Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act - Establishes the Commission on Wartime Relocation and Internment of Latin Americans of Japanese descent.
Directs the Commission to: (1) extend the study of the Commission on Wartime Relocation and Internment of Civilians to investigate U.S. relocation, internment, and (in some cases) deportation to Axis countries of Latin Americans of Japanese descent held in U.S. custody from December 1941 through February 1948; and (2) recommend appropriate remedies to Congress based on preliminary findings by the original Commission and new discoveries.
Terminates the Commission 90 days after submission of such report.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2296 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 2296
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 SENATE OF THE UNITED STATES
February 16, 2006
Mr. Inouye (for himself, Mr. Stevens, Mr. Levin, and Mr. Leahy)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
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.
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 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--
(A) expanded its internment program and national
security investigations to conduct the program and
investigations in Latin America; and
(B) financed relocation to the United States, and
internment, of approximately 2,300 Latin Americans of
Japanese descent, for the purpose of exchanging the
Latin Americans of Japanese descent for United States
citizens held by Axis countries.
(2) Approximately 2,300 men, women, and children of
Japanese descent from 13 Latin American countries were held in
the custody of the Department of State in internment camps
operated by the Immigration and Naturalization Service from
1941 through 1948.
(3) Those men, women, and children either--
(A) were arrested without a warrant, hearing, or
indictment by local police, and sent to the United
States for internment; or
(B) in some cases involving women and children,
voluntarily entered internment camps to remain with
their arrested husbands, fathers, and other male
relatives.
(4) Passports held by individuals who were Latin Americans
of Japanese descent were routinely confiscated before the
individuals arrived in the United States, and the Department of
State ordered United States consuls in Latin American countries
to refuse to issue visas to the individuals prior to departure.
(5) Despite their involuntary arrival, Latin American
internees of Japanese descent were considered to be and treated
as illegal entrants by the Immigration and Naturalization
Service. Thus, the internees became illegal aliens in United
States custody who were subject to deportation proceedings for
immediate removal from the United States. In some cases, Latin
American internees of Japanese descent were deported to Axis
countries to enable the United States to conduct prisoner
exchanges.
(6) 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.
(7) 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.
(8) 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 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; 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 for fiscal year 2007.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1416-1417)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S1417-1418)
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