[House Report 111-666]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-666
======================================================================
COMMISSION ON WARTIME RELOCATION AND INTERNMENT OF LATIN AMERICANS OF
JAPANESE DESCENT ACT
_______
November 30, 2010.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 42]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 42) to establish a fact-finding Commission to extend the
study of a prior Commission to investigate and determine facts
and circumstances surrounding the relocation, internment, and
deportation to Axis countries of Latin Americans of Japanese
descent from December 1941 through February 1948, and the
impact of those actions by the United States, and to recommend
appropriate remedies, and for other purposes, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
CONTENTS
Page
The Amendment.................................................... 2
Purpose and Summary.............................................. 4
Background and Need for the Legislation.......................... 4
Hearings......................................................... 5
Committee Consideration.......................................... 6
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 8
New Budget Authority and Tax Expenditures........................ 9
Congressional Budget Office Cost Estimate........................ 9
Performance Goals and Objectives................................. 10
Constitutional Authority Statement............................... 10
Advisory on Earmarks............................................. 10
Section-by-Section Analysis...................................... 11
Dissenting Views................................................. 12
Appendix......................................................... 14
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Wartime Relocation and
Internment of Latin Americans of Japanese Descent Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Based on a preliminary study published in December
1982 by the Commission on Wartime Relocation and Internment of
Civilians, Congress finds the following:
(1) During World War II, the United States expanded its
internment program and national security investigations to
conduct the program and investigations in Latin America.
(2) Approximately 2,300 men, women, and children of Japanese
descent were relocated from their homes in Latin America,
detained in internment camps in the United States, and in some
cases, deported to Axis countries to enable the United States
to conduct prisoner exchanges.
(3) The Commission on Wartime Relocation and Internment of
Civilians studied Federal actions conducted pursuant to
Executive Order 9066 (relating to authorizing the Secretary of
War to prescribe military areas). Although the United States
program of interning Latin Americans of Japanese descent was
not conducted pursuant to Executive Order 9066, an examination
of that extraordinary program is necessary to establish a
complete account of Federal actions to detain and intern
civilians of enemy or foreign nationality, particularly of
Japanese descent. Although historical documents relating to the
program exist in distant archives, the Commission on Wartime
Relocation and Internment of Civilians did not research those
documents.
(4) Latin American internees of Japanese descent were a group
not covered by the Civil Liberties Act of 1988 (50 U.S.C. App.
1989b et seq.), which formally apologized and provided
compensation payments to Japanese Americans interned pursuant
to Executive Order 9066.
(b) Purpose.--The purpose of this Act is to establish a fact-finding
commission to extend the study of the Commission on Wartime Relocation
and Internment of Civilians to investigate and determine facts and
circumstances surrounding the relocation, internment, and deportation
to Axis countries of Latin Americans of Japanese descent from December
1941 through February 1948, and the impact of those actions by the
United States, and to recommend appropriate remedies, if any, based on
preliminary findings by the original Commission and new discoveries.
SEC. 3. ESTABLISHMENT OF THE COMMISSION.
(a) In General.--There is established the Commission on Wartime
Relocation and Internment of Latin Americans of Japanese descent (in
this Act referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of 9 members, who
shall be appointed not later than 60 days after the date of the
enactment of this Act, of whom--
(1) 3 members shall be appointed by the President;
(2) 3 members shall be appointed by the Speaker of the House
of Representatives, on the joint recommendation of the majority
leader of the House of Representatives and the minority leader
of the House of Representatives; and
(3) 3 members shall be appointed by the President pro tempore
of the Senate, on the joint recommendation of the majority
leader of the Senate and the minority leader of the Senate.
(c) Period of Appointment; Vacancies.--Members shall be appointed for
the life of the Commission. A vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment was made.
(d) Meetings.--
(1) First meeting.--The President shall call the first
meeting of the Commission not later than the later of--
(A) 60 days after the date of the enactment of this
Act; or
(B) 30 days after the date of the enactment of
legislation making appropriations to carry out this
Act.
(2) Subsequent meetings.--Except as provided in paragraph
(1), the Commission shall meet at the call of the Chairperson
of the Commission.
(e) Quorum.--Five members of the Commission shall constitute a
quorum, but a lesser number of members may hold hearings.
(f) Chairperson and Vice Chairperson.--The Commission shall elect a
Chairperson and Vice Chairperson from among its members. The
Chairperson and Vice Chairperson shall serve for the life of the
Commission.
SEC. 4. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall--
(1) extend the study of the Commission on Wartime Relocation
and Internment of Civilians, established by the Commission on
Wartime Relocation and Internment of Civilians Act--
(A) to investigate and determine the facts and
circumstances surrounding the relocation, internment,
and deportation to Axis countries, by the United
States, of Latin Americans of Japanese descent during
the period beginning December 7, 1941, and ending
February 28, 1948, and the impact of those actions by
the United States; and
(B) in investigating those facts and circumstances,
to review directives of the United States Armed Forces
and the Department of State, and other relevant
information and documents, relating to the relocation,
detention in internment camps, and deportation to Axis
countries of Latin Americans of Japanese descent; and
(2) recommend appropriate remedies, if any, based on the
findings of the Commission and the preliminary findings by the
Commission on Wartime Relocation and Internment of Civilians.
(b) Report.--Not later than 1 year after the date of the first
meeting of the Commission pursuant to section 3(d)(1), the Commission
shall submit a written report to the Congress containing the findings
resulting from the investigation conducted under subsection (a)(1) and
any recommendations described in subsection (a)(2).
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission or, at its direction, any subcommittee
or member of the Commission, may, for the purpose of carrying out this
Act--
(1) hold such public hearings in such cities and countries,
sit and act at such times and places, take such testimony,
receive such evidence, and administer such oaths as the
Commission or such subcommittee or member considers advisable;
and
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, tapes,
and materials as the Commission or such subcommittee or member
considers advisable.
(b) Issuance and Enforcement of Subpoenas.--
(1) Issuance.--Subpoenas issued under subsection (a) shall be
approved by a majority of the members present at a meeting,
shall bear the signature of the Chairperson of the Commission,
and shall be served by any person or class of persons
designated by the Chairperson for that purpose.
(2) Enforcement.--In the case of contumacy or failure to obey
a subpoena issued under subsection (a), the United States
district court for the judicial district in which the person
who is served the subpoena resides, is served, or may be found
may issue an order requiring such person to appear at any
designated place to testify or to produce documentary or other
evidence required by the subpoena. Any failure to obey the
order of the court may be punished by the court as a contempt
of that court.
(c) Witness Allowances and Fees.--Section 1821 of title 28, United
States Code, shall apply to witnesses requested or required by subpoena
to appear at any hearing of the Commission. The per diem and mileage
allowances provided under such section for witnesses shall be paid from
funds available to pay the expenses of the Commission.
(d) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to perform its duties. Upon request of
the Chairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(e) Postal Services.--The Commission may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the Federal Government.
SEC. 6. PERSONNEL AND ADMINISTRATIVE PROVISIONS.
(a) Travel Expenses.--The members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of their duties for the
Commission.
(b) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate the employment of such personnel as may
be necessary to enable the Commission to perform its duties.
(2) Compensation.--The Chairperson of the Commission may fix
the compensation of the personnel without regard to chapter 51
and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the
personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(c) Detail of Government Employees.--Any employee of the Federal
Government may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(d) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals that do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
(e) Other Administrative Matters.--The Commission may--
(1) enter into agreements with the Administrator of General
Services to procure necessary financial and administrative
services;
(2) enter into contracts to procure supplies, services, and
property; and
(3) enter into contracts with Federal, State, and local
agencies, and private institutions and organizations, for the
conduct of research or surveys, the preparation of reports, and
other activities necessary to enable the Commission to perform
its duties.
SEC. 7. TERMINATION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report to the Congress under section 4(b).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums as
may be necessary to carry out this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended.
Purpose and Summary
H.R. 42, the ``Commission on Wartime Relocation and
Internment of Latin Americans of Japanese Descent Act,''
extends the study of the Commission on Wartime Relocation and
Internment of Civilians to include a fact-finding Commission on
the treatment of Japanese Latin Americans during World War II.
The Commission will investigate and determine facts and
circumstances surrounding the relocation, internment, and
deportation to Axis countries of Latin Americans of Japanese
descent from December 1941 through February 1948. The
Commission will also assess the impact of those actions, and
recommend appropriate remedies, if any.
Background and Need for the Legislation
The Commission on Wartime Relocation and Internment of
Civilians Act established a commission to review the history of
the internment and relocation of Japanese Americans and legal
permanent residents.\1\ In 1983, the Commission produced an
extensive report of its findings and made a series of
recommendations ranging from a formal apology to restitution
payments.\2\ While the Commission's report consisted of a
thorough examination of the World War II internment of 120,000
Japanese Americans, the treatment of other populations during
the same time period was either insufficiently examined, or not
addressed at all.
---------------------------------------------------------------------------
\1\Pub. L. No. 96-317, 94 Stat. 964 (1980).
\2\The Commission on Wartime Relocation and Internment of
Civilians, Personal Justice Denied (U.S. Government Printing Office
1983).
---------------------------------------------------------------------------
The Commission did not thoroughly examine the treatment of
thousands of Latin Americans of Japanese descent during World
War II. During World War II, approximately 2,300 men, women,
and children of Japanese descent were relocated from their
homes in Latin America, detained in internment camps in the
United States, and in some cases, deported to Axis countries to
enable the United States to conduct prisoner exchanges.\3\
---------------------------------------------------------------------------
\3\Id. at 305.
---------------------------------------------------------------------------
The Commission addressed the treatment of Japanese Latin
Americans only in the appendix of its report.\4\ The report
observes that these Japanese Latin Americans were forcibly
relocated in order to ``secure the Western Hemisphere from
internal threats and to supply exchanges for American citizens
held by the Axis.''\5\ The appendix states that:
---------------------------------------------------------------------------
\4\Id. at 305-14.
\5\Id. at 305.
Normal legal proceedings were ignored. . . . On
entering the United States, officials of Axis nations
were placed in State Department custody and private
citizens were sent to INS internment camps in Texas. In
most cases passports had been confiscated before
landing, and the State Department ordered American
consuls . . . to issue no visas prior to departure.
Despite their involuntary arrival, deportees were
treated by INS as having illegally entered this
country. Thus the deportees became illegal aliens in
U.S. custody who were subject to deportation
proceedings, i.e., repatriation.\6\
---------------------------------------------------------------------------
\6\Id. at 308
Representatives of the Japanese Latin American community
have long advocated for an official government study of the
treatment of their community in a similar manner as was
conducted and completed for Japanese Americans interned during
WWII. This community says that an appendix in the Commission
report, without any recommendations, is insufficient.
Hearings
The Committee's Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law held 1 day of
hearings on ``The Treatment of Latin Americans of Japanese
Descent, European Americans, and Jewish Refugees During World
War II'' on March 19, 2009. Testimony was received from Daniel
M. Masterson, Professor of Latin American History, U.S. Naval
Academy; Grace Shimizu, Director, Japanese Peruvian Oral
History Project; Libia Yamamoto, former Japanese of Latin
American Descent Internee; John Christgau, author of Enemies:
World War II Alien Internment; Karen E. Ebel, President, German
American Internee Coalition; Heidi Gurcke Donald, Board and
Founding Member, German American Internee Coalition; John
Fonte, Director, Center for American Common Culture and Senior
Fellow, Hudson Institute; David A. Harris, Executive Director,
American Jewish Committee; Leo Bretholz, author of Leap Into
Darkness; Valery Bazarov, Director, Location and Family History
Service, Hebrew Immigrant Aid Society; and Michael Horowitz,
Senior Fellow, Hudson Institute. Additional materials were
submitted for the hearing and may be found in the Appendix to
the Committee's report.
Committee Consideration
On July 23, 2009, the Subcommittee on Immigration,
Citizenship, Refugees, Border Security, and International Law
met in open session and ordered the bill H.R. 42 favorably
reported with an amendment by a vote of 7 to 2, a quorum being
present. On October 21, 2009, the Committee met in open session
and ordered the bill H.R. 42 favorably reported with an
amendment by a rollcall vote of 22 to 10, a quorum being
present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following rollcall votes occurred during the Committee's
consideration of H.R. 42:
1. An amendment by Mr. King to prevent Commissioners from
considering all appropriate remedies by barring them from
recommending monetary compensation. Defeated 14 to 16.
ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman......................................................
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................
Ms. Lofgren.....................................................
Ms. Jackson Lee.................................................
Ms. Waters...................................................... X
Mr. Delahunt....................................................
Mr. Wexler...................................................... X
Mr. Cohen....................................................... X
Mr. Johnson..................................................... X
Mr. Pierluisi................................................... X
Mr. Quigley..................................................... X
Ms. Chu......................................................... X
Mr. Gutierrez...................................................
Ms. Baldwin..................................................... X
Mr. Gonzalez....................................................
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Ms. Sanchez..................................................... X
Ms. Wasserman Schultz........................................... X
Mr. Maffei...................................................... X
Mr. Smith, Ranking Member....................................... X
Mr. Sensenbrenner, Jr...........................................
Mr. Coble....................................................... X
Mr. Gallegly....................................................
Mr. Goodlatte................................................... X
Mr. Lungren..................................................... X
Mr. Issa........................................................ X
Mr. Forbes...................................................... X
Mr. King........................................................ X
Mr. Franks...................................................... X
Mr. Gohmert..................................................... X
Mr. Jordan...................................................... X
Mr. Poe......................................................... X
Mr. Chaffetz.................................................... X
Mr. Rooney...................................................... X
Mr. Harper...................................................... X
-----------------------------------------------
Total....................................................... 14 16
----------------------------------------------------------------------------------------------------------------
2. An amendment by Mr. King to require the commissioners
selected by the President and House and Senate leadership, in
consultation with minority leadership, to be distinguished
scholars and academic historians with relevant expertise, but
who have made no prior judgments about the facts under
examination. Defeated 14 to 17.
ROLLCALL NO. 2
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman......................................................
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren.....................................................
Ms. Jackson Lee.................................................
Ms. Waters...................................................... X
Mr. Delahunt....................................................
Mr. Wexler...................................................... X
Mr. Cohen....................................................... X
Mr. Johnson..................................................... X
Mr. Pierluisi................................................... X
Mr. Quigley..................................................... X
Ms. Chu......................................................... X
Mr. Gutierrez...................................................
Ms. Baldwin..................................................... X
Mr. Gonzalez....................................................
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Ms. Sanchez..................................................... X
Ms. Wasserman Schultz........................................... X
Mr. Maffei...................................................... X
Mr. Smith, Ranking Member....................................... X
Mr. Sensenbrenner, Jr........................................... X
Mr. Coble....................................................... X
Mr. Gallegly....................................................
Mr. Goodlatte................................................... X
Mr. Lungren..................................................... X
Mr. Issa........................................................
Mr. Forbes...................................................... X
Mr. King........................................................ X
Mr. Franks...................................................... X
Mr. Gohmert..................................................... X
Mr. Jordan...................................................... X
Mr. Poe......................................................... X
Mr. Chaffetz.................................................... X
Mr. Rooney...................................................... X
Mr. Harper...................................................... X
-----------------------------------------------
Total....................................................... 14 17
----------------------------------------------------------------------------------------------------------------
3. Motion to report H.R. 42 favorably, as amended. Passed
22 to 10.
ROLLCALL NO. 3
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman......................................................
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren.....................................................
Ms. Jackson Lee.................................................
Ms. Waters...................................................... X
Mr. Delahunt....................................................
Mr. Wexler...................................................... X
Mr. Cohen....................................................... X
Mr. Johnson..................................................... X
Mr. Pierluisi................................................... X
Mr. Quigley..................................................... X
Ms. Chu......................................................... X
Mr. Gutierrez................................................... X
Ms. Baldwin..................................................... X
Mr. Gonzalez....................................................
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Ms. Sanchez..................................................... X
Ms. Wasserman Schultz........................................... X
Mr. Maffei...................................................... X
Mr. Smith, Ranking Member....................................... X
Mr. Sensenbrenner, Jr........................................... X
Mr. Coble....................................................... X
Mr. Gallegly....................................................
Mr. Goodlatte................................................... X
Mr. Lungren..................................................... X
Mr. Issa........................................................ X
Mr. Forbes...................................................... X
Mr. King........................................................ X
Mr. Franks......................................................
Mr. Gohmert..................................................... X
Mr. Jordan...................................................... X
Mr. Poe......................................................... X
Mr. Chaffetz.................................................... X
Mr. Rooney...................................................... X
Mr. Harper...................................................... X
-----------------------------------------------
Total....................................................... 22 10
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 42, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 30, 2009.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 42, the
``Commission on Wartime Relocation and Internment of Latin
Americans of Japanese Descent Act.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford, who can be reached at 226-2860.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 42--Commission on Wartime Relocation and Internment of Latin
Americans of Japanese Descent Act.
H.R. 42 would establish a commission to investigate and
determine the facts and circumstances surrounding the
relocation, internment, and deportation from the United States
of Latin Americans of Japanese descent from December 1941 to
February 1948.
Under H.R. 42, nine commission members--three appointed by
the President, three appointed by the Speaker of the House of
Representatives, and three appointed by the President pro
tempore of the Senate--would have one year to report to the
Congress on their findings, recommendations, and possible
remedies. Commission members would be reimbursed for travel
expenses. In addition, the commission would be authorized to
hire staff or use personnel detailed from other Federal
agencies and would terminate 90 days after submitting its final
report.
Based on the costs of similar commissions, CBO estimates
that the commission would spend less than $500,000 over the
2010-2011 period, subject to appropriation of the necessary
amounts. Enacting the bill would not affect direct spending or
revenues. The legislation would not authorize any payment of
restitution; such authority would require a separate act of the
Congress.
H.R. 42 would impose both intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act
(UMRA) because it would establish a commission with the
authority to subpoena information. State, local, and tribal
governments as well as private-sector entities, if subpoenaed
by the commission, would be required to provide testimony,
documents, or other evidence. CBO expects that the commission
would likely exercise this authority sparingly and the costs to
comply with subpoenas would not be significant. Thus, we
estimate that the costs to comply with the mandates would be
small and well below the annual thresholds established in UMRA
($69 million for intergovernmental mandates and $139 million
for private-sector mandates in 2009, adjusted annually for
inflation). Furthermore, H.R. 42 would direct the commission to
pay a per diem and mileage allowance to any witness who appears
before the commission.
On February 13, 2009, CBO transmitted a cost estimate for
S. 69, the ``Commission on Wartime Relocation and Internment of
Latin Americans of Japanese Descent Act,'' as ordered reported
by the Senate Committee on Homeland Security and Governmental
Affairs on February 11, 2009. The two bills are similar but
have a different provision regarding the compensation of the
commission members who are not Federal employees. CBO's cost
estimates reflect that difference.
The CBO staff contacts for this estimate are Matthew
Pickford (for Federal costs), Elizabeth Cove Deslisle (for
State and local impact), and Marin Randall (for the private-
sector impact). This estimate was approved by Theresa Gullo,
Deputy Assistant Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R. 42
will establish a Commission to investigate and determine facts
and circumstances surrounding the relocation, internment, and
deportation to Axis countries of Latin Americans of Japanese
descent from December 1941 through February 1948, to assess the
impact of those actions by the United States, and to recommend
appropriate remedies, if any. The Commission will submit a
written report of its findings and recommendations to Congress
not later than 1 year after the date of its first meeting.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8 of the Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 42 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9 of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short title. Section 1 sets forth the short title
of the bill as the ``Commission on Wartime Relocation and
Internment of Latin Americans of Japanese Descent Act.''
Sec. 2. Findings and Purpose. Section 2 sets forth several
findings and purposes of Congress.
Subsection (a) sets forth the bill's findings. Based on
preliminary findings published in the December 1982 report by
the Commission on Wartime Relocation and Internment of
Civilians, Congress finds that approximately 2,300 men, women,
and children of Japanese descent were taken from their homes in
Latin America, detained in internment camps in the United
States, and in some cases deported to Axis countries for the
purpose of prisoner exchanges. Congress also finds that Latin
American internees of Japanese descent were not covered by the
Civil Liberties Act of 1988, which formally apologized and
provided compensation to Japanese Americans interned pursuant
to Executive Order 9066.
Subsection (b) sets forth the bill's purpose. The purpose
of the bill is to establish a fact-finding commission to extend
the 1982 Commission's study to investigate facts and
circumstances surrounding the relocation, internment, and
deportation of Latin Americans of Japanese descent and to
recommend appropriate remedies, if any.
Sec. 3. Establishment of the Commission. This section
establishes a Commission composed of nine members. The
President, the Speaker of the House of Representatives, and the
President pro tempore of the Senate shall each appoint three
members within 60 days of enactment. In both the House and
Senate, the appointment shall be made upon the joint
recommendation of the majority and minority leaders. A quorum
shall consist of five Commission members, but a lesser number
of members may hold hearings. The Commission shall elect a
Chairperson and Vice Chairperson from among its members.
Members of this Commission shall be appointed for the life of
the Commission. The President shall call the first meeting of
the Commission within 60 days of enactment or within 30 days
after legislation making appropriations to carry out this Act
is enacted.
Sec. 4. Duties of the Commission. This section sets forth
the duties of the Commission. The Commission is to extend the
study of the 1982 Commission to investigate and determine facts
and circumstances surrounding the United States' relocation,
internment, and deportation of Latin Americans of Japanese
descent, and the impact of those actions by the United States.
Not later than 1 year after the date of the first meeting, the
Commission is to submit to Congress a written report of the
findings resulting from the investigation and appropriate
recommendations. The Committee notes that it neither foresees,
nor invites, a recommendation for monetary awards to any of the
affected Latin Americans of Japanese descent. However, out of
respect for the individuals who will serve on this Commission,
the Committee allows them the ability to freely look at the
entire picture, understanding that although it cannot bind
future Congresses, it is not anticipating or welcoming a
recommendation for monetary reparations.
Sec. 5. Powers of the Commission. This section sets forth
the powers of the Commission. The Commission may hold public
hearings, receive testimony and evidence, and administer oaths.
The Commission may also issue and enforce subpoenas requiring
the attendance and testimony of witnesses, as well as producing
other physical evidence and materials. Witnesses are to be
compensated per diem and reimbursed mileage allowances from
funds available to pay the expenses of the Commission. The
Commission may secure information necessary to perform its
duties from any Federal department or agency.
Sec. 6. Personnel and Administrative Provisions. This
section provides that Commission members are to be reimbursed
for travel expenses, including per diem in lieu of subsistence.
Staff member compensation is to be fixed by the Chairperson and
may not exceed the rate payable for level V of the Executive
Schedule ($145,700 in 2010).
Sec. 7. Termination. This section provides that the
Commission terminates 90 days after the date on which the
Commission submits its report to Congress.
Sec. 8. Authorization of Appropriations. This section
authorizes such sums as may be necessary to be appropriated.
Sums appropriated are to remain available, without fiscal year
limitation, until expended.
Dissenting Views
We oppose H.R. 42 which establishes a ``fact-finding
Commission to extend the study of the Commission on Wartime
Relocation and Internment of Civilians to investigate and
determine facts and circumstances surrounding the relocation,
internment and deportation to Axis countries of Latin Americans
of Japanese descent from December 1941 through February 1948,
and the impact of those actions by the United States, and to
recommend appropriate remedies, if any, based on preliminary
findings by the original Commission and new discoveries.''\1\
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\1\H.R. 42 (The Commission on Wartime Relocation and Internment of
Latin Americans of Japanese Descent Act).
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Section 4(a)(2) requires the Commission, as one of its
duties, to ``recommend appropriate remedies, if any, based on
preliminary findings by the original Commission and new
discoveries.''\2\ Because there is no specific definition of
``remedies,'' such remedies can include reparations. During
both Subcommittee and Full Committee markup of the bill,
Subcommittee Ranking Member King offered an amendment to
prevent ``remedies'' from including ``monetary compensation.''
The amendment was defeated both times despite assurances from
many Members of the Majority that the bill was not intended to
be a conduit for monetary compensation for those interned or
their families.
---------------------------------------------------------------------------
\2\Id.
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Our concern is well warranted. The ``Commission on Wartime
Relocation and Internment of Civilians Act''\3\ enacted in
1980, established a commission to review the history of the
internment and relocation of 120,000 Japanese Americans and
legal permanent residents during World War II and to recommend
appropriate remedies.\4\ One of the Commission's recommended
remedies was for Congress to establish a fund which would
provide a one-time per capita compensatory payment of $20,000
to each of the approximately 60,000 surviving persons
interned.\5\ Congress did so with the Civil Liberties Act of
1988.\6\
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\3\Pub. L. No. 96-317, 94 Stat. 964 (1980).
\4\Id.
\5\U.S. Commission on Wartime Relocation and Internment of
Civilians: Personal Justice Denied 462-63 (University of Washington
Press 1997) (1983).
\6\Pub. L. No. 100-383, 102 Stat. 903 (1988).
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As noted by Rep. Dan Lungren, current Member of this
Committee, and a member of the original Commission on Wartime
Relocation and Internment of Civilians, concerns were raised
during debate on the bill to create the Commission on Wartime
Relocation and Internment of Civilians, that the Commission
would recommend reparations. During a March 19, 2009,
Immigration Subcommittee hearing, Rep. Lungren stated: ``I do
recall at the very first meeting that we had of the commission,
one of the commissioners turned to us assembled and said,
`Okay, how much money are we talking about?' which, frankly,
put off alarm bells in my head because I had promised Members
[of Congress] that was not the purpose of it. Rather, I had
thought it was important for us to investigate that period of
time, since it was fairly well unknown about the treatment of
fellow citizens and people who were here legally at that
time.''\7\
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\7\Statement of Congressman Daniel Lungren, Hearing before the
Subcommittee on Immigration. Citizenship, Refugees, Border Security and
International Law, ``Treatment of Latin Americans of Japanese Descent,
European Americans, and Jewish Refugees During World War II,'' 111th
Congress, Mar. 19, 2009.
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In addition, while some of the proponents of this
legislation claim that the bill is about having their story
heard and having the U.S. government acknowledge its actions,
and not about reparations, one of the witnesses at the March
19, 2009, Subcommittee hearing is actually the coordinator for
the Campaign for Justice: Redress Now for Japanese Latin
Americans. She has indeed called for monetary reparations.
Thus, our concerns about future reparations are justified.
It is one thing to require a Commission to investigate and
report on U.S. government activities, and quite another to
expect U.S. taxpayers to hand over perhaps millions of dollars
to the people who felt that they were victims of injustice.
In addition, we are concerned about the makeup of the
Commission. Specifically it is made up of nine members, three
of whom are appointed by the President, three appointed by the
Speaker of the House in conjunction with the Majority and
Minority Leaders and three by the President pro tempore of the
Senate in conjunction with the Majority and Minority Leaders.
They serve for the life of the Commission. There are no
provisions preventing biased Commission members or ensuring
that those appointed to the Commission would not benefit
personally from the decisions of the Commission.
At the Subcommittee markup, Subcommittee Ranking Member
King offered an amendment to require that the Commission
members be unbiased. Specifically, the amendment required that
members must be distinguished scholars or academic historians
who can provide expertise on this issue and who are impartial.
The members must not have made any prior judgment about the
fact to be reviewed and reported on by the Commission. This
amendment was defeated.
In addition to the basic belief that we should not have to
re-evaluate decisions made by Administrations nearly sixty
years ago for national security reasons during a period of
grave peril to our country, we oppose this bill because it may
very well lead to reparations and could be made up of biased
members who have a personal stake in the recommendations and
remedies proffered by the Commission.
Steve King.
Gregg Harper.
Appendix
The Subcommittee on Immigration, Citizenship, Refugees,
Border Security, and International Law received the following
additional materials in connection with the March 19, 2009,
hearing entitled: ``The Treatment of Latin Americans of
Japanese Descent, European Americans, and Jewish Refugees
During World War II.''
Signatories to Scholars' Letter of Support: Lane
Hirabayashi, University of California, Los Angeles; Jerry Kang,
University of California, Los Angeles; Tetsuden Kashima,
University of Washington; Daniel Masterson, Naval Academy;
Valerie Matsumoto, University of California, Los Angeles; Don
T. Nakanishi, University of California, Los Angeles; Natsu
Taylor Saito, Georgia State University; Robert L. Tsai,
American University; Greg Robinson, Universite du Quebec A
Montreal; Frank H. Wu, University of Maryland; Sumi Cho, DePaul
University; Louis Fiset, University of Washington; Cynthia Lee,
George Washington University; Judy Yung (Professor Emerita),
University of California, Santa Cruz; Hiroshi Motomura,
University of California, Los Angeles; Robert S. Chang, Seattle
University School of Law; Lisa C. Ikemoto, University of
California, Davis; Gerald P. Lopez, University of California,
Los Angeles; Carol Izumi, George Washington University; Jeffrey
A. Ow, Arizona State University; Roger Daniels (Professor
Emeritus), University of Cincinnati; Craig D. Uchida, George
Mason University; Rita Takahashi, San Francisco State
University; Stephen Mastrofski, George Mason University; Tazuko
Shibusawa, New York University; Jere Takahashi, University of
California, Berkeley; Eric Yamamoto, University of Hawaii;
Karen J. Leong, Arizona State University; Wayne H. Maeda,
California State University, Sacramento; Roshni Rustomji-Kerns
(Professor Emerita), Sonoma State University; R. Benedito
Ferrao, Birkbeck College, University of London; Hatem Bazian,
University of California, Berkeley; Satsuki Ina (Professor
Emeritus), California State University, Sacramento; Roger B.
Parks, Indiana University; Emily S. Ihara, George Mason
University; Max Paul Friedman, American University; John E.
Eck, University of Cincinnati; Bill Ong Hing, University of
California, Davis; Jonathan Y. Okamura, University of Hawaii;
David K. Yoo, Claremont McKenna College; Paul G. Clark, George
Mason University; Stephen S. Fugita, Santa Clara University;
Felix F. Gutierrez, University of Southern California; Sudarat
Musikawong, Willamette University; Brad Yamauchi, Golden Gate
University School of Law; Nelson Nagai, San Joaquin Delta
College; C. Keith Wingate, University of California, Hastings
College of the Law; Naomi Roht-Arriaza, University of
California, Hastings College of the Law; Josephine Lee,
University of Minnesota; Priscilla Wegars, University of Idaho;
Joanne Doi, Franciscan School of Theology; Viet Thanh Nguyen,
University of Southern California; Thomas Kim, Scripps College;
Jane H. Yamashiro, Sophia University; Sue Chan, University of
California, San Francisco; Janelle Wong, University of Southern
California; Wayne H. Cole, Cape Breton University, Sierra
Nevada College; Alan Nishio, California State University, Long
Beach; Akemi Matsumoto, Bellevue Community College; Takeyuki
(Gaku) Tsuda, Arizona State University; Bill Carpenter, City
College of San Francisco; Sabrina Alimahomed, University of
California, Riverside; Rebecca Alvarez, University of
California, Riverside; Meghan Andrew, University of California,
Riverside; Suzel Bozada-Deas, University of Southern
California; Scott Brooks, University of California, Riverside;
Amalia Cabezas, University of California, Riverside; Toi
Carter, East Los Angeles College; Piya Chatterjee, University
of California, Riverside; Mike Chavez, California State
University, Los Angeles; Brianne Davila, University of
California, Santa Barbara; Daniel Diaz, University of
California, Riverside; Jesse Diaz, University of California,
Riverside; Glenda Flores, University of Southern California;
Linda Kim, University of California, Riverside; Zack Knorr,
East Los Angeles College; Patrick Linder, University of
California, Riverside; Alfredo Mirande, University of
California, Riverside; Robert Perez, University of California,
Riverside; Christine Petit, University of California,
Riverside; Ellen Reese, University of California, Riverside;
James Thing, University of Southern California; Shigueru Tsuha,
University of California, Riverside; Jake Wilson, California
State University, Long Beach; James McKeever, University of
Southern California; Shinji Sakai-Egi, University of
California, Riverside; Ming Tu, California State University,
Fullerton; Dolores Ortiz, University of California, Riverside;
Juan Pitones, University of California, Riverside; Jose Lopez,
University of California, Riverside; Erika Gutierrez,
University of California, Riverside; Roy Kwon, University of
California, Riverside; Dennis Egi, Norte De Namur University;
Henry Neiderneier, Colorado University, Boulder; Ruth Sison,
San Jose State University; Vu Pham, University of California,
Los Angeles; Paul Von Blum, University of California, Los
Angeles; Steve On, University of California, Los Angeles;
Pamela Hobbs, University of California, Los Angeles; Susumu
Ito, Harvard University; Erin Hashimoto-Martell, Boston
College; Christopher Martell, Boston University; Rick Bonus,
University of Washington; Ben Kobashigawa, San Francisco State
University; Wesley Ueunten, San Francisco State University;
Linda Vo, University of California, Irvine; Claire Jean Kim,
University of California, Irvine; Glen Mimura, University of
California, Irvine; Sarah Park, College of St. Catherine; Ruben
Rumbaut, University of California, Irvine; Russell Jeung, San
Francisco State University; Eiichiro Azuma, University of
Pennsylvania; Dana Nakano, University of California, Irvine;
Dean Adachi, Claremont Graduate School; Diana Pan, University
of California, Irvine; Kathy Rim, University of California,
Irvine; Rose Cuison Villazor, Southern Methodist University
Dedman School of Law; Donna H. Lee, City University of New York
School of Law; Thomas W. Joo, University of California, Davis
School of Law; Keith H. Hirokawa, Texas Wesleyan School of Law;
Wendy Ho, University of California, Davis; Andrew Chin,
University of North Carolina School of Law; Isao Fujimoto,
University of California, Davis; Taunya Lovell Banks,
University of Maryland School of Law; Carwina Weng, Indiana
University Maurer (Bloomington) School of Law; Cecilia M. Tsu,
University of California, Davis; Roy Yoshio Myose, Wichita
State University; Song Richardson, DePaul University; Gabriel
``Jack'' Chin, University of Arizona, James E. Rogers College
of Law; Jan Ting, Temple University Beasley School of Law; Mark
A. Chinen, Seattle University School of Law; Margaret Chon,
University of Michigan Law School.
Signatories to Organizational Letters of Support: American
Friends Service Committee; American Jewish Committee; American-
Arab Anti-Discrimination Committee; Anti-Defamation League;
Asian American Bar Association of the Greater Bay Area; Asian
American Justice Center; German American National Congress;
Asian American Legal Defense and Education Fund; Asian Law
Alliance; Asian Pacific American Bar Association of Los Angeles
County; Asian Pacific American Bar Association of South
Florida; Asian Pacific American Labor Alliance; AFL-CIO;
Association of Humanitarian Lawyers; Berkeley Fellowship of
Unitarian Universalists; Campaign For Justice: Redress Now For
Japanese Latin Americans!; Congressional Asian Pacific American
Caucus; Council on American-Islamic Relations; Friends
Committee on National Legislation; Global Rights; Human Rights
First; International Association of Official Human Rights
Agencies; Japanese American Bar Association; Japanese American
Citizens League--Berkeley Chapter; Japanese American Citizens
League--Honolulu Chapter; Japanese American Citizens League--
National; Japanese American Citizens League--NCWMP District;
Japanese American Citizens League of San Jose; Japanese
American Citizens League--Pacific Southwest District; Japanese
American Citizens League--San Diego Chapter; Japanese American
Citizens League--Seattle Chapter; Japanese American Citizens
League--SELANOCO Chapter; Japanese American Citizens League--
Ventura County Chapter; Japanese American Living Legacy;
Japanese Peruvian Oral History Project; Korean American Bar
Association of Southern California; Korean American Coalition--
DC Chapter; Korean American Resource & Cultural Center; Korean
Resource Center; Leadership Conference on Civil Rights; League
of United Latin American Citizens; Manzanar Committee;
Mennonite Central Committee Washington Office; Mexican American
Legal Defense and Education Fund; National Advocacy Center of
the Sisters of the Good Shepherd; National Asian Pacific
American Bar Association; National Asian Pacific American
Women's Forum; National Association of Japanese Canadians;
National Coalition for Redress/Reparations--San Francisco;
National Council of La Raza; National Korean American Service &
Education Consortium; NETWORK: A National Catholic Social
Justice Lobby; Nihonmachi Outreach Committee; Nikkei for Civil
Rights & Redress; Orange County Korean American Bar
Association; Organization of Chinese Americans; Presbyterian
Church (U.S.A.) Washington Office; Sikh American Legal Defense
and Education Fund; South Asian Americans Leading Together;
Southern California Chinese Lawyers Association; The Episcopal
Church; The United Church of Christ, Justice and Witness
Ministries; Union for Reform Judaism; Unitarian Universalist
Association of Congregations; United Methodist Church, General
Board of Church and Society; Washington Office on Latin
America; Young Korean American Service and Education Center;
Asian Pacific Islander Justice Coalition; Asian American
Recovery Services; Asian American Women's Alliance; Asian Law
Alliance; Asian Pacific American Leadership Institute; Asian
Pacific Bar Association; Cambodian American Resource Agency;
Contemporary Asian Theatre Scene; Filipino National History
Society, Santa Clara Chapter; Filipino Youth Coalition;
Japantown Community Congress of San Jose; Korean American Bar
Association of Northern California; Korean American Community
Services, Inc.; Maitri; MALAYA; Organization of Chinese
Americans; Silicon Valley; South Bay First Thursdays; Southeast
Asia Community Center; Vision New America; Vietnamese Voluntary
Foundation; Yu-Ai-Kai; International Children Assistance
Network; Akbayan; Vietnamese American Bar Association of
Northern California.
Stories: Ursula V. Potter, Searching for Erich Braemer--
Interned Father of Fred Braemer, Jimmy Doolittle's Navigator;
Paul Grayber, The Grayber Family Story; Guther Graber with
assistance from Karen Ebel, The Graber Family Story; Arthur D.
Jacobs, Major, USAF Retired, The Prison Called Hohenasperg: An
American Boy Betrayed By His Government During World War II;
Max Paul Friedman, Department of History, American University,
The Deportation and Internment of Germans, Japanese, and
Italians from Latin America During World War II; John Heitmann,
Ph.D., World War II German Enemy Alien Case Study: Alfred and
Caroline Heitmann; Deborah McCarty Smith, Internment: German
Americans; John Eric Schmitz, Enemies Among Us: The Relocation,
Internment, and Repatriation of German, Italian, and Japanese
Americans During the Second World War; John Schmitz, The
Schmitz Family Story; Kimberly Contag, Ph.D., The Relocation of
a German-Ecuadorian Family in World War II: The Americans Clean
House; Rudy A. Dimmling; The Reseneder Family Internment Story;
Lawrence DiStasi, Project Director, Una Storia Segreta: When
Italian Americans Were ``Enemy Aliens;'' Gertrude Anna
Schneider and Paul Schneider, as told to Vilma Schneider
Ralston, A Mother Interned, A Family Left Behind; Jo Anna
Wartemann, The Internment of Wilhelm and Anna Wartemann and
Family; Bob Wilbanks, Last Man Out: Glenn McDole, USMC,
Survivor of the Palawan Massacre in World War II; Heidi Gurcke
Donald, author of We Were Not the Enemy: Remembering the United
States' Latin-American Civilian Internment Program of World War
II; Anneliese ``Lee'' Krauter, From the Heart's Closet: A Young
Girl's World War II Story; David D. Lowman, Magic: The Untold
Story of U.S. Intelligence and the Evacuation of Japanese
Residents from the West Coast during WWII; John Christgau,
Enemies: World War II Alien Internment.
Testimonies: Josef Baumgartner; Hildegard Maria Mantel
Gordon; Theodore A. Eckardt; Frieda Ahrens; Shirley A. Weiss;
Eileen P. Kelly; Lothar Eiserloh; Helga (Renner) Emde; Jose
Antonio Gomez Iturralde; Pietro Tosi.
Editorials and Op-Eds: Hon. Xavier Becerra and Hon. Dan
Lungren, Justice for the Forgotten, Washington Post, Feb. 19,
2007 at A19; Japanese Latinos: The Forgotten Internees, Los
Angeles Times, Mar. 18, 2007.