House of Reps. Bill

              84th Congress
1st Session H.Ro 7763
IN'THE HOUSE OF REPRESENTATIVES
"3uiy30, 1955
Mr. LANE (by request) introduced the following bill; whiefiiiras referred to the
'■■■'■■■'- Committee on the Judiciary ';
A   BILL
j? .:   To amend the Japanese-American Evacuation Claims Act of 1948, as' amended, to expedite
the final determination of the claims, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the Act of July 2, 1948 (62 Stat. 1231), as amended,
is further amended as follows: -'*"'""*
That section 1 of the Act, as amended, is amended to read as follows:
"SECTION 1. (a) The Attorney General shall have jurisdiction to compromise and
settle and make an award 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)y: that is."a
reasonable and natural consequence of the evacuation or exclusion of any person'of; ;
Japanese ancestry 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. 109.2), 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—•
"(l) 'Evacuation' shall include voluntary departure from a military area prior to
but in anticipation of an order of exclusion therefrom,
"(2) 'Claim by "a person of Japanese ancestry? shall include claims timeiy filed by
corporations, partnerships, associations, societies, and other organizations,, profit and .
nonprofit, the majority,-of whose stock was owned by, or the majority of whose stockholders or members on December 7, 1941, were, persons of Japanese ancestry.. The legal
entity of the organization shall be disregarded, if necessary, to do' equity and justice
in achieving the purposes of this Act, including the payment of any award directly to the
stockholders or members of Japanese ancestry. Such claims shall not be barred by awards,
or disallowances heretofore made. " J
"(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). 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 awstrd or disallowance made
prior to this amendment. :''
"(4) 'Damage to or loss of real or personal property', notwithstanding the limitations
provided by section 2 (b) (5) hereof, shall hereafter include business expenses or expenditures actually incurred by claimants that would not have been incurred.but for the ..
evacuation or exclusion of persons of Japanese ancestry], including management expenses
and conservation costs actually paid.        :  ,.
"(5) 'Damage to or loss of real or personal property', notwithstanding the limitations provided by section 2 (b) (5) hereof, shall include"loss of reasonably ascertainable
fair rental value when included in claims timely filed.
"(6) 'Damage to or loss of real or personal property', notwithstanding the limitations provided by section 2 (b) (5) hereof, shall include loss of reasonably ascertainable
crop losses, including perennial crops, measured by the market value of the particular
claimant's crops at the time of maturity and marketing less the estimated cost of producing and marketing the crops."