I 

111TH CONGRESS 

1ST SESSION H. R. 42 

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 HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. BECERRA introduced the following bill; which was referred to the 

Committee on the Judiciary 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Commission on War3 time Relocation and Internment of Latin Americans of 

4 Japanese Descent Act’’. 

5 SEC. 2. FINDINGS AND PURPOSE. 

6 (a) FINDINGS.—Based on a preliminary study pub7 lished in December 1982 by the Commission on Wartime 

8 Relocation and Internment of Civilians, Congress finds the 

9 following: 

10 (1) During World War II, the United States— 

11 (A) expanded its internment program and 

12 national security investigations to conduct the 

13 program and investigations in Latin America; 

14 and 

15 (B) financed relocation to the United 

16 States, and internment, of approximately 2,300 

17 Latin Americans of Japanese descent, for the 

18 purpose of exchanging the Latin Americans of 

19 Japanese descent for United States citizens 

20 held by Axis countries. 

21 (2) Approximately 2,300 men, women, and chil22 dren of Japanese descent from 13 Latin American 

23 countries were held in the custody of the Depart24 ment of State in internment camps operated by the 

25 Immigration and Naturalization Service from 1941 

26 through 1948. 


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1 (3) Those men, women, and children either— 

2 (A) were arrested without a warrant, hear3 ing, or indictment by local police, and sent to 

4 the United States for internment; or 

5 (B) in some cases involving women and 

6 children, voluntarily entered internment camps 

7 to remain with their arrested husbands, fathers, 

8 and other male relatives. 

9 (4) Passports held by individuals who were 

10 Latin Americans of Japanese descent were routinely 

11 confiscated before the individuals arrived in the 

12 United States, and the Department of State ordered 

13 United States consuls in Latin American countries 

14 to refuse to issue visas to the individuals prior to de15 parture. 

16 (5) Despite their involuntary arrival, Latin 

17 American internees of Japanese descent were consid18 ered to be and treated as illegal entrants by the Im19 migration and Naturalization Service. Thus, the in20 ternees became illegal aliens in United States cus21 tody who were subject to deportation proceedings for 

22 immediate removal from the United States. In some 

23 cases, Latin American internees of Japanese descent 

24 were deported to Axis countries to enable the United 

25 States to conduct prisoner exchanges. 


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1 (6) Approximately 2,300 men, women, and chil2 dren of Japanese descent were relocated from their 

3 homes in Latin America, detained in internment 

4 camps in the United States, and in some cases, de5 ported to Axis countries to enable the United States 

6 to conduct prisoner exchanges. 

7 (7) The Commission on Wartime Relocation 

8 and Internment of Civilians studied Federal actions 

9 conducted pursuant to Executive Order 9066 (relat10 ing to authorizing the Secretary of War to prescribe 

11 military areas). Although the United States program 

12 of interning Latin Americans of Japanese descent 

13 was not conducted pursuant to Executive Order 

14 9066, an examination of that extraordinary program 

15 is necessary to establish a complete account of Fed16 eral actions to detain and intern civilians of enemy 

17 or foreign nationality, particularly of Japanese de18 scent. Although historical documents relating to the 

19 program exist in distant archives, the Commission 

20 on Wartime Relocation and Internment of Civilians 

21 did not research those documents. 

22 (8) Latin American internees of Japanese de23 scent were a group not covered by the Civil Liberties 

24 Act of 1988 (50 U.S.C. App. 1989b et seq.), which 

25 formally apologized and provided compensation payVerDate Nov 24 2008 06:26 Jan 08, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H42.IH H42

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1 ments to former Japanese Americans interned pur2 suant to Executive Order 9066. 

3 (b) PURPOSE.—The purpose of this Act is to estab4 lish a fact-finding Commission to extend the study of the 

5 Commission on Wartime Relocation and Internment of Ci6 vilians to investigate and determine facts and cir7 cumstances surrounding the relocation, internment, and 

8 deportation to Axis countries of Latin Americans of Japa9 nese descent from December 1941 through February 

10 1948, and the impact of those actions by the United 

11 States, and to recommend appropriate remedies, if any, 

12 based on preliminary findings by the original Commission 

13 and new discoveries. 

14 SEC. 3. ESTABLISHMENT OF THE COMMISSION. 

15 (a) IN GENERAL.—There is established the Commis16 sion on Wartime Relocation and Internment of Latin 

17 Americans of Japanese descent (in this Act referred to as 

18 the ‘‘Commission’’). 

19 (b) COMPOSITION.—The Commission shall be com20 posed of 9 members, who shall be appointed not later than 

21 60 days after the date of the enactment of this Act, of 

22 whom— 

23 (1) 3 members shall be appointed by the Presi24 dent; 


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1 (2) 3 members shall be appointed by the Speak2 er of the House of Representatives, on the joint rec3 ommendation of the majority leader of the House of 

4 Representatives and the minority leader of the 

5 House of Representatives; and 

6 (3) 3 members shall be appointed by the Presi7 dent pro tempore of the Senate, on the joint rec8 ommendation of the majority leader of the Senate 

9 and the minority leader of the Senate. 

10 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem11 bers shall be appointed for the life of the Commission. A 

12 vacancy in the Commission shall not affect its powers, but 

13 shall be filled in the same manner as the original appoint14 ment was made. 

15 (d) MEETINGS.— 

16 (1) FIRST MEETING.—The President shall call 

17 the first meeting of the Commission not later than 

18 the later of— 

19 (A) 60 days after the date of the enact20 ment of this Act; or 

21 (B) 30 days after the date of the enact22 ment of legislation making appropriations to 

23 carry out this Act. 


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1 (2) SUBSEQUENT MEETINGS.—Except as pro2 vided in paragraph (1), the Commission shall meet 

3 at the call of the Chairperson. 

4 (e) QUORUM.—Five members of the Commission 

5 shall constitute a quorum, but a lesser number of members 

6 may hold hearings. 

7 (f) CHAIRPERSON AND VICE CHAIRPERSON.—The 

8 Commission shall elect a Chairperson and Vice Chair9 person from among its members. The Chairperson and 

10 Vice Chairperson shall serve for the life of the Commis11 sion. 

12 SEC. 4. DUTIES OF THE COMMISSION. 

13 (a) IN GENERAL.—The Commission shall— 

14 (1) extend the study of the Commission on 

15 Wartime Relocation and Internment of Civilians, es16 tablished by the Commission on Wartime Relocation 

17 and Internment of Civilians Act— 

18 (A) to investigate and determine facts and 

19 circumstances surrounding the United States 

20 relocation, internment, and deportation to Axis 

21 countries of Latin Americans of Japanese de22 scent from December 1941 through February 

23 1948, and the impact of those actions by the 

24 United States; and 


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1 (B) in investigating those facts and cir2 cumstances, to review directives of the United 

3 States Armed Forces and the Department of 

4 State requiring the relocation, detention in in5 ternment camps, and deportation to Axis coun6 tries of Latin Americans of Japanese descent; 

7 and 

8 (2) recommend appropriate remedies, if any, 

9 based on preliminary findings by the original Com10 mission and new discoveries. 

11 (b) REPORT.—Not later than 1 year after the date 

12 of the first meeting of the Commission pursuant to section 

13 3(d)(1), the Commission shall submit a written report to 

14 the Congress containing the findings resulting from the 

15 investigation conducted under subsection (a)(1) and any 

16 recommendations described in subsection (a)(2). 

17 SEC. 5. POWERS OF THE COMMISSION. 

18 (a) HEARINGS.—The Commission or, at its direction, 

19 any subcommittee or member of the Commission, may, for 

20 the purpose of carrying out this Act— 

21 (1) hold such public hearings in such cities and 

22 countries, sit and act at such times and places, take 

23 such testimony, receive such evidence, and admin24 ister such oaths as the Commission or such sub25 committee or member considers advisable; and 


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1 (2) require, by subpoena or otherwise, the at2 tendance and testimony of such witnesses and the 

3 production of such books, records, correspondence, 

4 memoranda, papers, documents, tapes, and materials 

5 as the Commission or such subcommittee or member 

6 considers advisable. 

7 (b) ISSUANCE AND ENFORCEMENT OF SUB8 POENAS.— 

9 (1) ISSUANCE.—Subpoenas issued under sub10 section (a) shall bear the signature of the Chair11 person of the Commission and shall be served by any 

12 person or class of persons designated by the Chair13 person for that purpose. 

14 (2) ENFORCEMENT.—In the case of contumacy 

15 or failure to obey a subpoena issued under sub16 section (a), the United States district court for the 

17 judicial district in which the subpoenaed person re18 sides, is served, or may be found may issue an order 

19 requiring such person to appear at any designated 

20 place to testify or to produce documentary or other 

21 evidence. Any failure to obey the order of the court 

22 may be punished by the court as a contempt of that 

23 court. 

24 (c) WITNESS ALLOWANCES AND FEES.—Section 

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1 nesses requested or subpoenaed to appear at any hearing 

2 of the Commission. The per diem and mileage allowances 

3 for witnesses shall be paid from funds available to pay the 

4 expenses of the Commission. 

5 (d) INFORMATION FROM FEDERAL AGENCIES.—The 

6 Commission may secure directly from any Federal depart7 ment or agency such information as the Commission con8 siders necessary to perform its duties. Upon request of 

9 the Chairperson of the Commission, the head of such de10 partment or agency shall furnish such information to the 

11 Commission. 

12 (e) POSTAL SERVICES.—The Commission may use 

13 the United States mails in the same manner and under 

14 the same conditions as other departments and agencies of 

15 the Federal Government. 

16 SEC. 6. PERSONNEL AND ADMINISTRATIVE PROVISIONS. 

17 (a) COMPENSATION OF MEMBERS.—Each member of 

18 the Commission who is not an officer or employee of the 

19 Federal Government shall be compensated at a rate equal 

20 to the daily equivalent of the annual rate of basic pay pre21 scribed for level IV of the Executive Schedule under sec22 tion 5315 of title 5, United States Code, for each day (in23 cluding travel time) during which such member is engaged 

24 in the performance of the duties of the Commission. Any 

25 member of the Commission who is an officer or employee 


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1 of the United States shall serve without compensation in 

2 addition to that received for that member’s services as 

3 such officer or employee. 

4 (b) TRAVEL EXPENSES.—The members of the Com5 mission shall be allowed travel expenses, including per 

6 diem in lieu of subsistence, at rates authorized for employ7 ees of agencies under subchapter I of chapter 57 of title 

8 5, United States Code, while away from their homes or 

9 regular places of business in the performance of services 

10 for the Commission. 

11 (c) STAFF.— 

12 (1) IN GENERAL.—The Chairperson of the 

13 Commission may, without regard to the civil service 

14 laws and regulations, appoint and terminate the em15 ployment of such personnel as may be necessary to 

16 enable the Commission to perform its duties. 

17 (2) COMPENSATION.—The Chairperson of the 

18 Commission may fix the compensation of the per19 sonnel without regard to chapter 51 and subchapter 

20 III of chapter 53 of title 5, United States Code, re21 lating to classification of positions and General 

22 Schedule pay rates, except that the rate of pay for 

23 the personnel may not exceed the rate payable for 

24 level V of the Executive Schedule under section 5316 

25 of such title. 


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1 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

2 employee of the Federal Government may be detailed to 

3 the Commission without reimbursement, and such detail 

4 shall be without interruption or loss of civil service status 

5 or privilege. 

6 (e) PROCUREMENT OF TEMPORARY AND INTERMIT7 TENT SERVICES.—The Chairperson of the Commission 

8 may procure temporary and intermittent services under 

9 section 3109(b) of title 5, United States Code, at rates 

10 for individuals that do not exceed the daily equivalent of 

11 the annual rate of basic pay prescribed for level V of the 

12 Executive Schedule under section 5316 of such title. 

13 (f) OTHER ADMINISTRATIVE MATTERS.—The Com14 mission may— 

15 (1) enter into agreements with the Adminis16 trator of General Services to procure necessary fi17 nancial and administrative services; 

18 (2) enter into contracts to procure supplies, 

19 services, and property; and 

20 (3) enter into contracts with Federal, State, 

21 and local agencies, and private institutions and orga22 nizations, for the conduct of research or surveys, the 

23 preparation of reports, and other activities necessary 

24 to enable the Commission to perform its duties. 


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1 SEC. 7. TERMINATION. 

2 The Commission shall terminate 90 days after the 

3 date on which the Commission submits its report to the 

4 Congress under section 4(b). 

5 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—There are authorized to be appro7 priated such sums as may be necessary to carry out this 

8 Act. 

9 (b) AVAILABILITY.—Any sums appropriated under 

10 the authorization contained in this section shall remain 

11 available, without fiscal year limitation, until expended. 

Æ 


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