[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 381 Reported in Senate (RS)]






                                                       Calendar No. 950
110th CONGRESS
  2d Session
                                 S. 381

                          [Report No. 110-452]

 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

                            January 24, 2007

    Mr. Inouye (for himself, Mr. Stevens, Mr. Levin, Mr. Leahy, Ms. 
   Murkowski, Mr. Akaka, Mr. Bennett, Mr. Lieberman, Mr. Carper, Mr. 
 Feingold, Mr. Sanders, Mr. Biden, and Mrs. Feinstein) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

                           September 11, 2008

              Reported by Mr. Lieberman, without amendment

_______________________________________________________________________

                                 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 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) 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.
    (b) Availability.--Any sums appropriated under the authorization 
contained in this section shall remain available, without fiscal year 
limitation, until expended.
                                                       Calendar No. 950

110th CONGRESS

  2d Session

                                 S. 381

                          [Report No. 110-452]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 11, 2008

                       Reported without amendment