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108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-410

======================================================================

 
  SUPPORTING THE GOALS OF THE JAPANESE AMERICAN, GERMAN AMERICAN, AND 
     ITALIAN AMERICAN COMMUNITIES IN RECOGNIZING A NATIONAL DAY OF 
REMEMBRANCE TO INCREASE PUBLIC AWARENESS OF THE EVENTS SURROUNDING THE 
  RESTRICTION, EXCLUSION, AND INTERNMENT OF INDIVIDUALS AND FAMILIES 
                          DURING WORLD WAR II

                                _______
                                

  February 3, 2004.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 56]

                  [Including Committee Cost Estimate]

    The Committee on the Judiciary, to whom was referred the 
resolution (H. Res. 56) supporting the goals of the Japanese 
American, German American, and Italian American communities in 
recognizing a National Day of Remembrance to increase public 
awareness of the events surrounding the restriction, exclusion, 
and internment of individuals and families during World War II, 
having considered the same, reports favorably thereon without 
amendment and recommends that the resolution be agreed to.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     4
Committee Consideration..........................................     4
Vote of the Committee............................................     4
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     4
Committee Cost Estimate..........................................     4
Performance Goals and Objectives.................................     4
Constitutional Authority Statement...............................     4
Section-by-Section Analysis and Discussion.......................     5
Changes in Existing Law Made by the Bill, as Reported............     5
Markup Transcript................................................     5

                          Purpose and Summary

    H. Res. 56 provides that the House of Representatives 
recognizes the historical significance of February 19, 1942, 
the date Executive Order 9066 was signed by President 
Roosevelt. The resolution also supports the goals of the 
Japanese American, German American, and Italian American 
communities in recognizing a National Day of Remembrance to 
increase public awareness of these events.

                Background and Need for the Legislation

    On February 19, 1942, President Roosevelt signed Executive 
Order 9066. This Executive Order is among the most 
controversial in American history.\1\ In the Executive Order, 
President Roosevelt stated:
---------------------------------------------------------------------------
    \1\ E.O. 9066, 7 Fed. Reg. 1407 (1942), codified as 56 Stat. 173 
(1942).

        I hereby authorize and direct the Secretary of War, and 
        the Military Commanders whom he may from time to time 
        designate, whenever he or any designated Commander 
        deems such actions necessary or desirable, to prescribe 
        military areas in such places and of such extent as he 
        or the appropriate Military Commanders may determine, 
        from which any or all persons may be excluded, and with 
        such respect to which, the right of any person to 
        enter, remain in, or leave shall be subject to whatever 
        restrictions the Secretary of War or the appropriate 
        Military Commander may impose in his discretion. The 
        Secretary of War is hereby authorized to provide for 
        residents of any such area who are excluded therefrom, 
        such transportation, food, shelter, and other 
        accommodations as may be necessary, in the judgement of 
        the Secretary of War or the said Military Commander, 
        and until other arrangements are made, to accomplish 
        the purpose of this order.\2\
---------------------------------------------------------------------------
    \2\ Id.

    Shortly thereafter, all American citizens of Japanese 
descent were prohibited from living, working or traveling on 
the West Coast of the United States. The same prohibition 
applied to the generation of Japanese immigrants who, pursuant 
to Federal law and despite long residence in the United States, 
were not permitted to become American citizens. Initially, this 
exclusion was to be carried out by ``voluntary'' relocation. 
That policy inevitably failed, and these American citizens and 
their alien parents were removed by the Army, first to 
``assembly centers''--temporary quarters at racetracks and 
fairgrounds--and then to ``relocation centers''--barrack camps 
mostly in desolate areas of the West. Many of those removed 
from the West Coast were eventually allowed to leave the camps 
to join the Army, go to college outside the West Coast, or to 
whatever private employment was available. For a large number, 
however, the war years were spent behind barbed wire; and for 
those who were released, the prohibition against returning to 
their homes and occupations on the West Coast was not lifted 
until December, 1944. Executive Order 9066 ultimately led to 
the detention of 120,000 Japanese Americans and Japanese 
residents of the United States.
    Executive Order 9066 also formed the legal basis for 
depriving Italian and German Americans and residents of their 
civil liberties. Italian Americans were taken into custody 
following the attack on Pearl Harbor and prior to the United 
States declaration of war against Italy. While not interned in 
relocation centers, Italian Americans were expelled from 
designated areas under the United States Army's ``Individual 
Exclusion Program,'' subject to curfews, and arrested for 
carrying items such as short wave radios. In addition, Italian 
American fishermen were prevented from fishing in prohibited 
zones and were therefore unable to pursue their livelihoods. 
German Americans suffered similar civil liberties violations.
    While the constitutionality of Executive Order 9066 was 
subsequently upheld by the Supreme Court,\3\ President Gerald 
Ford formally rescinded Executive Order 9066 on February 19, 
1976. Congress subsequently adopted legislation signed by 
President Jimmy Carter on July 31, 1980, establishing the 
Commission on Wartime Relocation and Internment of Civilians, 
to investigate the claim that the incarceration of Japanese 
Americans and legal resident aliens during World War II was 
justified by military necessity. The Commission conducted 20 
days of hearings in and received testimony from over 750 
witnesses, and published its findings in a report entitled 
``Personal Justice Denied.'' The Commission concluded that the 
Executive Order 9066 was not justified by military necessity, 
and that the decision to issue the order was shaped by race 
prejudice, war hysteria, and a failure of political 
leadership.\4\
---------------------------------------------------------------------------
    \3\ See Korematsu v. United States, 323 U.S. 214 (1944).
    \4\ See Personal Justice Denied: The Report of the Commission on 
Wartime Relocation and Internment of Civilians, Part 1 of 2 (Government 
Printing Office (1982).
---------------------------------------------------------------------------
    President Reagan signed the ``Civil Liberties Act of 
1988,'' to formally acknowledge and apologize for ``fundamental 
violations of the basic civil liberties and constitutional 
rights of these individuals of Japanese ancestry.'' \5\ The 
Civil Liberties Act of 1988 established the Civil Liberties 
Public Education Fund to sponsor research and public 
educational activities and to publish and distribute the 
hearings, findings, and the recommendations of the Commission 
on Wartime Relocation and Internment of Civilians so the events 
surrounding the exclusion, forced removal, and internment of 
civilians and permanent resident aliens of Japanese ancestry 
will be remembered and understood.
---------------------------------------------------------------------------
    \5\ P.L. No. 100-383 (1988).
---------------------------------------------------------------------------
    In 2000, President Clinton signed the ``Wartime Violation 
of Italian Americans Civil Liberties Act.'' \6\ This 
legislation required the Department of Justice to submit a 
detailed report on the types of civil liberties violations that 
occurred, as well as lists of individuals of Italian ancestry 
that were arrested, detained, and interned. \7\ The legislation 
also formally acknowledged civil liberties violations against 
Italian Americans committed during World War II. On November 7, 
2001, the Attorney General submitted the report to Congress,\8\ 
detailing wartime restrictions on persons of Italian ancestry, 
and on November 27, the House Judiciary Committee released the 
report required by the legislation.
---------------------------------------------------------------------------
    \6\ P.L. No. 106-451 (2000).
    \7\ See id.
    \8\ See U.S. Department of Justice, Report to the Congress of the 
United States: A Review of the Restrictions on Persons of Italian 
Ancestry During World War II (November 2001).
---------------------------------------------------------------------------
    The Japanese American community presently recognizes a 
National Day of Remembrance on February 19 of each year to 
educate the public about the internment. H. Res. 56 reaffirms 
the importance of this day. Specifically, the resolution states 
that the House of Representatives recognizes the historical 
significance of February 19, 1942, the date Executive Order 
9066 was signed by President Roosevelt. The resolution also 
supports the goals of the Japanese American, German American, 
and Italian American communities in recognizing a National Day 
of Remembrance to increase public awareness of these events.

                                Hearings

    No hearings were held on H. Res. 56.

                        Committee Consideration

    On January 28, 2004, the Committee met in open session and 
ordered favorably reported the resolution H. Res. 56 by voice 
vote, a quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of Rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during its consideration of H. Res. 56.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of Rule XIII of the Rules 
of the House of Representatives, the Committee reports 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.

                        Committee Cost Estimate

    In compliance with clause 3(d)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee believes that 
the resolution will have no cost.

                    Performance Goals and Objectives

    H. Res. 56 does not authorize funding. Therefore, clause 
3(c)(4) of Rule XIII of the Rules of the House of 
Representatives is inapplicable.

                   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.

               Section-by-Section Analysis and Discussion

    H. Res. 56 states that the House of Representatives 
recognizes the historical significance of February 19, 1942, 
the date Executive Order 9066 was signed by President 
Roosevelt. The resolution also supports the goals of the 
Japanese American, German American, and Italian American 
communities in recognizing a National Day of Remembrance to 
increase public awareness of these events.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of Rule XIII of the Rules of 
the House of Representatives, the Committee notes H. Res. 56 
makes no changes to existing law.

                           Markup Transcript



                            BUSINESS MEETING

                      WEDNESDAY, JANUARY 28, 2004

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:04 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    [Intervening business.]
    Chairman Sensenbrenner. The last item on the agenda, 
pursuant to notice, I now call up House Resolution 56, 
supporting the goals of the Japanese American, German American, 
and Italian American communities in recognizing a National Day 
of Remembrance to increase public awareness of the events 
surrounding the restriction, exclusion, and internment of 
individuals and families during World War II.
    For purposes of markup I move its favorable recommendation 
to the House.
    Without objection, the resolution will be considered as 
read and open for amendment at any point.
    [The resolution, H. Res. 56, follows:]
      
      

  


      
      

  


      
      

  


      
      

  


    Chairman Sensenbrenner. The Chair recognizes the gentleman 
from Ohio, Mr. Chabot, the Chairman of the Subcommittee on the 
Constitution, for a brief 5 minutes to summarize his 
explanation of the bill.
    Mr. Chabot. Mr. Chairman, I will be brief.
    On February 19, 1942, President Roosevelt signed Executive 
Order 9066. Shortly afterward, American citizens of Japanese 
descent and Japanese residents of the United States were 
prohibited from living, working, or traveling on the west coast 
of the United States. Executive Order 9066 ultimately led to 
the detention of 120,000 Japanese Americans and residents, most 
of whom did not see freedom until the closing days of World War 
II.
    Executive Order 9066 also resulted in restrictions upon the 
civil liberties of Italian and German Americans residing in the 
United States during World War II, including Government-imposed 
curfews, prohibitions on items considered to be contraband by 
military authorities, and seizures of personal property.
    President Ford formally rescinded Executive Order 9066 in 
1976. In his proclamation repealing this Executive Order 
President Ford stated, ``I call upon the American people to 
affirm with me this American promise: that we have learned from 
the tragedy of that long-ago experience, forever to treasure 
liberty and justice for each individual American, and resolve 
that this kind of action shall never again be repeated.''
    President Reagan signed the Civil Liberties Act of 1988 to 
formally acknowledge and apologize for fundamental violations 
of the basic civil liberties and constitutional rights of these 
individuals of Japanese ancestry. When signing the legislation, 
President Reagan stated, ``Here we admit a wrong. Here we 
affirm our commitment as a Nation to equal justice under the 
law.''
    In 2000, President Clinton signed the Wartime Violation of 
Italian American Civil Liberties Act which formally 
acknowledged civil liberties violations against Italian 
Americans committed during World War II.
    The Japanese American community presently recognizes a 
National Day of Remembrance on February 19 of each year to 
educate the public about the internment. House Resolution 56, 
this resolution, reaffirms the importance of this day. The 
resolution also supports the goals of the Japanese American, 
German American, and Italian American communities in 
recognizing a National Day of Remembrance to increase public 
awareness of the events surrounding this period of our Nation's 
history.
    I urge support of this resolution, and I yield back the 
balance of my time.
    Chairman Sensenbrenner. The gentleman from New York, Mr. 
Nadler.
    Mr. Nadler. Thank you, Mr. Chairman.
    I rise in strong support of this resolution. I think it is 
excellently taken. I would note that it is part of a pattern, 
an unfortunate pattern in American history.
    During World War II, which was without question a terrible 
threat to the national security of the United States, perhaps 
the worst in our history, we had to fight that threat, we did; 
we beat the Fascists, the Nazis, the Japanese, but we also 
trampled on the civil liberties of Americans of different 
groups at the time of doing so in an attitude of somewhat 
hysteria. We trampled on civil liberties of American citizens 
of Japanese descent, Italian Americans, and German Americans.
    This is part of a long tradition. From the Alien Sedition 
Act of 1798 to the misuse of power during the Civil War that 
the Supreme Court had to address after the Civil War, to the 
Espionage Act of 1917. I would add the McCarthy depredations of 
the early years of the Cold War, the operations against the 
Vietnam War, opponents of the FBI during the Vietnam War. I 
would just say, as we somewhat belatedly, decades after the 
event when people lost their civil liberties, as we go about 
our business of apologizing and recommending and denoting these 
things, we realize that it is easier to do these things after 
the events.
    But we are going through another war now, a war which may 
last decades, against the Islamic terrorists, and we are 
showing disturbing signs and more of reacting in similar ways 
and trampling civil liberties at home, especially among members 
of certain ethnic groups exactly as we did in World War II.
    So I hope that as we now remember some misdeeds of ours 
during what was a very worthy effort to beat the Nazis and the 
Japanese in World War II, that we give similar thought to 
avoiding repetition of similar actions as we debate civil 
liberties and the PATRIOT Act and the detention of people of 
various ethnic groups in the United States today.
    So I hope we can avoid the necessity, 30 years hence, of 
enacting similar resolutions with regard to what we are doing 
today and next year and last year.
    Chairman Sensenbrenner. Without objection, all Members' 
opening statements will be placed in the record at this point.
    Are there amendments? Hearing none, the Chair notes the 
presence of a reporting quorum. The question occurs on the 
motion to report the resolution, House Resolution 56, 
favorably.
    All in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it. And the 
motion to report favorably is agreed to.
    Without objection, the staff is directed to make any 
technical and conforming changes, and all Members will be given 
2 days as provided by the rules in which to submit additional 
dissenting supplemental or minority views.
    Thank you, everybody, for speeding this along. That means 
everybody gets to go home earlier tonight. And this markup is 
adjourned.
    [Whereupon, at 11:52 p.m., the Committee was adjourned.]