110 HR 662 IH: Commission on Wartime Relocation and
U.S. House of Representatives
2007-01-24
text/xml
EN
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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 of Latin Americans of Japanese descent ;
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.
(b)Any
sums appropriated under the authorization contained in this section shall
remain available, without fiscal year limitation, until expended.