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AUTHORIZING THE SECRETARY OF WAR TO PRESCRIBE MILITARY AREAS Executive Order No. 9066
WHEREAS the successful prosecution of the war requires every possible protection against espionage and against sabotage to national-defense material, national-defense premises, and national-defense utilities as defined in section 4, Act of April 20, 1918, 40 Stat. 533, as amended by the act of November 30, 1940, 54 Stat. 1220, and the Act of August 21, 1941, 55 Stat. 655 (U. S. C., Title 50, Sec. 104):
NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, and Commander in Chief of the Army and Navy, I hereby authorize and direct the Secretary of War, and the Military Commanders whom he may from time to time designate, whenever he or any designated Commander deems such actions necessary or desirable, to prescribe military areas in such places and of such extent as he or the appropriate Military Commanders may determine, from which any or all persons may be excluded, and with such respect to which, the right of any person to enter, remain in, or leave shall be subject to whatever restrictions the Sectary of War or the appropriate Military Commander may impose in his discretion. The Secretary of War is hereby authorized to provide for residents of any such area who are excluded therefrom, such transportation, food, shelter, and other accommodations as may be necessary, in the judgement of the Secretary of War or the said Military Commander, and until other arrangements are made, to accomplish the purpose of this order. The designation of military areas in any region or locality shall supersede designations of prohibited and restricted areas by the Attorney General under the Proclamations of December 7 and 8, 1941, and shall supersede the responsibility and authority of the Attorney General under the said Proclamations in respect of such prohibited and restricted areas.
I hereby further authorize and direct the Secretary of War and the said Military Commanders to take such other steps as he or the appropriate Military Commander may deem advisable to enforce compliance with the restrictions applicable to each Military area hereinabove authorized to be designated, including the use of Federal troops and other Federal Agencies, with authority to accept assistance of state and local agencies.
I hereby further authorize and direct all Executive Departments, independent establishments and other Federal Agencies, to assist the Secretary of War or the said Military Commanders in carrying out this Executive Order, including the furnishing of medical aid, hospitalization, food, clothing, transportation, use of land, shelter, and other supplies, equipment, utilities, facilities and services.
This order shall not be construed as modifying or limiting in any way the authority heretofore granted under Executive Order No. 8972, dated December 12, 1941, nor shall it be construed as limiting or modifying the duty and responsibility of the Federal Bureau of Investigation, with respect to the investigation of alleged acts of sabotage or the duty and responsibility of the Attorney General and the Department of Justice under the Proclamations of December 7 and 8, 1941, prescribing regulations for the conduct and control of alien enemies, except as such duty and responsibility is superseded by the designation of military areas hereunder.
| FRANKLIN D. ROOSEVELT February 19, 1942. |
50 USC APPENDIX - WAR AND NATIONAL DEFENSE Sec. 1989b-7 01/16/96
ALEUTS
JAPANESE ALIENS
Sec. 1989b-7. Definitions
For the purposes of this title (sections 1989b to 1989b-9 of this
Appendix) -
- the term ''evacuation, relocation, and internment period''
means that period beginning on December 7, 1941, and ending on June 30, 1946;
- the term ''eligible individual'' means any individual of
Japanese ancestry, or the spouse or a parent of an individual of Japanese ancestry, who is living on the date of the enactment of this Act (Aug. 10, 1988) and who, during the evacuation, relocation, and internment period -
(A) was a United States citizen or a permanent resident alien; and
(B)(i) was confined, held in custody, relocated, or otherwise deprived of liberty or property as a result of -
- Executive Order Numbered 9066, dated February 19, 1942;
- the Act entitled ''An Act to provide a penalty for
violation of restrictions or orders with respect to persons entering, remaining in, leaving, or committing any act in military areas or zones'', approved March 21, 1942 (56 Stat. 173); or
- 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; or
- was enrolled on the records of the United States
Government during the period beginning on December 7, 1941, and ending on June 30, 1946, as being in a prohibited military zone;
except that the term ''eligible individual'' does not include any individual who, during the period beginning on December 7, 1941, and ending on September 2, 1945, relocated to a country while the United States was at war with that country;
- the term ''permanent resident alien'' means an alien
lawfully admitted into the United States for permanent residence;
- the term ''Fund'' means the Civil Liberties Public
Education Fund established in section 104 (section 1989b-3 of this Appendix);
- the term ''Board'' means the Civil Liberties Public
Education Fund Board of Directors established in section 106 (section 1989b-5 of this Appendix); and
- the term ''Commission'' means the Commission on Wartime
Relocation and Internment of Civilians, established by the Commission on Wartime Relocation and Internment of Civilians Act (Public Law 96-317; 50 U.S.C. App. 1981 note).
(Pub. L. 100-383, title I, Sec. 108, Aug. 10, 1988, 102 Stat. 910; Pub. L. 102-371, Sec. 3, Sept. 27, 1992, 106 Stat. 1167.)
| REFERENCES IN TEXT |
Executive Order Numbered 9066, dated February 19, 1942, referred
to in par. (2)(B)(i)(I), is not classified to the Code.
The Act entitled ''An Act to provide a penalty for violation of
restrictions or orders with respect to persons entering, remaining in, leaving, or committing any act in military areas or zones'', approved March 21, 1942 (56 Stat. 173), referred to in par.
- (B)(i)(II), is act Mar. 21, 1942, ch. 191, 56 Stat. 173, which was classified to section 97a of former Title 18, Criminal Code and Criminal Procedure, and was repealed by act of June 25, 1948, ch. 645, Sec. 21, 62 Stat. 868 and reenacted as section 1383 of Title 18, Crimes and Criminal Procedure. Section 1383 of Title 18 was repealed by Pub. L. 94-412, title V, Sec. 501(e), Sept. 14, 1976, 90 Stat. 1258.
AMENDMENTS
1992 - Par. (2). Pub. L. 102-371 inserted '', or the spouse or a
parent of an individual of Japanese ancestry,'' after ''Japanese ancestry'' in introductory provisions.
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The Donnely Collection of Presidential
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