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[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\
---------------------------------------------------------------------------
    \1\H.R. 42 (The Commission on Wartime Relocation and Internment of 
Latin Americans of Japanese Descent Act).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.

                                  
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