| 1 | 1 | | I |
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| 2 | 2 | | 119THCONGRESS |
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| 3 | 3 | | 1 |
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| 4 | 4 | | STSESSION H. R. 821 |
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| 5 | 5 | | To award posthumously a Congressional Gold Medal to Fred Korematsu, |
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| 6 | 6 | | in recognition of his contributions to civil rights, his loyalty and patriot- |
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| 7 | 7 | | ism to the Nation, and his dedication to justice and equality. |
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| 8 | 8 | | IN THE HOUSE OF REPRESENTATIVES |
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| 9 | 9 | | JANUARY28, 2025 |
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| 10 | 10 | | Mr. T |
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| 11 | 11 | | AKANO(for himself, Mr. FONG, Ms. TOKUDA, Ms. MALOY, Ms. MATSUI, |
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| 12 | 12 | | and Mrs. K |
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| 13 | 13 | | IM) introduced the following bill; which was referred to the |
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| 14 | 14 | | Committee on Financial Services, and in addition to the Committee on |
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| 15 | 15 | | House Administration, for a period to be subsequently determined by the |
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| 16 | 16 | | Speaker, in each case for consideration of such provisions as fall within |
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| 17 | 17 | | the jurisdiction of the committee concerned |
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| 18 | 18 | | A BILL |
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| 19 | 19 | | To award posthumously a Congressional Gold Medal to Fred |
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| 20 | 20 | | Korematsu, in recognition of his contributions to civil |
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| 21 | 21 | | rights, his loyalty and patriotism to the Nation, and |
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| 22 | 22 | | his dedication to justice and equality. |
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| 23 | 23 | | Be it enacted by the Senate and House of Representa-1 |
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| 24 | 24 | | tives of the United States of America in Congress assembled, 2 |
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| 25 | 25 | | SECTION 1. SHORT TITLE. 3 |
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| 26 | 26 | | This Act may be cited as the ‘‘Fred Korematsu Con-4 |
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| 27 | 27 | | gressional Gold Medal Act of 2025’’. 5 |
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| 30 | 30 | | •HR 821 IH |
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| 31 | 31 | | SEC. 2. FINDINGS. 1 |
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| 32 | 32 | | The Congress finds the following: 2 |
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| 33 | 33 | | (1) On January 30, 1919, Fred Toyosaburo 3 |
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| 34 | 34 | | Korematsu was born in Oakland, California, to Jap-4 |
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| 35 | 35 | | anese immigrants. 5 |
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| 36 | 36 | | (2) Fred Korematsu graduated from 6 |
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| 37 | 37 | | Castlemont High School in 1937 and attempted to 7 |
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| 38 | 38 | | enlist in the military twice but was unable to do so 8 |
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| 39 | 39 | | because his selective service classification was 9 |
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| 40 | 40 | | changed to enemy alien, even though Fred 10 |
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| 41 | 41 | | Korematsu was a United States citizen. 11 |
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| 42 | 42 | | (3) Fred Korematsu trained as a welder and 12 |
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| 43 | 43 | | worked as a foreman at the docks in Oakland until 13 |
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| 44 | 44 | | the date on which he and all Japanese Americans 14 |
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| 45 | 45 | | were fired. 15 |
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| 46 | 46 | | (4) On December 7, 1941, Japan attacked the 16 |
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| 47 | 47 | | military base in Pearl Harbor, Hawaii, causing the 17 |
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| 48 | 48 | | United States to declare war against Japan. 18 |
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| 49 | 49 | | (5) On February 19, 1942, President Franklin 19 |
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| 50 | 50 | | D. Roosevelt signed Executive Order 9066 (7 Fed. 20 |
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| 51 | 51 | | Reg. 1407 (February 25, 1942)), which authorized 21 |
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| 52 | 52 | | the Secretary of War to prescribe military areas— 22 |
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| 53 | 53 | | (A) from which any or all people could be 23 |
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| 54 | 54 | | excluded; and 24 |
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| 55 | 55 | | (B) with respect to which, the right of any 25 |
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| 56 | 56 | | person to enter, remain in, or leave would be 26 |
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| 58 | 58 | | ssavage on LAPJG3WLY3PROD with BILLS 3 |
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| 59 | 59 | | •HR 821 IH |
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| 60 | 60 | | subject to any restriction the Military Com-1 |
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| 61 | 61 | | mander imposed in his discretion. 2 |
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| 62 | 62 | | (6) On May 3, 1942, the Lieutenant General of 3 |
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| 63 | 63 | | the Western Command of the Army issued Civilian 4 |
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| 64 | 64 | | Exclusion Order 34 (May 3, 1942) (referred to in 5 |
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| 65 | 65 | | this preamble as the ‘‘Civilian Exclusion Order’’) di-6 |
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| 66 | 66 | | recting that all people of Japanese ancestry be re-7 |
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| 67 | 67 | | moved from designated areas of the West Coast 8 |
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| 68 | 68 | | after May 9, 1942, because people of Japanese an-9 |
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| 69 | 69 | | cestry in the designated areas were considered to 10 |
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| 70 | 70 | | pose a threat to national security. 11 |
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| 71 | 71 | | (7) Fred Korematsu refused to comply with the 12 |
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| 72 | 72 | | Civilian Exclusion Order and was arrested on May 13 |
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| 73 | 73 | | 30, 1942. 14 |
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| 74 | 74 | | (8) After his arrest, Fred Korematsu— 15 |
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| 75 | 75 | | (A) was held for 2 |
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| 76 | 76 | | 1 |
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| 77 | 77 | | ⁄2months in the Pre-16 |
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| 78 | 78 | | sidio stockade in San Francisco, California; 17 |
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| 79 | 79 | | (B) was convicted on September 8, 1942, 18 |
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| 80 | 80 | | of violating the Civilian Exclusion Order and 19 |
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| 81 | 81 | | sentenced to 5 years of probation; and 20 |
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| 82 | 82 | | (C) was detained at Tanforan Assembly 21 |
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| 83 | 83 | | Center, a former horse racetrack used as a 22 |
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| 84 | 84 | | holding facility for Japanese Americans before 23 |
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| 85 | 85 | | he was exiled with his family to the Topaz in-24 |
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| 86 | 86 | | carceration camp in the State of Utah. 25 |
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| 90 | 90 | | (9) More than 120,000 Japanese Americans 1 |
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| 91 | 91 | | were similarly detained, with no charges brought and 2 |
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| 92 | 92 | | without due process, in 10 permanent War Reloca-3 |
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| 93 | 93 | | tion Authority camps located in isolated desert areas 4 |
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| 94 | 94 | | of the States of Arizona, Arkansas, California, Colo-5 |
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| 95 | 95 | | rado, Idaho, Utah, and Wyoming. 6 |
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| 96 | 96 | | (10) The people of the United States subject to 7 |
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| 97 | 97 | | the Civilian Exclusion Order lost their homes, liveli-8 |
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| 98 | 98 | | hoods, and the freedoms guaranteed to all people of 9 |
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| 99 | 99 | | the United States. 10 |
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| 100 | 100 | | (11) Fred Korematsu unsuccessfully challenged 11 |
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| 101 | 101 | | the Civilian Exclusion Order as it applied to him 12 |
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| 102 | 102 | | and appealed the decision of the United States Dis-13 |
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| 103 | 103 | | trict Court to the United States Court of Appeals 14 |
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| 104 | 104 | | for the Ninth Circuit, which sustained his conviction. 15 |
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| 105 | 105 | | (12) Fred Korematsu was subsequently con-16 |
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| 106 | 106 | | fined with his family in the incarceration camp in 17 |
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| 107 | 107 | | Topaz, Utah, for 2 years, and during that time, 18 |
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| 108 | 108 | | Fred Korematsu appealed his conviction to the Su-19 |
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| 109 | 109 | | preme Court of the United States. 20 |
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| 110 | 110 | | (13) On December 18, 1944, the Supreme 21 |
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| 111 | 111 | | Court of the United States issued Korematsu v. 22 |
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| 112 | 112 | | United States, 323 U.S. 214 (1944), which— 23 |
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| 113 | 113 | | (A) upheld the conviction of Fred 24 |
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| 114 | 114 | | Korematsu by a vote of 6 to 3; and 25 |
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| 118 | 118 | | (B) concluded that Fred Korematsu was 1 |
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| 119 | 119 | | removed from his home not based on hostility 2 |
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| 120 | 120 | | toward him or other Japanese Americans but 3 |
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| 121 | 121 | | because the United States was at war with 4 |
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| 122 | 122 | | Japan and the military feared a Japanese inva-5 |
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| 123 | 123 | | sion of the West Coast. 6 |
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| 124 | 124 | | (14) In his dissenting opinion in Korematsu v. 7 |
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| 125 | 125 | | United States, 323 U.S. 214 (1944), Justice Frank 8 |
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| 126 | 126 | | Murphy called the Civilian Exclusion Order the ‘‘le-9 |
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| 127 | 127 | | galization of racism’’. 10 |
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| 128 | 128 | | (15) Two other Supreme Court Justices dis-11 |
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| 129 | 129 | | sented from the majority decision in Korematsu v. 12 |
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| 130 | 130 | | United States, including Justice Robert H. Jackson 13 |
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| 131 | 131 | | who described the validation of the principle of racial 14 |
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| 132 | 132 | | discrimination as a ‘‘loaded weapon, ready for the 15 |
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| 133 | 133 | | hand of any authority that can bring forward a 16 |
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| 134 | 134 | | plausible claim of an urgent need’’. 17 |
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| 135 | 135 | | (16) Fred Korematsu continued to maintain his 18 |
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| 136 | 136 | | innocence for decades following World War II, and 19 |
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| 137 | 137 | | his conviction hampered his ability to gain employ-20 |
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| 138 | 138 | | ment. 21 |
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| 139 | 139 | | (17) In 1982, legal historian Peter Irons and 22 |
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| 140 | 140 | | researcher Aiko Yoshinaga-Herzig gained access to 23 |
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| 141 | 141 | | Government documents under section 552 of title 5, 24 |
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| 142 | 142 | | United States Code (commonly known as the ‘‘Free-25 |
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| 146 | 146 | | dom of Information Act’’), that indicate that while 1 |
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| 147 | 147 | | the case of Fred Korematsu was before the Supreme 2 |
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| 148 | 148 | | Court of the United States, the Federal Government 3 |
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| 149 | 149 | | misled the Supreme Court of the United States and 4 |
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| 150 | 150 | | suppressed findings that Japanese Americans on the 5 |
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| 151 | 151 | | West Coast were not security threats. 6 |
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| 152 | 152 | | (18) In light of the newly discovered informa-7 |
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| 153 | 153 | | tion, Fred Korematsu filed a writ of error coram 8 |
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| 154 | 154 | | nobis with the United States District Court for the 9 |
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| 155 | 155 | | Northern District of California, and on November 10 |
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| 156 | 156 | | 10, 1983, United States District Judge Marilyn Hall 11 |
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| 157 | 157 | | Patel issued her decision in Korematsu v. United 12 |
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| 158 | 158 | | States, 584 F. Supp. 1406 (N.D. Cal. 1984), that— 13 |
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| 159 | 159 | | (A) overturned the Federal conviction of 14 |
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| 160 | 160 | | Fred Korematsu; 15 |
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| 161 | 161 | | (B) concluded that, at the time that senior 16 |
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| 162 | 162 | | Government officials presented their case before 17 |
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| 163 | 163 | | the Supreme Court of the United States in 18 |
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| 164 | 164 | | 1944, the senior Government officials knew 19 |
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| 165 | 165 | | there was no factual basis for the claim of mili-20 |
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| 166 | 166 | | tary necessity for the Civil Exclusion Order; 21 |
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| 167 | 167 | | (C) acknowledged that ‘‘the government 22 |
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| 168 | 168 | | knowingly withheld information from the courts 23 |
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| 169 | 169 | | when they were considering the critical question 24 |
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| 170 | 170 | | of military necessity’’ in the original case; 25 |
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| 174 | 174 | | (D) recognized that ‘‘there is substantial 1 |
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| 175 | 175 | | support in the record that the government de-2 |
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| 176 | 176 | | liberately omitted relevant information and pro-3 |
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| 177 | 177 | | vided misleading information in papers before 4 |
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| 178 | 178 | | the court. The information was critical to the 5 |
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| 179 | 179 | | court’s determination’’; and 6 |
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| 180 | 180 | | (E) stated that although the decision of 7 |
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| 181 | 181 | | the Supreme Court of the United States in 8 |
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| 182 | 182 | | Korematsu v. United States, 323 U.S. 214 9 |
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| 183 | 183 | | (1944), remains on the pages of United States 10 |
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| 184 | 184 | | legal and political history, ‘‘[a]s historical 11 |
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| 185 | 185 | | precedent it stands as a constant caution that 12 |
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| 186 | 186 | | in times of war or declared military necessity 13 |
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| 187 | 187 | | our institutions must be vigilant in protecting 14 |
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| 188 | 188 | | constitutional guarantees’’. 15 |
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| 189 | 189 | | (19) The Commission on Wartime Relocation 16 |
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| 190 | 190 | | and Internment of Civilians, authorized by Congress 17 |
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| 191 | 191 | | in 1980 to review the facts and circumstances sur-18 |
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| 192 | 192 | | rounding the relocation and incarceration of Japa-19 |
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| 193 | 193 | | nese Americans under Executive Order 9066 (7 Fed. 20 |
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| 194 | 194 | | Reg. 1407 (February 25, 1942)), concluded that— 21 |
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| 195 | 195 | | (A) the decision of the Supreme Court of 22 |
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| 196 | 196 | | the United States in Korematsu v. United 23 |
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| 197 | 197 | | States, 323 U.S. 214 (1944), is overruled by 24 |
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| 198 | 198 | | the court of history; 25 |
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| 202 | 202 | | (B) a grave personal injustice was done to 1 |
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| 203 | 203 | | the United States citizens and resident aliens of 2 |
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| 204 | 204 | | Japanese ancestry who, without individual re-3 |
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| 205 | 205 | | view or any probative evidence against them, 4 |
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| 206 | 206 | | were excluded, removed, and detained by the 5 |
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| 207 | 207 | | United States during World War II; and 6 |
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| 208 | 208 | | (C) the exclusion, removal, and detention 7 |
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| 209 | 209 | | of United States citizens and resident aliens of 8 |
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| 210 | 210 | | Japanese ancestry was motivated largely by 9 |
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| 211 | 211 | | ‘‘racial prejudice, wartime hysteria, and a fail-10 |
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| 212 | 212 | | ure of political leadership’’. 11 |
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| 213 | 213 | | (20) The overturning of the conviction of Fred 12 |
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| 214 | 214 | | Korematsu and the findings of the Commission on 13 |
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| 215 | 215 | | Wartime Relocation and Internment of Civilians in-14 |
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| 216 | 216 | | fluenced the decision by Congress to pass the Civil 15 |
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| 217 | 217 | | Liberties Act of 1988 (50 U.S.C. 4211 et seq.) to 16 |
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| 218 | 218 | | request a Presidential apology and the symbolic pay-17 |
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| 219 | 219 | | ment of compensation to people of Japanese ances-18 |
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| 220 | 220 | | try who lost liberty or property due to discriminatory 19 |
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| 221 | 221 | | actions of the Federal Government. 20 |
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| 222 | 222 | | (21) On August 10, 1988, President Reagan 21 |
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| 223 | 223 | | signed the Civil Liberties Act of 1988 (50 U.S.C. 22 |
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| 224 | 224 | | 4211 et seq.), stating, ‘‘[H]ere we admit a wrong; 23 |
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| 225 | 225 | | here we reaffirm our commitment as a nation to 24 |
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| 226 | 226 | | equal justice under the law.’’. 25 |
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| 230 | 230 | | (22) On January 15, 1998, President Clinton 1 |
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| 231 | 231 | | awarded the Presidential Medal of Freedom, the 2 |
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| 232 | 232 | | highest civilian award of the United States, to Fred 3 |
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| 233 | 233 | | Korematsu, stating, ‘‘[i]n the long history of our 4 |
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| 234 | 234 | | country’s constant search for justice, some names of 5 |
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| 235 | 235 | | ordinary citizens stand for millions of souls: Plessy, 6 |
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| 236 | 236 | | Brown, Parks. To that distinguished list, today we 7 |
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| 237 | 237 | | add the name of Fred Korematsu.’’. 8 |
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| 238 | 238 | | (23) Fred Korematsu remained a tireless advo-9 |
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| 239 | 239 | | cate for civil liberties and justice throughout his life 10 |
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| 240 | 240 | | by— 11 |
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| 241 | 241 | | (A) speaking out against racial discrimina-12 |
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| 242 | 242 | | tion and violence; and 13 |
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| 243 | 243 | | (B) cautioning the Federal Government 14 |
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| 244 | 244 | | against repeating mistakes of the past that sin-15 |
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| 245 | 245 | | gled out individuals for heightened scrutiny on 16 |
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| 246 | 246 | | the basis of race, ethnicity, nationality, or reli-17 |
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| 247 | 247 | | gion. 18 |
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| 248 | 248 | | (24) On March 30, 2005, Fred Korematsu died 19 |
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| 249 | 249 | | at the age of 86 in Marin County, California. 20 |
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| 250 | 250 | | (25) Fred Korematsu is a role model for all 21 |
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| 251 | 251 | | people of the United States who love the United 22 |
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| 252 | 252 | | States and the promises contained in the Constitu-23 |
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| 253 | 253 | | tion of the United States, and the strength and per-24 |
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| 256 | 256 | | •HR 821 IH |
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| 257 | 257 | | severance of Fred Korematsu serve as an inspiration 1 |
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| 258 | 258 | | for all people who strive for equality and justice. 2 |
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| 259 | 259 | | SEC. 3. CONGRESSIONAL GOLD MEDAL. 3 |
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| 260 | 260 | | (a) P |
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| 261 | 261 | | RESENTATIONAUTHORIZED.—The Speaker of 4 |
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| 262 | 262 | | the House of Representatives and the President pro tem-5 |
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| 263 | 263 | | pore of the Senate shall make appropriate arrangements 6 |
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| 264 | 264 | | for the posthumous presentation, on behalf of Congress, 7 |
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| 265 | 265 | | of a gold medal of appropriate design in commemoration 8 |
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| 266 | 266 | | to Fred Korematsu, in recognition of his contributions to 9 |
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| 267 | 267 | | civil rights, his loyalty and patriotism to the Nation, and 10 |
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| 268 | 268 | | his dedication to justice and equality. 11 |
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| 269 | 269 | | (b) D |
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| 270 | 270 | | ESIGN ANDSTRIKING.—For the purposes of the 12 |
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| 271 | 271 | | presentation referred to in subsection (a), the Secretary 13 |
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| 272 | 272 | | of the Treasury (referred to in this Act as the ‘‘Sec-14 |
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| 273 | 273 | | retary’’) shall strike a gold medal with suitable emblems, 15 |
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| 274 | 274 | | devices, and inscriptions to be determined by the Sec-16 |
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| 275 | 275 | | retary. The design shall bear an image of, and inscription 17 |
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| 276 | 276 | | of the name of, ‘‘Fred Korematsu’’. 18 |
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| 277 | 277 | | (c) S |
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| 278 | 278 | | MITHSONIANINSTITUTION.— 19 |
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| 279 | 279 | | (1) I |
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| 280 | 280 | | N GENERAL.—Following the award of the 20 |
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| 281 | 281 | | gold medal under subsection (a), the gold medal 21 |
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| 282 | 282 | | shall be given to the Smithsonian Institution, where 22 |
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| 283 | 283 | | it shall be available for display as appropriate and 23 |
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| 284 | 284 | | made available for research. 24 |
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| 288 | 288 | | (2) SENSE OF CONGRESS .—It is the sense of 1 |
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| 289 | 289 | | Congress that the Smithsonian Institution should 2 |
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| 290 | 290 | | make the gold medal awarded pursuant to this Act 3 |
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| 291 | 291 | | available for display elsewhere, particularly at the 4 |
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| 292 | 292 | | National Portrait Gallery, and that preference 5 |
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| 293 | 293 | | should be given to locations affiliated with the 6 |
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| 294 | 294 | | Smithsonian Institution. 7 |
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| 295 | 295 | | SEC. 4. DUPLICATE MEDALS. 8 |
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| 296 | 296 | | The Secretary may strike and sell duplicates in 9 |
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| 297 | 297 | | bronze of the gold medal struck pursuant to section 3, at 10 |
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| 298 | 298 | | a price sufficient to cover the cost thereof, including labor, 11 |
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| 299 | 299 | | materials, dies, use of machinery, and overhead expenses. 12 |
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| 300 | 300 | | SEC. 5. STATUS OF MEDALS. 13 |
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| 301 | 301 | | (a) N |
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| 302 | 302 | | ATIONALMEDALS.—The medals struck pursu-14 |
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| 303 | 303 | | ant to this Act are national medals for purposes of chapter 15 |
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| 304 | 304 | | 51 of title 31, United States Code. 16 |
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| 305 | 305 | | (b) N |
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| 306 | 306 | | UMISMATICITEMS.—For purposes of sections 17 |
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| 307 | 307 | | 5134 and 5136 of title 3, United States Code, all medals 18 |
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| 308 | 308 | | struck under this Act shall be considered to be numismatic 19 |
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| 309 | 309 | | items. 20 |
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| 310 | 310 | | SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF 21 |
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| 311 | 311 | | SALE. 22 |
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| 312 | 312 | | (a) A |
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| 313 | 313 | | UTHORITYTOUSEFUNDAMOUNTS.—There is 23 |
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| 314 | 314 | | authorized to be charged against the United States Mint 24 |
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| 315 | 315 | | Public Enterprise Fund such amounts as may be nec-25 |
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| 319 | 319 | | essary to pay for the costs of the medals struck under 1 |
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| 320 | 320 | | this Act. 2 |
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| 321 | 321 | | (b) P |
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| 322 | 322 | | ROCEEDS OFSALE.—Amounts received from the 3 |
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| 323 | 323 | | sale of duplicate bronze medals authorized under section 4 |
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| 324 | 324 | | 4 shall be deposited into the United States Mint Public 5 |
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| 325 | 325 | | Enterprise Fund. 6 |
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| 326 | 326 | | Æ |
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| 328 | 328 | | ssavage on LAPJG3WLY3PROD with BILLS |
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