,i #aaith ,,congress #ast ,session ,h4 ,r4 #hba ,,in ,,the ,,house ,,of ,,representatives ,january #bh1 #bjbe,mr4 ,takano 7for himself1 ,mr4 ,fong1 ,ms4 ,tokuda1 ,ms4 ,maloy1 ,ms4 ,matsui1 and ,mrs4 ,kim7 introduced the following bill2 which was referred to the ,committee on ,financial ,services1 and in addition to the ,committee on ,house ,administration1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to award posthumously a ,congressional ,gold ,medal to ,fred ,korematsu1 in recognition of his contributions to civil rights1 his loyalty and patriotism to the ,nation1 and his dedication to justice and equality4 #a4 ,short title ,this ,act may be cited as the ,fred ,korematsu ,congressional ,gold ,medal ,act of #bjbe4 #b4 ,findings ,the ,congress finds the following3 7#a7 ,on ,january #cj1 #aiai1 ,fred ,toyosaburo ,korematsu was born in ,oakland1 ,california1 to ,japanese immigrants4 7#b7 ,fred ,korematsu graduated from ,castlemont ,high ,school in #aicg and attempted to enlist in the military twice but was unable to do so because his selective service classification was changed to enemy alien1 even though ,fred ,korematsu was a ,united ,states citizen4 7#c7 ,fred ,korematsu trained as a welder and worked as a foreman at the docks in ,oakland until the date on which he and all ,japanese ,americans were fired4 7#d7 ,on ,december #g1 #aida1 ,japan attacked the military base in ,pearl ,harbor1 ,hawaii1 causing the ,united ,states to declare war against ,japan4 7#e7 ,on ,february #ai1 #aidb1 ,president ,franklin ,d4 ,roosevelt signed ,executive ,order #ijff 7#g ,fed4 ,reg4 #adjg 7,february #be1 #aidb771 which authorized the ,secretary of ,war to prescribe military areas-- 7,a7 from which any or all people could be excluded2 and 7,b7 with respect to which1 the right of any person to enter1 remain in1 or leave would be subject to any restriction the ,military ,commander imposed in his discretion4 7#f7 ,on ,may #c1 #aidb1 the ,lieutenant ,general of the ,western ,command of the ,army issued ,civilian ,exclusion ,order #cd 7,may #c1 #aidb7 7referred to in this preamble as the ,civilian ,exclusion ,order7 directing that all people of ,japanese ancestry be removed from designated areas of the ,west ,coast after ,may #i1 #aidb1 because people of ,japanese ancestry in the designated areas were considered to pose a threat to national security4 7#g7 ,fred ,korematsu refused to comply with the ,civilian ,exclusion ,order and was arrested on ,may #cj1 #aidb4 7#h7 ,after his arrest1 ,fred ,korematsu-- 7,a7 was held for #b months in the ,presidio stockade in ,san ,francisco1 ,california2 7,b7 was convicted on ,september #h1 #aidb1 of violating the ,civilian ,exclusion ,order and sentenced to #e years of probation2 and 7,c7 was detained at ,tanforan ,assembly ,center1 a former horse racetrack used as a holding facility for ,japanese ,americans before he was exiled with his family to the ,topaz incarceration camp in the ,state of ,utah4 7#i7 ,more than #abj1jjj ,japanese ,americans were similarly detained1 with no charges brought and without due process1 in #aj permanent ,war ,relocation ,authority camps located in isolated desert areas of the ,states of ,arizona1 ,arkansas1 ,california1 ,colorado1 ,idaho1 ,utah1 and ,wyoming4 7#aj7 ,the people of the ,united ,states subject to the ,civilian ,exclusion ,order lost their homes1 livelihoods1 and the freedoms guaranteed to all people of the ,united ,states4 7#aa7 ,fred ,korematsu unsuccessfully challenged the ,civilian ,exclusion ,order as it applied to him and appealed the decision of the ,united ,states ,district ,court to the ,united ,states ,court of ,appeals for the ,ninth ,circuit1 which sustained his conviction4 7#ab7 ,fred ,korematsu was subsequently confined with his family in the incarceration camp in ,topaz1 ,utah1 for #b years1 and during that time1 ,fred ,korematsu appealed his conviction to the ,supreme ,court of the ,united ,states4 7#ac7 ,on ,december #ah1 #aidd1 the ,supreme ,court of the ,united ,states issued ,korematsu v4 ,united ,states1 #cbc ,u4,s4 #bad 7#aidd71 which-- 7,a7 upheld the conviction of ,fred ,korematsu by a vote of #f to #c2 and 7,b7 concluded that ,fred ,korematsu was removed from his home not based on hostility toward him or other ,japanese ,americans but because the ,united ,states was at war with ,japan and the military feared a ,japanese invasion of the ,west ,coast4 7#ad7 ,in his dissenting opinion in ,korematsu v4 ,united ,states1 #cbc ,u4,s4 #bad 7#aidd71 ,justice ,frank ,murphy called the ,civilian ,exclusion ,order the legalization of racism4 7#ae7 ,two other ,supreme ,court ,justices dissented from the majority decision in ,korematsu v4 ,united ,states1 including ,justice ,robert ,h4 ,jackson who described the validation of the principle of racial discrimination as a loaded weapon1 ready for the hand of any authority that can bring forward a plausible claim of an urgent need4 7#af7 ,fred ,korematsu continued to maintain his innocence for decades following ,world ,war ,,ii1 and his conviction hampered his ability to gain employment4 7#ag7 ,in #aihb1 legal historian ,peter ,irons and researcher ,aiko ,yoshinaga-,herzig gained access to ,government documents under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 that indicate that while the case of ,fred ,korematsu was before the ,supreme ,court of the ,united ,states1 the ,federal ,government misled the ,supreme ,court of the ,united ,states and suppressed findings that ,japanese ,americans on the ,west ,coast were not security threats4 7#ah7 ,in light of the newly discovered information1 ,fred ,korematsu filed a writ of error coram nobis with the ,united ,states ,district ,court for the ,northern ,district of ,california1 and on ,november #aj1 #aihc1 ,united ,states ,district ,judge ,marilyn ,hall ,patel issued her decision in ,korematsu v4 ,united ,states1 #ehd ,f4 ,supp4 #adjf 7,n4,d4 ,cal4 #aihd71 that-- 7,a7 overturned the ,federal conviction of ,fred ,korematsu2 7,b7 concluded that1 at the time that senior ,government officials presented their case before the ,supreme ,court of the ,united ,states in #aidd1 the senior ,government officials knew there was no factual basis for the claim of military necessity for the ,civil ,exclusion ,order2 7,c7 acknowledged that the government knowingly withheld information from the courts when they were considering the critical question of military necessity in the original case2 7,d7 recognized that there is substantial support in the record that the government deliberately omitted relevant information and provided misleading information in papers before the court4 ,the information was critical to the court's determination2 and 7,e7 stated that although the decision of the ,supreme ,court of the ,united ,states in ,korematsu v4 ,united ,states1 #cbc ,u4,s4 #bad 7#aidd71 remains on the pages of ,united ,states legal and political history1 as historical precedent it stands as a constant caution that in times of war or declared military necessity our institutions must be vigilant in protecting constitutional guarantees4 7#ai7 ,the ,commission on ,wartime ,relocation and ,internment of ,civilians1 authorized by ,congress in #aihj to review the facts and circumstances surrounding the relocation and incarceration of ,japanese ,americans under ,executive ,order #ijff 7#g ,fed4 ,reg4 #adjg 7,february #be1 #aidb771 concluded that-- 7,a7 the decision of the ,supreme ,court of the ,united ,states in ,korematsu v4 ,united ,states1 #cbc ,u4,s4 #bad 7#aidd71 is overruled by the court of history2 7,b7 a grave personal injustice was done to the ,united ,states citizens and resident aliens of ,japanese ancestry who1 without individual review or any probative evidence against them1 were excluded1 removed1 and detained by the ,united ,states during ,world ,war ,,ii2 and 7,c7 the exclusion1 removal1 and detention of ,united ,states citizens and resident aliens of ,japanese ancestry was motivated largely by racial prejudice1 wartime hysteria1 and a failure of political leadership4 7#bj7 ,the overturning of the conviction of ,fred ,korematsu and the findings of the ,commission on ,wartime ,relocation and ,internment of ,civilians influenced the decision by ,congress to pass the ,civil ,liberties ,act of #aihh 7#ej ,u4,s4,c4 #dbaa et seq47 to request a ,presidential apology and the symbolic payment of compensation to people of ,japanese ancestry who lost liberty or property due to discriminatory actions of the ,federal ,government4 7#ba7 ,on ,august #aj1 #aihh1 ,president ,reagan signed the ,civil ,liberties ,act of #aihh 7#ej ,u4,s4,c4 #dbaa et seq471 stating1 ,here we admit a wrong2 here we reaffirm our commitment as a nation to equal justice under the law44 7#bb7 ,on ,january #ae1 #aiih1 ,president ,clinton awarded the ,presidential ,medal of ,freedom1 the highest civilian award of the ,united ,states1 to ,fred ,korematsu1 stating1 in the long history of our country's constant search for justice1 some names of ordinary citizens stand for millions of souls3 ,plessy1 ,brown1 ,parks4 ,to that distinguished list1 today we add the name of ,fred ,korematsu44 7#bc7 ,fred ,korematsu remained a tireless advocate for civil liberties and justice throughout his life by-- 7,a7 speaking out against racial discrimination and violence2 and 7,b7 cautioning the ,federal ,government against repeating mistakes of the past that singled out individuals for heightened scrutiny on the basis of race1 ethnicity1 nationality1 or religion4 7#bd7 ,on ,march #cj1 #bjje1 ,fred ,korematsu died at the age of #hf in ,marin ,county1 ,california4 7#be7 ,fred ,korematsu is a role model for all people of the ,united ,states who love the ,united ,states and the promises contained in the ,constitution of the ,united ,states1 and the strength and perseverance of ,fred ,korematsu serve as an inspiration for all people who strive for equality and justice4 #c4 ,congressional gold medal 7a7 ,presentation ,authorized ,the ,speaker of the ,house of ,representatives and the ,president pro tempore of the ,senate shall make appropriate arrangements for the posthumous presentation1 on behalf of ,congress1 of a gold medal of appropriate design in commemoration to ,fred ,korematsu1 in recognition of his contributions to civil rights1 his loyalty and patriotism to the ,nation1 and his dedication to justice and equality4 7b7 ,design and ,striking ,for the purposes of the presentation referred to in subsection 7a71 the ,secretary of the ,treasury 7referred to in this ,act as the ,secretary7 shall strike a gold medal with suitable emblems1 devices1 and inscriptions to be determined by the ,secretary4 ,the design shall bear an image of1 and inscription of the name of1 ,fred ,korematsu4 7c7 ,smithsonian ,institution 7#a7 ,in general ,following the award of the gold medal under subsection 7a71 the gold medal shall be given to the ,smithsonian ,institution1 where it shall be available for display as appropriate and made available for research4 7#b7 ,sense of ,congress ,it is the sense of ,congress that the ,smithsonian ,institution should make the gold medal awarded pursuant to this ,act available for display elsewhere1 particularly at the ,national ,portrait ,gallery1 and that preference should be given to locations affiliated with the ,smithsonian ,institution4 #d4 ,duplicate medals ,the ,secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section #c1 at a price sufficient to cover the cost thereof1 including labor1 materials1 dies1 use of machinery1 and overhead expenses4 #e4 ,status of medals 7a7 ,national medals ,the medals struck pursuant to this ,act are national medals for purposes of chapter #ea of title #ca1 ,united ,states ,code4 7b7 ,numismatic ,items ,for purposes of sections #eacd and #eacf of title #c1 ,united ,states ,code1 all medals struck under this ,act shall be considered to be numismatic items4 #f4 ,authority to use fund amounts2 proceeds of sale 7a7 ,authority ,to use fund amounts ,there is authorized to be charged against the ,united ,states ,mint ,public ,enterprise ,fund such amounts as may be necessary to pay for the costs of the medals struck under this ,act4 7b7 ,proceeds of sale ,amounts received from the sale of duplicate bronze medals authorized under section #d shall be deposited into the ,united ,states ,mint ,public ,enterprise ,fund4