[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR74.3]

[Page 302-303]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 74--CIVIL LIBERTIES ACT REDRESS PROVISION--Table of Contents
 
                   Subpart B--Standards of Eligibility
 
Sec. 74.3  Eligibility determinations.


    (a) An individual is found to be eligible if such an individual:
    (1) Is of Japanese ancestry; and
    (2) Was living on the date of enactment of the Act, August 10, 1988; 
and
    (3) During the evacuation, relocation, and internment period was--
    (i) A United States citizen; or
    (ii) A permanent resident alien who was lawfully admitted into the 
United States; or
    (iii) An alien, who after the evacuation, relocation and internment 
period, was permitted by applicable statutes to obtain the status of 
permanent resident alien extending to the internment period; and
    (4) Was confined, held in custody, relocated, or otherwise deprived 
of liberty or property as a result of--
    (i) Executive Order 9066, dated February 19, 1942;
    (ii) The Act entitled ``An Act to provide a penalty for violation of 
restrictions or orders with respect to persons entering, remaining, 
leaving, or committing any act in military areas or zones,'' approved 
March 21, 1942; or
    (iii) Any other Executive order, Presidential proclamation, law of 
the United States, directive of the Armed Forces of the United States, 
or other action taken by or on behalf of the United States or its 
agents, representatives, officers, or employees, respecting the 
evacuation, relocation, or internment of individuals solely on the basis 
of Japanese ancestry.
    (b) The following individuals are deemed to have suffered a loss 
within the meaning of paragraph (a)(4) of this section:
    (1) Individuals who were interned under the supervision of the 
wartime Relocation Authority, the Department of Justice or the United 
States Army; or
    (2) Individuals enrolled on the records of the United States 
Government during the period beginning on December 7, 1941, and ending 
June 30, 1946, as being in a prohibited military zone, including those 
individuals who, during the voluntary phase of the government's 
evacuation program between the issuance of Public Proclamation No. l on 
March 2, 1942, and the enforcement of Public Proclamation No. 4 on March 
29, 1942, filed a ``Change of Residence'' card with the Wartime Civil 
Control Administration; or
    (3) Individuals ordered by the Navy to leave Bainbridge Island, off 
the coast of the State of Washington, or Terminal Island, near San 
Pedro, California; or
    (4) Individuals who were members of the Armed Forces of the United 
States at the time of the evacuation and internment period and whose 
domicile was in a prohibited zone and as a result of the government 
action lost property; or
    (5) Individuals who were members of the Armed Forces of the United 
States at the time of the evacuation and internment period and were 
prohibited by government regulations from visiting their interned 
families or forced to submit to undue restrictions amounting to a 
deprivation of liberty prior to visiting their families; or
    (6) Individuals who, after March 29, 1942, evacuated and relocated 
from the West Coast as a result of government action, including those 
who obtained written permission to travel to a destination outside of 
the unauthorized areas from the Western Defense Command and the Fourth 
Army; or
    (7) Individuals born in assembly centers, relocation centers or 
internment camps to parents of Japanese ancestry who had been evacuated, 
relocated or interned pursuant to paragraph (a)(4) of this section, 
including children born in the United States to parents of Japanese 
ancestry who were relocated to the United States from other countries in 
the Americas during the internment period; or
    (8) Individuals who, prior to or at the time of evacuation, 
relocation or internment period, were in institutions, such as a 
hospital, pursuant to acts described in paragraph (a)(4) and, were 
placed under the custody of the Wartime Relocation Authority and 
confined within the grounds of the institution and not permitted to 
return to their homes or to go anywhere else.
    (9) Individuals born on or before January 20, 1945, to a parent or 
parents who had been evacuated, relocated, or interned from his or her 
original place

[[Page 303]]

of residence in the prohibited military zones on the West Coast, on or 
after March 2, 1942, pursuant to paragraph (a)(4) of this section, and 
who were excluded by Executive Order 9066 or military proclamations 
issued under its authority, from their parent's or parents' original 
place of residence in the prohibited military zones on the West Coast. 
This also includes those individuals who were born to a parent or 
parents who had ``voluntarily'' evacuated from his or her original place 
of residence in the prohibited military zones on the West Coast, on or 
after March 2, 1942, pursuant to paragraph (b)(3) of this section, and 
who were excluded by Executive Order 9066 or military proclamations 
issued under its authority, from their parent's or parents' original 
place of residence in the prohibited military zones on the West Coast.
    (c) Paragraph (b) of this section is not an exhaustive list of 
individuals who are deemed eligible for compensation; there may be other 
individuals determined to be eligible under the Act on a case-by-case 
basis by the Redress Administrator.

[Order No. 1359-89, 54 FR 34161, Aug. 18, 1989, as amended by Order No. 
2077-97, 62 FR 19934, Apr. 24, 1997]