUPPORT.

Mr. FRANK. Mr. Speaker, I yield such time as he may consume to the gentleman from California [Mr. Fazio].

(Mr. FAZIO asked and was given permission to revise and extend his remarks.)

Mr. FAZIO. Mr. Speaker, I thank my friend for yielding and rise in strong support of this legislation, and in support of the two gentlemen from California of Japanese extraction who have taken a lot of heat in the enactment of this legislation as well.

MR. SPEAKER, I RISE IN SUPPORT OF H.R. 442; A BILL TO PROVIDE FOR REPARATIONS TO JAPANESE-AMERICANS FOR THEIR INTERNMENT DURING WORLD WAR II.

ON SEPTEMBER 17, 1987, THE 200TH ANNIVERSARY OF THE U.S. CONSTITUTION, THE HOUSE PASSED H.R. 442, THE CIVIL LIBERTIES ACT. IT WAS A FITTING WAY TO COMMEMORATE THE BICENTENNIAL OF OUR CONSTITUTION AND A STEP TOWARD RIGHTING A 45-YEAR-OLD WRONG.

THE MEASURE HAS GENERATED A GREAT DEAL OF CONTROVERSY, DUE, I BELIEVE, TO A MISUNDERSTANDING OF THE EVENTS WHICH THE BILL ATTEMPTS TO REDRESS. THE GOAL OF THE CIVIL LIBERTIES ACT IS NOT TO REPAY INTERNEES FOR PHYSICAL LOSSES OR DAMAGES. RATHER, IT SEEKS TO MAKE AMENDS FOR THEIR UNLAWFUL IMPRISONMENT.

MORE THAN ONE-HALF OF THE MEN, WOMEN, AND CHILDREN PUT IN THE INTERNMENT CAMPS WERE AMERICAN CITIZENS BY BIRTH. THE REMAINDER WERE PERMANENT RESIDENTS WHO HAD LIVED IN THE UNITED STATES FOR UP TO 40 YEARS, BUT WERE UNABLE TO BECOME CITIZENS DUE TO THE ORIENTAL EXCLUSION ACT. INTERNEES, WHO WERE MAINLY TEACHERS, BUSINESSMEN, AND FARMERS, AND THEIR FAMILIES, HAD AS LITTLE AS 48 HOURS TO SETTLE THEIR ACCOUNTS AND PACK ONLY THE POSSESSIONS WHICH THEY COULD CARRY BEFORE BEING SHIPPED TO DETENTION CAMPS BY ARMED SOLDIERS.

THE U.S. GOVERNMENT DEPRIVED THE INTERNEES OF THEIR CONSTITUTIONALLY GUARANTEED RIGHT TO THE DUE PROCESS OF LAW, THE RIGHTS TO A SPEEDY AND FAIR TRIAL, FREEDOM FROM ARREST AND SEARCH WITHOUT PROBABLE CAUSE, AND THE FREEDOM OF TRAVEL AND SPEECH.

WE HAVE HEARD MANY TIMES THAT THESE AMERICANS OF JAPANESE ANCESTRY WERE A SECURITY RISK. YET, EVEN J. EDGAR HOOVER SAW NO JUSTIFICATION FOR THE INTERNMENT OF AN ENTIRE COMMUNITY DUE TO ITS RACE. WAR DEPARTMENT DOCUMENTS, DECLASSIFIED IN 1983, ALSO SHOW THAT MILITARY AUTHORITIES KNEW THAT THERE WAS NO MILITARY NECESSITY FOR INTERNMENT. IN FACT, NO CITIZENS OR RESIDENT ALIENS OF JAPANESE ANCESTRY WHO WERE INTERNED WERE EVER CHARGED WITH OR CONVICTED OF TREASONOUS ACTIVITY.

WE KNOW THAT THE JAPANESE GOVERNMENT INSTIGATED THE WAR IN THE PACIFIC AND THAT AMERICA WAS ATTACKED WITHOUT WARNING OR PROVOCATION. BUT, ASSOCIATING THE AMERICANS OF JAPANESE ANCESTRY WITH THE ACTS OF THE JAPANESE EMPIRE DURING WORLD WAR II WOULD BE WRONG. MOST OF THE INTERNEES WERE AMERICAN CITIZENS AND HAD NOTHING TO DO WITH THE JAPANESE GOVERNMENT. BLAMING THEM FOR THE ACTS OF THE JAPANESE GOVERNMENT IS EQUIVALENT TO BLAMING GERMAN-AMERICANS FOR THE HORRORS OF HITLER AND THE NAZI REGIME. WE WERE ALSO AT WAR WITH GERMANY AND ITALY, BUT WE DID NOT ROUND UP ANY AMERICANS OF GERMAN OR ITALIAN HERITAGE AND INTERN THEM IN CAMPS.

A NATION AT WAR MUST MAKE MANY SACRIFICES, AND AMERICANS OF JAPANESE ANCESTRY SHARED IN THE AMERICAN SACRIFICES FOR VICTORY IN WORLD WAR II; 33,000 AMERICANS OF JAPANESE ANCESTRY FOUGHT IN WORLD WAR II, MANY IN THE 100TH BATTALION AND 442D REGIMENTAL COMBAT TEAM, WHICH FOUGHT IN ITALY AND FRANCE UNTIL THE GERMAN SURRENDER. WHILE THESE SOLDIERS WERE FIGHTING FOR THEIR COUNTRY AND GIVING THEIR LIVES, THEIR FAMILIES WERE LIVING BEHIND BARBED WIRE, BY ORDER OF THE SAME GOVERNMENT THE SOLDIERS WERE DEFENDING.

BY COMPENSATING THE SURVIVING INTERNEES, WE WOULD IN NO WAY DIMINISH THE SACRIFICES OF MILLIONS OF AMERICANS WHO LOST THEIR LIVES IN DEFENSE OF THE UNITED STATES DURING WORLD WAR II. OUR SENSE OF OBLIGATION LEADS US TO PUBLICLY AND FORMALLY APOLOGIZE ON THE NATION'S BEHALF TO UNITED STATES CITIZENS OF JAPANESE ANCESTRY WHO WERE INTERNED DURING WORLD WAR II. I AM PROUD OF THE FACT THAT OUR COUNTRY IS COMPOSED OF PEOPLE OF MANY DIFFERENT RACES AND HERITAGES. THE INTERNMENT OF AMERICAN CITIZENS DUE TO THEIR RACE WAS WRONG. BY PASSING THIS BILL, WE WILL BE APOLOGIZING ON BEHALF OF THE PEOPLE OF THE UNITED STATES FOR THE EVACUATION, RELOCATION, AND INTERNMENT OF JAPANESE-AMERICANS.

MR. SPEAKER, I CANNOT THINK OF A BETTER WAY TO RECONFIRM OUR BELIEF IN AND THE VALUE OF OUR CONSTITUTION THAN TO ENACT THE CIVIL LIBERTIES ACT. I URGE MY COLLEAGUES TO PASS THIS IMPORTANT MEASURE.

Mr. FRANK. Mr. Speaker, I include at this point in the Record the letter from President Ronald Reagan supporting this bill.

The letter referred to follows:

The White House,

Washington, August 1, 1988.

Hon. James Wright,

Speaker of the House of Representatives, Washington, DC.

Dear Mr. Speaker: We welcome the action of the House-Senate conference on H.R. 442, a bill to provide compensation for Americans of Japanese descent interned in the United States during the Second World War. The bill reported from the conference and passed by the Senate on July 27 is substantially improved over the versions of the bill previously considered.

We are particularly pleased that the bill provides for a measured disbursement of the amounts authorized for the trust fund and ensures that acceptance of compensation under the legislation fully satisfies claims against the United States based on the unique circumstances of the internment.

The enactment of H.R. 442 will close a sad chapter in American history in a way that reaffirms America's commitment to the preservation of liberty and justice for all.

I urge the House of Representatives to act swiftly and favorably on the bill.

Sincerely,

Ronald Reagan.

Mr. FRANK. Mr. Speaker, I yield my remaining 2 minutes to the gentleman from California [Mr. Mineta].

(Mr. MINETA asked and was given permission to revise and extend his remarks.)

Mr. MINETA. Mr. Speaker, I am delighted at the agreement reached among the conferees on H.R. 442, and I urge my colleagues to approve this report.

This legislation has been carefully drafted, after many years of debate, discussion, and hearings. In resolving the differences between the House and Senate versions of H.R. 442, the members of the conference committee further refined and strengthened an already well-crafted bill.

The major points remain, unweakened, in this legislation: An apology from the U.S. Government, compensation for survivors, an education fund  [*H6313]  to assure that such a violation of civil rights never again occurs, and review of administrative decisions and criminal convictions influenced by the hysteria of the time.

In addition, H.R. 442 now also contains redress for the Aleuts who suffered so during their evacuation and relocation.

This bill is certainly about the specific injuries suffered by a small group of Americans. But the bill's impact reaches much deeper, into the very soul of our democracy. We want not just to close the books on the sad events of 1942: we want to make certain that such blatant constitutional violations never again occur.

Today I hope that this body will take another step toward righting a monumental injustice. I hope that we will resoundingly approve this report, and in so doing, will reaffirm the precious rights and freedoms guaranteed in our Constitution.

I applaud the hard work of the conferees in their careful consideration of the many points covered in this bill, and in crafting legislation to successfully meet the intent of both Houses.

I especially want to thank my good friend, the distinguished gentleman from Massaschusetts [Mr. Frank] whose vision, brilliance and untiring efforts made this bill a reality.

I also want to thank the majority leader, Mr. Foley, for his sponsorship of the bill, and the distinguished and honorable gentleman from New Jersey [Mr. Rodino] the chair of the Committee on the Judiciary. This fine gentleman will shortly be retiring from this body, after a long and distinguished career and we will miss him greatly. This achievement will be marked as another outstanding accomplishment among his long list of achievements in service to this Nation.

Of course, I think Speaker Wright, in his role as the original author and constant supporter of this bill. I also commend Mr. Fish, Mr. Hyde, Mr. Swindall, Mr. Gingrich, Mr. Kemp, Mr. Young, and Mr. Blaz for their support.

I also want to thank the hard-working House and Senate staff members whose patience and determination helped mold this legislation into a well-written and historic bill.

This bill is a tribute to the bravery of those who served in the 100th Batallion, 442d Regimental Combat Team and the Military Intelligence Service during the Second World War.

This legislation touches a deep chord in the hearts of the thousands of loyal Americans whose rights were summarily abrogated many years ago.

But though this is a deeply personal issue for a small number, this legislation touches all of us, because it touches the very core of our Nation. Does our Constitution indeed protect all of us, regardless of race or culture? Do our rights truly remain inalienable, even in times of stress; and especially in times of stress?

The passage of this legislation answers these questions with a resounding yes.

After many years of prayer, struggle, and dreams, now the 100th Congress takes its final action on H.R. 442. I am deeply honored to serve in this body, with fine colleagues such as Mr. Matsui and Mr. Lowry, as it takes the brave step of admitting and redressing a monumental injustice. I am delighted that this legislation has the support of the President.

Today we can again say yes to justice. I urge my colleagues to approve this report.

MR. BONKER. MR. SPEAKER, I AM EXTREMELY PLEASED TO RISE TODAY IN SUPPORT OF THE CONFERENCE REPORT ON H.R. 442, THE CIVIL LIBERTIES ACT OF 1988. AT LONG LAST, OUR NATION STANDS ON THE THRESHOLD OF PROVIDING RESTITUTION FOR ONE OF THE MOST PAINFUL EPISODES IN AMERICAN HISTORY -- THE INTERNMENT OF JAPANESE-AMERICANS DURING WORLD WAR II.

THIS LEGISLATION FINALLY ACKNOWLEDGES THE INJUSTICE THESE U.S. CITIZENS EXPERIENCED AND MAKES A FORMAL APOLOGY TO THEM AND THEIR FAMILIES. IN ADDITION, THE BILL PROVIDES FOR RESTITUTION PAYMENTS AS COMPENSATION TO JAPANESE-AMERICANS AND RESIDENT ALIENS WHO WERE DENIED THEIR CIVIL LIBERTIES 40 YEARS AGO.

CERTAINLY, THE TERRIBLE INJUSTICE TO THESE INNOCENT PEOPLE CAN NEVER BE FULLY UNDONE. FORCING THEM TO GIVE UP THEIR HOMES AND BUSINESSES AND LOCKING THEM UP IN CONCENTRATION-LIKE CAMPS WAS SUCH A FUNDAMENTAL VIOLATION OF CIVIL RIGHTS THAT IT IS NEAR IMPOSSIBLE TO UNDERSTAND HOW IT COULD EVER HAVE BEEN TOLERATED OR HOW THE DAMAGE CAN EVER BE REPAIRED.

MR. SPEAKER, I AM HOPEFUL, THOUGH THAT THE ACTIONS OF THE HOUSE OF REPRESENTATIVES TODAY FOLLOWED SOON BY THE PRESIDENT'S SIGNATURE MAKING IT LAW, WILL NOT ONLY PROVIDING CONSOLATION TO THOSE WHO WERE SO DISGRACEFULLY TREATED BUT WILL ALSO STAND AS A REMINDER TO FUTURE GENERATIONS. WE CAN NEVER AGAIN ALLOW OUR COUNTRY, WHICH WAS FOUNDED ON THE PRINCIPLE OF INDIVIDUAL FREEDOM, TO SACRIFICE THOSE SACRED IDEALS TO THE HYSTERIA OF FEAR AND RACISM.

MR. MILLER OF CALIFORNIA. MR. SPEAKER, I RISE IN SUPPORT OF THE CONFERENCE REPORT ON H.R. 442.

THIS IS LONG OVERDUE LEGISLATION DESIGNED TO ADDRESS THE PERSONAL AND FINANCIAL INJURIES CAUSED BY THE INTERNMENT OF OVER 120,000 AMERICANS OF JAPANESE ANCESTRY DURING MOST OF WORLD WAR II.

SOME ERRONEOUSLY VIEW THIS LEGISLATION AS A GIFT TO INTERNEES. NOTHING COULD BE FURTHER FROM THE TRUTH.

THIS LEGISLATION IS A GIFT FROM THE INTERNEES TO EACH AMERICAN WHO LOVES AND RESPECTS OUR CONSTITUTION. BECAUSE WHAT THIS LEGISLATION SAYS IS THAT WE, IN THE CONGRESS, RECOGNIZE THE ENORMOUS BLUNDER AND DISRESPECT FOR CONSTITUTIONAL LIBERTIES WHICH THE INTERNMENT WAS, AND THAT WE VOW NEVER TO PERMIT IT TO REOCCUR.

THE CONSTITUTION OF THE UNITED STATES GUARANTEES THE RIGHTS OF ALL CITIZENS, INCLUDING JAPANESE/AMERICANS, IN TIMES OF PEACE AS WELL AS DURING TIMES OF WAR. THIS LEGISLATION SENDS A CLEAR MESSAGE TO OUR PEOPLE THAT AS A COUNTRY, WE WILL CONSTANTLY UPHOLD THESE RIGHTS FOR ALL THE RACIAL GROUPS, THE ETHNIC GROUPS AND THE SOCIAL GROUPS WHICH ARE PART OF THIS COUNTRY.

THE INTERNMENT OF JAPANESE-AMERICANS WAS ORDERED AS A RESULT OF THE CONCLUSIONS OF MILITARY LEADERS THAT JAPANESE-AMERICANS -- REGARDLESS HOW LONG THEY HAD LIVED HERE OR THEIR UNQUALIFIED LOYALTY TO AMERICA -- POSED A MILITARY THREAT TO THE UNITED STATES. THAT CONCLUSION WAS NOT BASED ON FACTS; IT WAS NOT BASED ON LAW. IT WAS BASED ON RACISM PURE AND SIMPLE.

IN FACT, DURING THE WAR, NOT A SINGLE PERSON OF JAPANESE DESCENT WAS CONVICTED OF ESPIONAGE. JAPANESE-AMERICANS WERE NO DIFFERENT FROM THE AMERICANS OF GERMAN AND ITALIAN DESCENT WHO HAD COME TO AMERICA SEEKING POLITICAL AND ECONOMIC FREEDOM. YET THEY SUFFERED A FATE FAR MORE CRUEL AND UNJUST THAN ANY OTHER IMMIGRANT GROUP.

I TAKE THIS MATTER VERY PERSONALLY, BECAUSE AMONG THE CHILDREN WITH WHOM I GREW UP THE NORTHERN CALIFORNIA IN THE 1940'S WERE MANY WHOSE PARENTS AND SIBLINGS WERE ASSIGNED TO INTERNMENT CAMPS. MANY OF THESE JAPANESE-AMERICANS OF CONTRA COSTA COUNTY WERE FARMERS AND SMALL BUSINESSPEOPLE WHO LOST THEIR POSSESSIONS BECAUSE OF THE INTERNMENT POLICY.

IN MY DISTRICT ALONE, THE INTERNMENT FORCED 1,200 PEOPLE TO LEAVE THEIR JOBS, FRIENDS, AND POSSESSIONS TO SPEND UP TO 4 YEARS IN PERMANENT RELOCATION CAMPS. ONE OF THOSE CONTRA COSTANS, CHIYEKO TAHIRA, WAS LUCKY ENOUGH TO HAVE CAUCASIAN FRIENDS WITH WHOM SHE HURRIEDLY STORED FAMILY CHINA AND OTHER HEIRLOOMS BEFORE SHE LEFT FOR OVER 3 YEARS INTERNMENT IN TOPAZ, UT. MANY OTHERS WERE NOT SO LUCKY AND RETURNED TO FIND THAT THE BARNS WHERE THEY HAD HIDDEN THEIR BELONGINGS HAD BEEN LOOTED OR BURNED.

BEYOND THE MATERIAL LOSS WAS THE PHYSCHOLOGICAL DAMAGE OF HAVING BEEN SUDDENLY UPROOTED AND LABELED A POTENTIAL TRAITOR. OVER 7,000 OF THE INTERNEES WERE CHILDREN LESS THAN 5 YEARS OLD. THESE CHILDREN WERE SCARED BY THE STRAINS OF OVERCROWDED, IMPOVERISHED LIVING BEHIND CHAIN-LINK FENCES. MOST OF THEM FORTUNATELY SURVIVED THE INTERNMENT EXPERIENCE, RETURNED HOME, AND BEGAN RECONSTRUCTURING THEIR LIVES, BURDENED BY FINANCIAL LOSS AND SOCIAL STIGMA. AND ADMIRABLY, THEY MAINTAINED FAITH IN A COUNTRY THAT HAD BROKEN FAITH WITH THEM.

FORTY YEARS AFTER THAT TRAGIC PERIOD OF AMERICAN HISTORY, IT FALLS TO THIS CONGRESS AND THIS GENERATION OF AMERICA TO MAKE AMENDS FOR THE PAST ERROR. IN AUTHORIZING $20,000 TO EACH SURVIVING INTERNEE, WE MAKE ONLY A SYMBOLIC EFFORT TO COMPENSATE THESE JAPANESE-AMERICANS FOR THEIR YEARS OF HARDSHIP. TWENTY THOUSAND DOLLARS IS NOT A GREAT SUM WHEN WE CONSIDER THAT SETTLEMENTS OF UP TO $10,000 WERE MADE FOR ONLY 1 NIGHT OF FALSE IMPRISONMENT DURING THE VIETNAM PROTESTS OF THE LATE SIXTIES.

I AM PROUD TO BE A COSPONSOR OF THIS LEGISLATION, AND WE AS AMERICANS SHOULD BE PROUD THAT WE HAVE FINALLY THE COURAGE TO CONFRONT THIS UNPLEASANT CHAPTER IN OUR NATION'S HISTORY AND ATTEMPT, HOWEVER SYMBOLICALLY, TO RIGHT THE WRONGS. IN APPROVING THIS CONFERENCE REPORT, WE DO FAR MORE THAN ACKNOWLEDGE OUR DEBT TO THE INTERNED JAPANESE-AMERICAN CITIZENS OF THE 1940'S.

WE REITERATE OUR NATIONAL COMMITMENT TO THE PRIMACY OF OUR CONSTITUTION AND THE RULE OF LAW WHICH CAN BE DIMINISHED NEITHER BY RACIAL DISTINCTIONS OR THE PASSAGE OF TIME. BY ADMITTING TO OUR PAST MISTAKES, WE ARE A BETTER AND MORE UNITED COUNTRY TODAY.

 [*H6314]  IT IS IMPERATIVE THAT WE GIVE THIS CONFERENCE REPORT OUR OVERWHELMING SUPPORT AND NEVER AGAIN ALLOW THE CONSTITUTIONAL RIGHTS OF ANY GROUP OF CITIZENS TO BE SWEPT AWAY BY THE POWERFUL TIDES OF PREJUDICE AND IRRATIONALITY.

MR. LEHMAN OF CALIFORNIA. I JOIN MY COLLEAGUES IN SUPPORT OF THE CONFERENCE REPORT ON H.R. 442, THE CIVIL LIBERTIES ACT, LEGISLATION TO PROVIDE REPARATION TO JAPANESE-AMERICANS AND ALASKAN ALEUTS WHO WERE FORCED INTO RELOCATION CAMPS DURING WORLD WAR II. AS A COSPONSOR OF H.R. 442, I WOULD LIKE TO OFFER MY CONGRATULATIONS TO THE MEMBERS WHO HAVE WORKED SO LONG AND HARD TO PERFECT THIS LONG-AWAITED LEGISLATION.

IT HAS TAKEN US 46 YEARS TO CORRECT THIS TERRIBLE INJUSTICE AGAINST A SMALL GROUP OF PEOPLE, MOST OF WHOM WERE AMERICAN CITIZENS, AND WHOSE ONLY CRIME WAS TO BE OF JAPANESE ANCESTRY. WE HAVE ALL BEEN TOLD MANY TIMES, BY MANY DIFFERENT MEMBERS, AND IN VERY ELOQUENT TERMS DURING THE LENGTHY DEBATE ON THIS LEGISLATION OF THE GRAVE INJUSTICE AND SERIOUS BREACH OF CONSTITUTIONAL RIGHTS THAT WAS COMMITTED AGAINST OVER 110,000 AMERICANS OF JAPANESE ANCESTRY.

WE ARE ALL WELL AWARE OF THE CIRCUMSTANCES WHICH LED UP TO THE ACTIONS BY OUR GOVERNMENT AND THE JUSTIFICATION WHICH WAS GIVEN FOR THE RELOCATION POLICY. WITH THE USUAL HISTORICAL HINDSIGHT, WE NOW KNOW THAT THERE WAS NO MILITARY NECESSITY FOR REMOVING JAPANESE-AMERICANS FROM THE WEST COAST, AND THAT THERE WAS NOT A SINGLE DOCUMENTED ACT OF ESPIONAGE OR SABOTAGE COMMITTED AGAINST THE UNITED STATES GOVERNMENT BY A JAPANESE-AMERICAN.

WE ALL KNOW THAT EXECUTIVE ORDER 9066 GIVING THE SECRETARY OR WAR THE AUTHORITY TO IMPLEMENT THE RELOCATION POLICY WAS THE RESULT OF WAR HYSTERIA, GROSS FAILURE OF POLITICAL LEADERSHIP, AND RACISM, AND IT WAS THE BEGINNING OF ONE OF THE MOST SHAMEFUL CHAPTERS IN THE HISTORY OF THE UNITED STATES.

WE KNOW THAT FOR OVER 110,000 INDIVIDUALS THE ACTION RESULTED IN THE FORFEITURE OF PROPERTY, THE LOSS OF 3 YEARS OF THEIR LIVES REMOVED FROM THE MAINSTREAM OF THE AMERICAN ECONOMY AND SOCIETY, AND THE LOSS OF COUNTLESS AND UNKNOWN OPPORTUNITIES THAT WOULD NEVER COME TO THOSE WHO WERE RELOCATED.

WE ALSO KNOW OF THE SIGNIFICANT CONTRIBUTIONS WHICH JAPANESE-AMERICAN SOLDIERS WERE MAKING IN BOTH THE EUROPEAN AND PACIFIC MILITARY THEATERS. NO ONE COULD QUESTION THE PATRIOTISM AND LOYALTY OF THE AMERICANS WHO FORMED THE FAMOUS 442D REGIMENTAL COMBAT TEAM, WHICH REMAINS AS THE MOST HIGHLY DECORATED UNIT OF ITS SIZE IN UNITED STATES MILITARY HISTORY, NOR THAT OF THE JAPANESE-AMERICANS WHO SERVED IN THE PACIFIC AS INTERPRETERS AND HELPED TO SHORTEN THAT WAR EFFORT.

FINALLY, WE KNOW OF THE TERRIBLE MEMORIES THAT THE SURVIVORS OF THE RELOCATION CAMPS HAVE HAD TO CARRY FOR THE PAST 46 YEARS. THERE HAS BEEN THE SILENT SUFFERING THAT MANY OF THE ISSEI, THE FIRST GENERATION IMMIGRANTS, HAVE HAD TO ENDURE. THERE HAS BEEN THE PERSONAL CONFLICT WHICH THEIR CHILDREN, THE NISEI, HAVE HAD TO OVERCOME IN SPEAKING OUT FORCEFULLY TO ADDRESS THE ISSUE -- THE CONFLICT WHICH GOOD FRIENDS AND COLLEAGUES LIKE NORM MINETA AND BOB MATSUI HAVE SO ELOQUENTLY SHARED WITH US.

MR. SPEAKER, H.R. 442 CANNOT DIMINISH THE TRAGEDY OF THIS UNFORTUNATE EVENT NOR CAN IT WIPE FROM THE MEMORIES OF THE SURVIVORS AND THEIR FAMILIES THE EMOTIONAL SCARS THAT REMAIN.

IT IS, HOWEVER, AN IMPORTANT STEP IN HELPING TO EASE THE PAIN OF THIS SHAMEFUL EPISODE IN THE HISTORY OF THE COUNTRY, AND IT SHOULD SERVE AS A REMINDER OF HOW EASILY MEN AND GOVERNMENTS CAN MAKE WRONG DECISIONS. FINALLY, IT SERVES TO SHOW THE RESPECT WE ALL HAVE FOR THE CONTRIBUTIONS THAT JAPANESE-AMERICANS HAVE MADE TO OUR SOCIETY.

AS A CALIFORNIA NATIVE I AM WELL AWARE OF THE CONTRIBUTIONS WHICH JAPANESE-AMERICANS HAVE MADE TO THE STATE AND NATION AS A WHOLE. I GREW UP IN A SMALL SAN JOAQUIN VALLEY FARM COMMUNITY WHERE THE JAPANESE-AMERICAN FAMILIES FLOURISHED AND WERE JUST AS LARGE A PART OF THE COMMUNITY AS WERE GERMAN-AMERICANS, ITALIAN-AMERICANS, HISPANIC-AMERICANS, AND ARMENIAN-AMERICANS.

H.R. 442 IS A RESPONSIBLE AND JUST BILL, AND IT IS AN APPROPRIATE REFLECTION OF THE SHARED RESPONSIBILITY THAT WE HAVE AS A COMMUNITY AND NATION. WE CAN STAND PROUD IN APPROVING THIS LEGISLATION TODAY.

MR. DAVIS OF ILLINOIS. MR. SPEAKER, WHEN H.R. 442 WAS FIRST BEFORE THE HOUSE ON SEPTEMBER 17, 1987, I CONSIDERED THE REACTION THAT WE MIGHT BE FACING IF THE SAME TERRIBLE EVENTS THAT WERE PERPETRATED ON THE NISEI JAPANESE-AMERICANS IN 1941 WERE VISITED UPON THE IRISH, DUTCH, ITALIANS, AND OTHER ETHNIC GROUPS AND I CONCLUDED THE HUE AND CRY WOULD BE GREAT AND THAT THIS BILL WOULD HAVE SAILED RIGHT THROUGH CONGRESS.

I CONSEQUENTLY VOTED "YES" AND SINCE THAT TIME HAVE HAD TIME TO FURTHER REVIEW THAT VOTE AND TO CONSIDER A CONSIDERABLE AMOUNT OF MAIL OBJECTING TO THAT VOTE. I HAVE NOW REACHED THE CONCLUSION WHILE I STILL DEPLORE THAT BLACK DAY IN AMERICAN HISTORY I HAVE ALSO FURTHER CONSIDERED THAT UNTIL THE UNITED STATES GOVERNMENT COMES TO GRIPS WITH ITS PAST POLICIES AND TREATMENT OF AMERICAN INDIANS, BLACKS, AND OTHER ETHNIC AND LEGALLY DEPRIVED MINORITIES IT IS NOT FAIR TO START WITH THE JAPANESE-AMERICANS BUT RATHER IN SOME HISTORICAL SEQUENCE.

I AM ALSO MINDFUL THAT THE TERM "REPRESENTATIVE" MEANS TO REPRESENT AND WHILE NO ONE HAS SOUGHT MY "YES" VOTE ON THIS BILL A LARGE NUMBER OF CONSTITUENTS PHONED, WROTE, AND VERBALLY COMMUNICATED THEIR OPPOSITION TO THIS MEASURE.

I THEREFORE HAVE DECIDED TO REVERSE MYSELF AND VOTE "NO" ON THE CONFERENCE COMMITTEE REPORT ON H.R. 442.

MS. PELOSI. MR. SPEAKER, AMERICANS OF JAPANESE ANCESTRY HAVE SUFFERED ENOUGH. FOR 45 YEARS, JAPANESE-AMERICANS HAVE SOUGHT REDRESS FOR THE INJUSTICE OF THEIR INTERNMENT. IT IS TIME THAT WE ACT TO RECTIFY THAT INJUSTICE BY PASSING THE CONFERENCE REPORT ON H.R. 442 AND SENDING IT ON TO THE PRESIDENT.

SOLELY BECAUSE OF THEIR JAPANESE ANCESTRY AND HERITAGE, 120,000 LOYAL AMERICANS WERE FORCED TO LEAVE THEIR HOMES TO GO TO GOVERNMENT INTERNMENT CAMPS DURING WORLD WAR II. THEY LOST THEIR HOUSES, THEIR FARMS, THEIR BUSINESSES, AND THEIR DIGNITY. THE STRESS EXPERIENCED BY INDIVIDUALS AND FAMILIES CAUSED UNTOLD DAMAGE TO THESE AMERICANS. IT IS UP TO THIS NATION TO ENSURE THAT THESE LOSSES ARE ADEQUATELY REDRESSED.

NO PIECE OF LEGISLATION CAN REPAY THE LOSSES AND THE HARM CAUSED BY THIS RELOCATION. HOWEVER, BY PROVIDING COMPENSATION AND A FORMAL NATIONAL APOLOGY, THIS BILL TAKES IMPORTANT STEPS IN THAT DIRECTION.

MR. SPEAKER, THIS COUNTRY WAS FOUNDED ON THE PRINCIPLE THAT CIVIL AND CONSTITUTIONAL RIGHTS ARE NOT THE PRIVILEGE OF A FEW, BUT A GUARANTEE TO ALL CITIZENS. OUR JUDICIAL SYSTEM WAS ESTABLISHED TO PROTECT THOSE RIGHTS; TO GUARD AGAINST THE TYRANNY OF THE MAJORITY. DURING WORLD WAR II, WE FAILED IN THAT VIGILANCE AND TYRANNY ENSUED. THE VICTIMS WERE PRODUCTIVE, PATRIOTIC AMERICANS OF JAPANESE ANCESTRY.

IN COMPENSATING THESE VICTIMS OF OUR INHUMANITY, WE WILL REAFFIRM OUR DEDICATION TO THE PRINCIPLES ON WHICH THIS NATION WAS FOUNDED. LET US LEARN FROM PAST MISTAKES SO THAT LOYAL AMERICANS WILL NEVER AGAIN SUFFER THE INDIGNITY OF FORCED INTERNMENT. I URGE MY COLLEAGUES TO PASS THIS CONFERENCE REPORT AND TO SEE THAT JUSTICE IS DONE.

AT THIS TIME, I WOULD LIKE TO MAKE SPECIAL REFERENCE TO THE PEOPLE IN MY DISTRICT OF SAN FRANCISCO WHO HAVE WORKED SO HARD FOR THE PASSAGE OF THIS REPORT.

I AM PROUD TO REPRESENT A DISTRICT IN WHICH I WORK CLOSELY WITH MANY JAPANESE-AMERICAN LEADERS -- SURVIVORS OF THE CAMPS AND THEIR SONS AND DAUGHTERS WHO, DESPITE THE RACISM AND ADVERSITY THEY ENDURED, CONTINUE TO EXPRESS A FIRM COMMITMENT TO CONSTITUTIONAL PRINCIPLES.

I AM ALSO PROUD TO REPRESENT CITIZENS WHO HAVE SUCCESSFULLY LED THE CORAM NOBIS EFFORTS TO OVERTURN THE KOREMATSU, HIRABAYSHI, AND YASUI CASES. THEY HAVE PROVEN THAT PATRIOTISM, COMMITMENT TO DEMOCRACY, AND A BELIEF IN A FREE SOCIETY ARE NOT DETERMINED BY RACE OR ETHNIC ORIGIN, BUT ARE HELD WITHIN THE HEART, THE MIND, AND THE SOUL.

Mr. FRANK. Mr. Speaker, I move the previous question on the conference report.

The previous question was ordered.

The SPEAKER pro tempore (Mr. Murtha). The question is on the conference report.

The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it.

Mr. FRENZEL. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

The SPEAKER pro tempore. Evidently a quorum is not present.

The Sergeant at Arms will notify absent Members.

The vote was taken by electronic device, and there were -- yeas 257, nays 156, not voting 18.