Commission on Mexican-American Removal during 1929-1941 Act - Establishes the Commission on Mexican-American Removal during 1929-1941, which shall: (1) review the facts and circumstances surrounding the removal of certain U.S. citizens and permanent legal residents to Mexico, and such actions' impact on individuals, families, and the Mexican-American community in the United States; (2) review federal, state, and local removal directives; and (3) report to Congress.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5161 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5161
To establish a commission to study the removal of Mexican-Americans to
Mexico during 1929-1941, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2006
Ms. Solis (for herself, Mr. Gutierrez, Mr. Berman, Mr. Honda, Mr.
Emanuel, Ms. Matsui, Mr. Lewis of Georgia, Ms. Lee, and Ms. Zoe Lofgren
of California) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a commission to study the removal of Mexican-Americans to
Mexico during 1929-1941, and for other purposes.
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 ``Commission on Mexican-American
Removal during 1929-1941 Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) From 1929 through 1941, Federal, State, and local
Government authorities and certain private sector entities
throughout the United States undertook an aggressive program to
forcibly remove individuals of Mexican ancestry from the United
States.
(2) As many as two million individuals of Mexican ancestry
were forcibly removed to Mexico, as many as 1.2 million of whom
were United States citizens.
(3) These men, women, and children were removed outside the
United States in response to public pressure to curtail the
employment of Mexican-Americans, most of whom were United
States citizens or residing legally in the United States,
during the Depression.
(4) Massive raids were conducted on Mexican-American
communities, and many of the people who were removed were never
able to return to the United States, their country of birth.
(5) These raids targeted individuals of Mexican ancestry,
with Federal, State, and local Government authorities and
certain private sector entities characterizing these
individuals as ``illegal aliens'' even when such individuals
were United States citizens or permanent legal residents.
(6) These raids also separated such United States citizens
and permanent legal residents from their families and deprived
them of their livelihoods and constitutional rights.
(7) No official inquiry into this matter has been made.
(b) Purpose.--It is the purpose of this Act to establish a fact
finding commission to determine whether United States citizens and
permanent legal residents were forcibly removed to Mexico from 1929 to
1941 in violation of law as a result of past directives of Federal,
State and local governments and the impact of such removal on those
individuals, their families, and the Mexican-American community in the
United States, and to recommend appropriate remedies.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ``Commission
on Mexican-American Removal during 1929-1941''.
SEC. 4. DUTIES OF THE COMMISSION.
The Commission shall--
(1) review the facts and circumstances surrounding the
removal of certain United States citizens and permanent legal
residents to Mexico, and the impact of such actions on these
individuals, their families, and the Mexican-American community
in the United States;
(2) review past directives of Federal, State, and local
governments that required the removal of these individuals to
Mexico and any other information related to these directives;
and
(3) submit to Congress a written report of its findings and
recommendations.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of
seven members, who shall be appointed within 90 days after the date of
the enactment of this Act as follows:
(1) Three members appointed by the President.
(2) Two members appointed by the Speaker of the House of
Representatives, in consultation with the minority leader of
the House of Representatives.
(3) Two members appointed by the President pro tempore of
the Senate, in consultation with the minority leader of the
Senate.
(b) Qualifications.--Members appointed under subsection (a) shall
possess knowledge or expertise related to human rights, civil rights,
immigration, labor, business, or other pertinent qualifications.
(c) Term of Office.--Each member shall be appointed for the life of
the Commission.
(d) Quorum.--Four members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(e) Initial Meeting.--The initial meeting of the Commission shall
be called by the President within one hundred and twenty days after the
date of the enactment of this Act, or within thirty days after the date
on which legislation is enacted making appropriations to carry out this
Act, whichever is later.
(f) Chairperson and Vice Chairperson.--The Commission shall elect a
chairperson and vice chairperson from among its members. The term of
office of each shall be for the life of the Commission.
(g) Vacancies.--A vacancy in the Commission shall not affect its
powers and shall be filled in the same manner in which the original
appointment was made.
(h) Basic Pay.--
(1) Rate of pay.--Each member of the Commission who is not
otherwise employed by the United States shall receive
compensation at a rate equal to the daily rate prescribed for
level IV of the Executive Schedule under section 5315 of title
5, United States Code, for each day, including travel time,
such member is engaged in the actual performance of the duties
of the Commission.
(2) Prohibition of compensation of federal employees.--A
member of the Commission who is a full-time officer or employee
of the United States may not receive additional pay,
allowances, or benefits by reason of their service on the
Commission.
(3) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
SEC. 6. POWERS.
(a) Hearings.--
(1) In general.--The Commission or on the authorization of
the Commission, any subcommittee or member thereof, may for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission or any subcommittee or member considers appropriate.
(2) Location.--The Commission may hold public hearings in
any city of the United States that it finds appropriate.
(b) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission which the Commission is
empowered to investigate by this Act.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where such person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoena.--A subpoena of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is made under paragraph (2) may be served in the
judicial district in which the person required to be served
resides or may be found.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States, or from any State
or local government, information necessary to enable it to carry out
this Act. Upon request of any member, the head of such department or
agency shall furnish such information to the Commission.
(d) Contract Authority.--To the extent or in the amounts provided
in advance in appropriation Acts, the Commission may contract with and
compensate government and private agencies or persons for any services,
supplies, or other activities necessary to enable the Commission to
carry out its duties under this Act.
SEC. 7. STAFF.
(a) In General.--The Commission may appoint and fix the pay of such
additional staff as it considers appropriate.
(b) Applicability of Certain Civil Service Laws.--Any staff of the
Commission may be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and may be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
(d) Administrative Support Services.--Upon request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties under
this Act.
SEC. 8. REPORT.
The Commission shall submit to Congress a written report not later
than the date which is one year after the date of the initial meeting
called pursuant to section 5(d) of this Act. The report shall contain a
detailed statement of the findings and conclusions of the Commission,
together with its recommendations for legislative actions that the
Commission considers appropriate.
SEC. 9. TERMINATION.
The Commission shall terminate 30 days after submitting the report
under section 8.
SEC. 10. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the
Commission on Mexican-American Removal during 1929-1941.
(2) Member.--The term ``member'' means a member of the
Commission.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any other commonwealth, possession, or
territory of the United States.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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