[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Pages S70-S71]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE (for himself, Mr. Lieberman, Mr. Carper, Ms. 
        Murkowski, Mr. Levin, and Mr. Akaka):
  S. 69. 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; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. INOUYE. Mr. President, I rise to speak in support of the 
Commission on Wartime Relocation and Internment of Latin Americans of 
Japanese Descent Act.
  The story of U.S. citizens taken from their homes on the west coast 
and confined in camps is a story that was made known after a fact-
finding study by a Commission that Congress authorized in 1980. That 
study was followed by a formal apology by President Reagan and a bill 
for reparations. Far less known, and indeed, I myself did not initially 
know, is the story of Latin Americans of Japanese descent taken from 
their homes in Latin America, stripped of their passports, brought to 
the U.S., and interned in American camps.
  This is a story about the U.S. government's act of reaching its arm 
across international borders, into a community that did not pose an 
immediate threat to our Nation, in order to use them, devoid of 
passports or any other proof of citizenship, for exchange with 
Americans with Japan. Between the years 1941 and 1945, our Government, 
with the help of Latin American officials, arbitrarily arrested persons 
of Japanese descent from streets, homes, and workplaces. Approximately 
2,300 undocumented persons were brought to camp sites in the U.S., 
where they were held under armed watch, and then held in reserve for 
prisoner exchange. Those used in an exchange were sent to Japan, a 
foreign country that many had never set foot on since their ancestors' 
immigration to Latin America.
  Despite their involuntary arrival, Latin American internees of 
Japanese descent were considered by the Immigration and Naturalization 
Service as illegal entrants. By the end of the war, some Japanese Latin 
Americans had been sent to Japan. Those who were not used in a prisoner 
exchange were cast out into a new and English-speaking country, and 
subject to deportation proceedings. Some returned to Latin America. 
Others remained in the U.S., because their country of origin in Latin 
America refused their re-entry, because they were unable to present a 
passport.
  When I first learned of the wartime experiences of Japanese Latin 
Americans, it seemed unbelievable, but indeed, it happened. It is a 
part of our national history, and it is a part of the living histories 
of the many families whose lives are forever tied to internment camps 
in our country.
  The outline of this story was sketched out in a book published by the 
Commission on Wartime Relocation and Internment of Civilians formed in 
1980. This Commission had set out to learn about Japanese Americans. 
Towards the close of their investigations, the Commissioners stumbled 
upon this extraordinary effort by the U.S. government to relocate, 
intern, and deport Japanese persons formerly living in Latin America. 
Because this finding surfaced late in its study, the Commission was 
unable to fully uncover the facts, but found them significant enough to 
include in its published study, urging a deeper investigation.
  I rise today to introduce the Commission on Wartime Relocation and 
Internment of Latin Americans of Japanese Descent Act, which would 
establish a fact-finding Commission to extend the study of the 1980 
Commission. This Commission's task would be to determine facts 
surrounding the U.S. government's actions in regards to Japanese Latin 
Americans subject to a program of relocation, internment, and 
deportation. I believe that examining this extraordinary program would 
give finality to, and complete the account of Federal actions to detain 
and intern civilians of Japanese ancestry.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 69

       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

[[Page S71]]

     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.
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