January 6, 2009 CONGRESSIONAL RECORD — SENATE S71 

Civil Liberties Act of 1988 (50 U.S.C. App. 

1989b et seq.), which formally apologized and 

provided compensation payments to former 

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 (referred to in this Act 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 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 enactment of 

this Act; or 

(B) 30 days after the date of 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. 

(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 facts and 

circumstances surrounding the United 

States’ 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 

(B) in investigating those facts and circumstances, to review directives of the 

United States armed forces and the Department of State requiring 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 preliminary findings by the 

original Commission and new discoveries. 

(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 Congress, which shall contain findings resulting 

from the investigation conducted under subsection (a)(1) and 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 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 subpoenaed person 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. 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 subpoenaed 

to appear at any hearing of the Commission. 

The per diem and mileage allowances 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) COMPENSATION OF MEMBERS.—Each 

member of the Commission who is not an officer or employee of the Federal Government 

shall be compensated at a rate equal to the 

daily equivalent of the annual rate of basic 

pay prescribed for level IV of the Executive 

Schedule under section 5315 of title 5, United 

States Code, for each day (including travel 

time) during which such member is engaged 

in the performance of the duties of the Commission. All members of the Commission 

who are officers or employees of the United 

States shall serve without compensation in 

addition to that received for their services as 

officers or employees of the United States. 

(b) 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 services for the Commission. 

(c) 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. 

(d) DETAIL OF GOVERNMENT EMPLOYEES.— 

Any Federal Government employee may be 

detailed to the Commission without reimbursement, and such detail shall be without 

interruption or loss of civil service status or 

privilege. 

(e) 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. 

(f) 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, or local agencies, or private institutions or 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 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. 

By Mr. INOUYE: 

S. 70. A bill to restore the traditional 

day of observance of Memorial Day, 

and for other purposes; to the Committee on the Judiciary. 

Mr. INOUYE. Mr. President, in our 

effort to accommodate many Americans by making Memorial Day the last 

Monday in May, we have lost sight of 

the significance of this day to our Nation. My bill would restore Memorial 

Day to May 30 and authorize our flag to 

fly at half mast on that day. In addition, this legislation would authorize 

the President to issue a proclamation 


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S72 CONGRESSIONAL RECORD — SENATE January 6, 2009 

designating Memorial Day and Veterans Day as days for prayer and ceremonies. This legislation would help restore the recognition our veterans deserve for the sacrifices they have made 

on behalf of our Nation. 

Mr. President, I ask unanimous consent that the text of the bill be printed 

in the RECORD. 

There being no objection, the text of 

the bill was ordered to be printed in 

the RECORD, as follows: 

S. 70 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. RESTORATION OF TRADITIONAL DAY 

OF OBSERVANCE OF MEMORIAL 

DAY. 

(a) DESIGNATION OF LEGAL PUBLIC HOLIDAY.—Section 6103(a) of title 5, United States 

Code, is amended by striking ‘‘Memorial 

Day, the last Monday in May.’’ and inserting 

the following: 

‘‘Memorial Day, May 30.’’. 

(b) OBSERVANCES AND CEREMONIES.—Section 116 of title 36, United States Code, is 

amended— 

(1) in subsection (a), by striking ‘‘The last 

Monday in May’’ and inserting ‘‘May 30’’; 

and 

(2) in subsection (b)— 

(A) by striking ‘‘and’’ at the end of paragraph (3); 

(B) by redesignating paragraph (4) as paragraph (5); and 

(C) by inserting after paragraph (3) the following: 

‘‘(4) calling on the people of the United 

States to observe Memorial Day as a day of 

ceremonies to show respect for United States 

veterans of wars and other military conflicts; and’’. 

(c) DISPLAY OF FLAG.—Section 6(d) of title 

4, United States Code, is amended by striking ‘‘the last Monday in May;’’ and inserting 

‘‘May 30;’’. 

By Mr. INOUYE (for himself and 

Mr. AKAKA): 

S. 72. A bill to reauthorize the programs of the Department of Housing 

and Urban Development for housing assistance for Native Hawaiians; to the 

Committee on Indian Affairs. 

Mr. INOUYE. Mr. President, I rise to 

introduce a bill to reauthorize Title 

VIII of the Native American Housing 

Assistance and Self-Determination 

Act. Senator AKAKA joins me in sponsoring this measure. Title VIII provides 

authority for the appropriation of 

funds for the construction of low-income housing for native Hawaiians and 

further provides authority for access to 

loan guarantees associated with the 

construction of housing to serve native 

Hawaiians. 

Three studies have documented the 

acute housing needs of native Hawaiians—which include the highest rates 

of overcrowding and homelessness in 

the State of Hawaii. Those same studies indicate that inadequate housing 

rates for Native Hawaiians are 

amongst the highest in the Nation. 

The reauthorization of Title VIII will 

support the continuation of efforts to 

assure that the native people of Hawaii 

may one day have access to housing opportunities that are comparable to 

those now enjoyed by other Americans. 

Mr. President, I would ask unanimous consent that the text of the bill 

be printed in the RECORD. 

There being no objection, the text of 

the bill was ordered to be printed in 

the RECORD, as follows: 

S. 72 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Hawaiian 

Homeownership Opportunity Act of 2009’’. 

SEC. 2. AUTHORIZATION OF APPROPRIATIONS 

FOR HOUSING ASSISTANCE. 

Section 824 of the Native American Housing Assistance and Self-Determination Act 

of 1996 (25 U.S.C. 4243) is amended by striking 

‘‘fiscal years’’ and all that follows and inserting the following: ‘‘fiscal years 2009, 2010, 

2011, 2012, and 2013.’’. 

SEC. 3. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING. 

Section 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 

1715z–13b) is amended— 

(1) in subsection (b), by striking ‘‘or as a 

result of a lack of access to private financial 

markets’’; 

(2) in subsection (c), by striking paragraph 

(2) and inserting the following: 

‘‘(2) ELIGIBLE HOUSING.—The loan will be 

used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are— 

‘‘(A) standard housing; and 

‘‘(B) located on Hawaiian Home Lands.’’; 

and 

(3) in subsection (j)(7), by striking ‘‘fiscal 

years’’ and all that follows through the end 

of the paragraph and inserting the following: 

‘‘fiscal years 2009, 2010, 2011, 2012, and 2013.’’. 

SEC. 4. ELIGIBILITY OF DEPARTMENT OF HAWAIIAN HOME LANDS FOR TITLE VI 

LOAN GUARANTEES. 

Title VI of the Native American Housing 

Assistance and Self-Determination Act of 

1996 (25 U.S.C. 4191 et seq.) is amended— 

(1) in the title heading, by inserting ‘‘AND 

NATIVE HAWAIIAN’’ after ‘‘TRIBAL’’; 

(2) in section 601 (25 U.S.C. 4191)— 

(A) in subsection (a)— 

(i) by striking ‘‘or tribally designated 

housing entities with tribal approval’’ and 

inserting ‘‘, by tribally designated housing 

entities with tribal approval, or by the Department of Hawaiian Home Lands,’’; and 

(ii) by inserting ‘‘or 810, as applicable,’’ 

after ‘‘section 202’’ ; and 

(B) in subsection (c), by inserting ‘‘or title 

VIII, as applicable’’ before the period at the 

end; 

(3) in section 602 (25 U.S.C. 4192)— 

(A) in subsection (a)— 

(i) in the matter preceding paragraph (1), 

by striking ‘‘or housing entity’’ and inserting ‘‘, housing entity, or Department of Hawaiian Home Lands’’; and 

(ii) in paragraph (3)— 

(I) by inserting ‘‘or Department’’ after 

‘‘tribe’’; 

(II) by inserting ‘‘or title VIII, as applicable,’’ after ‘‘title I’’; and 

(III) by inserting ‘‘or 811(b), as applicable’’ 

before the semicolon at the end; and 

(B) in subsection (b)(2), by striking ‘‘or 

housing entity’’ and inserting ‘‘, housing entity, or the Department of Hawaiian Home 

Lands’’; 

(4) in the first sentence of section 603 (25 

U.S.C. 4193), by striking ‘‘or housing entity’’ 

and inserting ‘‘, housing entity, or the Department of Hawaiian Home Lands’’; and 

(5) in section 605(b) (25 U.S.C. 4195(b)), by 

striking ‘‘1997 through 2007’’ and inserting 

‘‘2009 through 2013’’. 

By Mrs. FEINSTEIN: 

S. 73. A bill to establish a systematic 

mortgage modification program at the 

Federal Deposit Insurance Corporation, 

and for other purposes; to the Committee on Banking, Housing, and 

Urban Affairs. 

Mrs. FEINSTEIN. Mr. President, I 

rise today to introduce legislation that 

will limit foreclosures and stabilize 

home values through Federal loan 

guarantees and standardized procedures for mortgage workout agreements. 

The Systematic Foreclosure Prevention and Mortgage Modification Act 

would implement the foreclosure prevention plan developed by Federal Deposit Insurance Corporation, FDIC, 

Chairman Sheila Bair. 

There are three key components of 

this legislation. 

Servicers would be incentivized to 

modify mortgages, receiving $1,000 to 

help cover the costs of each loan modification; the Federal Government 

would share up to 50 percent of any loss 

should the homeowner default after receiving a modification; and participating servicers would be required to 

systematically review and modify all 

suitable loans in their portfolios, applying a standard calculation to help 

expedite loan modifications as cost-effectively as possible. 

The FDIC estimates that roughly 2.2 

million home loans, worth $444 billion, 

could be modified under this plan, with 

1.5 million foreclosures avoided. 

This legislation is projected to cost 

at least $25 billion; however, no additional spending is necessary. 

This effort would be funded solely 

through the Troubled Assets Relief 

Program, TARP, to ensure that one of 

the core objectives of the bill, assistance to homeowners, is achieved. 

The foreclosure crisis and declining 

housing market remain at the epicenter of the economic challenges we 

face. And, although the Federal Government has taken unprecedented steps 

to address this problem, they have not 

been sufficient. 

Foreclosures are in the best interest 

of no one. 

Neighborhoods are decimated when 

homes are repossessed or left vacant, 

property values decline, local economies suffer, and crime often increases 

in blighted areas. Lenders must sustain 

the costs of foreclosure and are left 

with the burden of reselling properties 

in a distressed market. 

Homeowners are forced to give up on 

the American dream, and in some 

cases, tenants are forced out of homes 

they have been renting. 

To date, no TARP funds have been allocated by Treasury to directly address 

the foreclosure crisis. 

This must change, and it must 

change now. 

According to the FDIC, the pace of 

loan modifications continues to be very 

slow, with only 4 percent of troubled 

mortgages being modified to prevent 

foreclosures each month. 

A systematic approach is needed to 

expedite this process. The FDIC has 


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