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Union Calendar No. 396 

111TH CONGRESS 

2D SESSION H. R. 42 

[Report No. 111–666] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. BECERRA introduced the following bill; which was referred to the 

Committee on the Judiciary 

NOVEMBER 30, 2010 

Additional sponsors: Mr. HONDA, Ms. BORDALLO, Mr. FALEOMAVAEGA, Mr. 

SABLAN, Mr. GRIJALVA, Ms. MATSUI, Mr. ISSA, Ms. JACKSON LEE of 

Texas, Mr. ABERCROMBIE, Mr. AL GREEN of Texas, Mr. DANIEL E. 

LUNGREN of California, Mr. STARK, Ms. HIRONO, Mr. GUTIERREZ, Mr. 

BERMAN, and Mr. PIERLUISI

NOVEMBER 30, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 6, 2009] 


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A BILL 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Commission on Wartime 

5 Relocation and Internment of Latin Americans of Japanese 

6 Descent Act’’. 

7 SEC. 2. FINDINGS AND PURPOSE. 

8 (a) FINDINGS.—Based on a preliminary study pub9 lished in December 1982 by the Commission on Wartime 

10 Relocation and Internment of Civilians, Congress finds the 

11 following: 

12 (1) During World War II, the United States ex13 panded its internment program and national security 

14 investigations to conduct the program and investiga15 tions in Latin America. 

16 (2) Approximately 2,300 men, women, and chil17 dren of Japanese descent were relocated from their 

18 homes in Latin America, detained in internment 

19 camps in the United States, and in some cases, de20 ported to Axis countries to enable the United States 

21 to conduct prisoner exchanges. 

22 (3) The Commission on Wartime Relocation and 

23 Internment of Civilians studied Federal actions con24 ducted pursuant to Executive Order 9066 (relating to 

25 authorizing the Secretary of War to prescribe miliVerDate Mar 15 2010 21:36 Nov 30, 2010 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H42.RH H42

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1 tary areas). Although the United States program of 

2 interning Latin Americans of Japanese descent was 

3 not conducted pursuant to Executive Order 9066, an 

4 examination of that extraordinary program is nec5 essary to establish a complete account of Federal ac6 tions to detain and intern civilians of enemy or for7 eign nationality, particularly of Japanese descent. Al8 though historical documents relating to the program 

9 exist in distant archives, the Commission on Wartime 

10 Relocation and Internment of Civilians did not re11 search those documents. 

12 (4) Latin American internees of Japanese de13 scent were a group not covered by the Civil Liberties 

14 Act of 1988 (50 U.S.C. App. 1989b et seq.), which for15 mally apologized and provided compensation pay16 ments to Japanese Americans interned pursuant to 

17 Executive Order 9066. 

18 (b) PURPOSE.—The purpose of this Act is to establish 

19 a fact-finding commission to extend the study of the Com20 mission on Wartime Relocation and Internment of Civil21 ians to investigate and determine facts and circumstances 

22 surrounding the relocation, internment, and deportation to 

23 Axis countries of Latin Americans of Japanese descent from 

24 December 1941 through February 1948, and the impact of 

25 those actions by the United States, and to recommend apVerDate Mar 15 2010 21:36 Nov 30, 2010 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H42.RH H42

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1 propriate remedies, if any, based on preliminary findings 

2 by the original Commission and new discoveries. 

3 SEC. 3. ESTABLISHMENT OF THE COMMISSION. 

4 (a) IN GENERAL.—There is established the Commis5 sion on Wartime Relocation and Internment of Latin 

6 Americans of Japanese descent (in this Act referred to as 

7 the ‘‘Commission’’). 

8 (b) COMPOSITION.—The Commission shall be composed 

9 of 9 members, who shall be appointed not later than 60 

10 days after the date of the enactment of this Act, of whom— 

11 (1) 3 members shall be appointed by the Presi12 dent; 

13 (2) 3 members shall be appointed by the Speaker 

14 of the House of Representatives, on the joint rec15 ommendation of the majority leader of the House of 

16 Representatives and the minority leader of the House 

17 of Representatives; and 

18 (3) 3 members shall be appointed by the Presi19 dent pro tempore of the Senate, on the joint rec20 ommendation of the majority leader of the Senate and 

21 the minority leader of the Senate. 

22 (c) PERIOD OF APPOINTMENT; VACANCIES.—Members 

23 shall be appointed for the life of the Commission. A vacancy 

24 in the Commission shall not affect its powers, but shall be 


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1 filled in the same manner as the original appointment was 

2 made. 

3 (d) MEETINGS.— 

4 (1) FIRST MEETING.—The President shall call 

5 the first meeting of the Commission not later than the 

6 later of— 

7 (A) 60 days after the date of the enactment 

8 of this Act; or 

9 (B) 30 days after the date of the enactment 

10 of legislation making appropriations to carry 

11 out this Act. 

12 (2) SUBSEQUENT MEETINGS.—Except as pro13 vided in paragraph (1), the Commission shall meet at 

14 the call of the Chairperson of the Commission. 

15 (e) QUORUM.—Five members of the Commission shall 

16 constitute a quorum, but a lesser number of members may 

17 hold hearings. 

18 (f) CHAIRPERSON AND VICE CHAIRPERSON.—The 

19 Commission shall elect a Chairperson and Vice Chairperson 

20 from among its members. The Chairperson and Vice Chair21 person shall serve for the life of the Commission. 

22 SEC. 4. DUTIES OF THE COMMISSION. 

23 (a) IN GENERAL.—The Commission shall— 

24 (1) extend the study of the Commission on War25 time Relocation and Internment of Civilians, estabVerDate Mar 15 2010 21:36 Nov 30, 2010 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H42.RH H42

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1 lished by the Commission on Wartime Relocation and 

2 Internment of Civilians Act— 

3 (A) to investigate and determine the facts 

4 and circumstances surrounding the relocation, 

5 internment, and deportation to Axis countries, 

6 by the United States, of Latin Americans of Jap7 anese descent during the period beginning De8 cember 7, 1941, and ending February 28, 1948, 

9 and the impact of those actions by the United 

10 States; and 

11 (B) in investigating those facts and cir12 cumstances, to review directives of the United 

13 States Armed Forces and the Department of 

14 State, and other relevant information and docu15 ments, relating to the relocation, detention in in16 ternment camps, and deportation to Axis coun17 tries of Latin Americans of Japanese descent; 

18 and 

19 (2) recommend appropriate remedies, if any, 

20 based on the findings of the Commission and the pre21 liminary findings by the Commission on Wartime 

22 Relocation and Internment of Civilians. 

23 (b) REPORT.—Not later than 1 year after the date of 

24 the first meeting of the Commission pursuant to section 

25 3(d)(1), the Commission shall submit a written report to 


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1 the Congress containing the findings resulting from the in2 vestigation conducted under subsection (a)(1) and any rec3 ommendations described in subsection (a)(2). 

4 SEC. 5. POWERS OF THE COMMISSION. 

5 (a) HEARINGS.—The Commission or, at its direction, 

6 any subcommittee or member of the Commission, may, for 

7 the purpose of carrying out this Act— 

8 (1) hold such public hearings in such cities and 

9 countries, sit and act at such times and places, take 

10 such testimony, receive such evidence, and administer 

11 such oaths as the Commission or such subcommittee 

12 or member considers advisable; and 

13 (2) require, by subpoena or otherwise, the attend14 ance and testimony of such witnesses and the produc15 tion of such books, records, correspondence, memo16 randa, papers, documents, tapes, and materials as the 

17 Commission or such subcommittee or member con18 siders advisable. 

19 (b) ISSUANCE AND ENFORCEMENT OF SUBPOENAS.— 

20 (1) ISSUANCE.—Subpoenas issued under sub21 section (a) shall be approved by a majority of the 

22 members present at a meeting, shall bear the signa23 ture of the Chairperson of the Commission, and shall 

24 be served by any person or class of persons designated 

25 by the Chairperson for that purpose. 


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1 (2) ENFORCEMENT.—In the case of contumacy or 

2 failure to obey a subpoena issued under subsection 

3 (a), the United States district court for the judicial 

4 district in which the person who is served the sub5 poena resides, is served, or may be found may issue 

6 an order requiring such person to appear at any des7 ignated place to testify or to produce documentary or 

8 other evidence required by the subpoena. Any failure 

9 to obey the order of the court may be punished by the 

10 court as a contempt of that court. 

11 (c) WITNESS ALLOWANCES AND FEES.—Section 1821 

12 of title 28, United States Code, shall apply to witnesses re13 quested or required by subpoena to appear at any hearing 

14 of the Commission. The per diem and mileage allowances 

15 provided under such section for witnesses shall be paid from 

16 funds available to pay the expenses of the Commission. 

17 (d) INFORMATION FROM FEDERAL AGENCIES.—The 

18 Commission may secure directly from any Federal depart19 ment or agency such information as the Commission con20 siders necessary to perform its duties. Upon request of the 

21 Chairperson of the Commission, the head of such depart22 ment or agency shall furnish such information to the Com23 mission. 

24 (e) POSTAL SERVICES.—The Commission may use the 

25 United States mails in the same manner and under the 


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1 same conditions as other departments and agencies of the 

2 Federal Government. 

3 SEC. 6. PERSONNEL AND ADMINISTRATIVE PROVISIONS. 

4 (a) TRAVEL EXPENSES.—The members of the Commis5 sion shall be allowed travel expenses, including per diem 

6 in lieu of subsistence, at rates authorized for employees of 

7 agencies under subchapter I of chapter 57 of title 5, United 

8 States Code, while away from their homes or regular places 

9 of business in the performance of their duties for the Com10 mission. 

11 (b) STAFF.— 

12 (1) IN GENERAL.—The Chairperson of the Com13 mission may, without regard to the civil service laws 

14 and regulations, appoint and terminate the employ15 ment of such personnel as may be necessary to enable 

16 the Commission to perform its duties. 

17 (2) COMPENSATION.—The Chairperson of the 

18 Commission may fix the compensation of the per19 sonnel without regard to chapter 51 and subchapter 

20 III of chapter 53 of title 5, United States Code, relat21 ing to classification of positions and General Schedule 

22 pay rates, except that the rate of pay for the per23 sonnel may not exceed the rate payable for level V of 

24 the Executive Schedule under section 5316 of such 

25 title. 


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1 (c) DETAIL OF GOVERNMENT EMPLOYEES.—Any em2 ployee of the Federal Government may be detailed to the 

3 Commission without reimbursement, and such detail shall 

4 be without interruption or loss of civil service status or 

5 privilege. 

6 (d) PROCUREMENT OF TEMPORARY AND INTERMIT7 TENT SERVICES.—The Chairperson of the Commission may 

8 procure temporary and intermittent services under section 

9 3109(b) of title 5, United States Code, at rates for individ10 uals that do not exceed the daily equivalent of the annual 

11 rate of basic pay prescribed for level V of the Executive 

12 Schedule under section 5316 of such title. 

13 (e) OTHER ADMINISTRATIVE MATTERS.—The Commis14 sion may— 

15 (1) enter into agreements with the Administrator 

16 of General Services to procure necessary financial 

17 and administrative services; 

18 (2) enter into contracts to procure supplies, serv19 ices, and property; and 

20 (3) enter into contracts with Federal, State, and 

21 local agencies, and private institutions and organiza22 tions, for the conduct of research or surveys, the prep23 aration of reports, and other activities necessary to 

24 enable the Commission to perform its duties. 


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1 SEC. 7. TERMINATION. 

2 The Commission shall terminate 90 days after the date 

3 on which the Commission submits its report to the Congress 

4 under section 4(b). 

5 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—There are authorized to be appro7 priated such sums as may be necessary to carry out this 

8 Act. 

9 (b) AVAILABILITY.—Any sums appropriated under the 

10 authorization contained in this section shall remain avail11 able, without fiscal year limitation, until expended. 


hsrobinson on DSK69SOYB1PROD with BILLS

hsrobinson on DSK69SOYB1PROD with BILLS
Union Calendar No. 396 

111TH CONGRESS 

2D SESSION H. R. 42 

[Report No. 111–666] 

A BILL 

To establish a fact-finding Commission to extend 

priate remedies, and for other purposes. the United States, and to recommend approruary 1948, and the impact of those actions by anese descent from December 1941 through Febtion to Axis countries of Latin Americans of Japrounding the relocation, internment, and deportaand determine facts and circumstances surthe study of a prior Commission to investigate 

NOVEMBER 30, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


hsrobinson on DSK69SOYB1PROD with BILLS