dom of Information Act’’), that indicate that while 
the case of Fred Korematsu was before the Supreme 
Court of the United States, the Federal Government 
misled the Supreme Court of the United States and 
suppressed findings that Japanese Americans on the 
West Coast were not security threats. 
(18) In light of the newly discovered informa-
tion, Fred Korematsu filed a writ of error coram 
nobis with the United States District Court for the 
Northern District of California, and on November 
10, 1983, United States District Judge Marilyn Hall 
Patel issued her decision in Korematsu v. United 
States, 584 F. Supp. 1406 (N.D. Cal. 1984), that— 
(A) overturned the Federal conviction of 
Fred Korematsu; 
(B) concluded that, at the time that senior 
Government officials presented their case before 
the Supreme Court of the United States in 
1944, the senior Government officials knew 
there was no factual basis for the claim of mili-
tary necessity for the Civil Exclusion Order; 
(C) acknowledged that ‘‘the government 
knowingly withheld information from the courts 
when they were considering the critical question 
of military necessity’’ in the original case; 
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(D) recognized that ‘‘there is substantial 
support in the record that the government de-
liberately omitted relevant information and pro-
vided misleading information in papers before 
the court. The information was critical to the 
court’s determination’’; and 
(E) stated that although the decision of 
the Supreme Court of the United States in 
Korematsu v. United States, 323 U.S. 214 
(1944), remains on the pages of United States 
legal and political history, ‘‘[a]s 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 guarantees’’. 
(19) The Commission on Wartime Relocation 
and Internment of Civilians, authorized by Congress 
in 1980 to review the facts and circumstances sur-
rounding the relocation and incarceration of Japa-
nese Americans under Executive Order 9066 (7 Fed. 
Reg. 1407 (February 25, 1942)), concluded that— 
(A) the decision of the Supreme Court of 
the United States in Korematsu v. United 
States, 323 U.S. 214 (1944), is overruled by 
the court of history; 
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(B) a grave personal injustice was done to 
the United States citizens and resident aliens of 
Japanese ancestry who, without individual re-
view or any probative evidence against them, 
were excluded, removed, and detained by the 
United States during World War II; and 
(C) the exclusion, removal, and detention 
of United States citizens and resident aliens of 
Japanese ancestry was motivated largely by 
‘‘racial prejudice, wartime hysteria, and a fail-
ure of political leadership’’. 
(20) The overturning of the conviction of Fred 
Korematsu and the findings of the Commission on 
Wartime Relocation and Internment of Civilians in-
fluenced the decision by Congress to pass the Civil 
Liberties Act of 1988 (50 U.S.C. 4211 et seq.) to 
request a Presidential apology and the symbolic pay-
ment of compensation to people of Japanese ances-
try who lost liberty or property due to discriminatory 
actions of the Federal Government. 
(21) On August 10, 1988, President Reagan 
signed the Civil Liberties Act of 1988 (50 U.S.C. 
4211 et seq.), stating, ‘‘[H]ere we admit a wrong; 
here we reaffirm our commitment as a nation to 
equal justice under the law.’’. 
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(22) On January 15, 1998, President Clinton 
awarded the Presidential Medal of Freedom, the 
highest civilian award of the United States, to Fred 
Korematsu, stating, ‘‘[i]n the long history of our 
country’s constant search for justice, some names of 
ordinary citizens stand for millions of souls: Plessy, 
Brown, Parks. To that distinguished list, today we 
add the name of Fred Korematsu.’’. 
(23) Fred Korematsu remained a tireless advo-
cate for civil liberties and justice throughout his life 
by— 
(A) speaking out against racial discrimina-
tion and violence; and 
(B) cautioning the Federal Government 
against repeating mistakes of the past that sin-
gled out individuals for heightened scrutiny on 
the basis of race, ethnicity, nationality, or reli-
gion. 
(24) On March 30, 2005, Fred Korematsu died 
at the age of 86 in Marin County, California. 
(25) Fred Korematsu is a role model for all 
people of the United States who love the United 
States and the promises contained in the Constitu-
tion of the United States, and the strength and per-
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severance of Fred Korematsu serve as an inspiration 
for all people who strive for equality and justice. 
SEC. 3. CONGRESSIONAL GOLD MEDAL. 
(a) PRESENTATION AUTHORIZED.—The Speaker of 
the House of Representatives and the President pro tem-
pore of the Senate shall make appropriate arrangements 
for the posthumous presentation, on behalf of Congress, 
of a gold medal of appropriate design in commemoration 
to Fred Korematsu, in recognition of his contributions to 
civil rights, his loyalty and patriotism to the Nation, and 
his dedication to justice and equality. 
(b) DESIGN AND STRIKING.—For the purposes of the 
presentation referred to in subsection (a), the Secretary 
of the Treasury (referred to in this Act as the ‘‘Sec-
retary’’) shall strike a gold medal with suitable emblems, 
devices, and inscriptions to be determined by the Sec-
retary. The design shall bear an image of, and inscription 
of the name of, ‘‘Fred Korematsu’’. 
(c) SMITHSONIAN INSTITUTION.— 
(1) IN GENERAL.—Following the award of the 
gold medal under subsection (a), the gold medal 
shall be given to the Smithsonian Institution, where 
it shall be available for display as appropriate and 
made available for research. 
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(2) 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 elsewhere, particularly at the 
National Portrait Gallery, and that preference 
should be given to locations affiliated with the 
Smithsonian Institution. 
SEC. 4. DUPLICATE MEDALS. 
The Secretary may strike and sell duplicates in 
bronze of the gold medal struck pursuant to section 3, at 
a price sufficient to cover the cost thereof, including labor, 
materials, dies, use of machinery, and overhead expenses. 
SEC. 5. STATUS OF MEDALS. 
(a) NATIONAL MEDALS.—The medals struck pursu-
ant to this Act are national medals for purposes of chapter 
51 of title 31, United States Code. 
(b) NUMISMATIC ITEMS.—For purposes of section 
5134 of title 31, United States Code, all medals struck 
under this Act shall be considered to be numismatic items. 
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF 
SALE. 
(a) AUTHORITY TO USE FUND AMOUNTS.—There is 
authorized to be charged against the United States Mint 
Public Enterprise Fund such amounts as may be nec-
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essary to pay for the costs of the medals struck under 
this Act. 
(b) PROCEEDS OF SALE.—Amounts received from the 
sale of duplicate bronze medals authorized under section 
4 shall be deposited into the United States Mint Public 
Enterprise Fund. 
Æ 
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