1.This Act may be cited as the
Commission on Wartime Relocation and
Internment of Latin Americans of Japanese Descent
Act
.
2.
(a)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)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.
3.Establishment of the
commission
(a)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)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; vacanciesMembers 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)
(1)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)Except as provided
in paragraph (1), the Commission shall meet at the call of the
Chairperson.
(e)Five members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(f)Chairperson and
vice chairpersonThe
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.
4.
(a)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)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).
5.
(a)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)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)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 feesSection
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 agenciesThe
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)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.
6.Personnel and
administrative provisions
(a)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)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)
(1)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)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 employeesAny
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 servicesThe 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 mattersThe
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.
7.The Commission shall terminate 90 days after
the date on which the Commission submits its report to Congress under section
4(b).
8.Authorization of
appropriations
(a)There are authorized
to be appropriated such sums as may be necessary to carry out this Act for
fiscal year 2007.
(b)Any sums appropriated under the
authorization contained in this section shall remain available, without fiscal
year limitation, until expended.