Calendar No. 250
111th Congress Report
1st Session SENATE 111-112
_______________________________________________________________________
COMMISSION ON WARTIME RELOCATION AND INTERNMENT OF LATIN AMERICANS OF
JAPANESE DESCENT ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 69
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
December 23, 2009.--Ordered to be printed
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2009
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware JOHN McCAIN, Arizona
MARK L. PRYOR, Arkansas GEORGE V. VOINOVICH, Ohio
MARY L. LANDRIEU, Louisiana JOHN ENSIGN, Nevada
CLAIRE McCASKILL, Missouri LINDSEY GRAHAM, South Carolina
JON TESTER, Montana ROBERT F. BENNETT, Utah
ROLAND W. BURRIS, Illinois
PAUL G. KIRK, JR., Massachusetts
Michael L. Alexander, Staff Director
Kevin J. Landy, Chief Counsel
Kristine V. Lam, Professional Staff Member
Brandon L. Milhorn, Minority Staff Director and Chief Counsel
Amanda Wood, Minority Director for Governmental Affairs
Trina Driessnack Tyrer, Chief Clerk
Calendar No. 250
111th Congress Report
SENATE
1st Session 111-112
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COMMISSION ON WARTIME RELOCATION AND INTERNMENT OF LATIN AMERICANS OF
JAPANESE DESCENT ACT
_______
December 23, 2009.--Ordered to be printed
_______
Mr. Lieberman, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 69]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 69) 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, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background.......................................................2
III. Legislative History..............................................3
IV. Section by Section Summary of the Bill...........................3
V. Regulatory Impact and Evaluation.................................5
VI. Congressional Budget Office Cost Estimate........................6
VII. Changes in Existing Law..........................................7
I. PURPOSE AND SUMMARY
The Commission on Wartime Relocation and Internment of
Latin Americans of Japanese Descent Act (S. 69) would create a
fact finding commission to (1) investigate U.S. relocation,
internment, and deportation of Latin Americans of Japanese
descent held in U.S. custody from December 1941 through
February 1948; and (2) recommend appropriate remedies to
Congress based on preliminary findings by an earlier Commission
and any new evidence that the Commission may consider.
II. BACKGROUND AND NEED FOR LEGISLATION
In 1982, the Commission on Wartime Relocation and
Internment of Civilians (hereinafter ``WRIC'') reported on the
internment of Japanese-Americans during World War II, which
took place pursuant to President Franklin D. Roosevelt's
Executive Order 9066.\1\ The report of the WRIC led to a formal
apology by President Reagan and successful enactment of a bill
for reparations. Near the end of its work, the WRIC discovered,
but did not fully investigate, the U.S. government's
involvement in relocating, interning, and using Latin Americans
of Japanese descent for prisoner exchanges.
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\1\Congress established the Commission on Wartime Relocation and
Internment of Civilians in P.L. 96-317, which was signed into law on
July 31, 1980. The Commission issued its report, ``Personal Justice
Denied: Report of the Commission on Wartime Relocation and Internment
of Civilians (hereinafter ``WRIC Report''), in December 1982.
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Documents in the National Archives reflect that from 1941
to 1948, the U.S. government initiated a program that brought
approximately 2,300 persons of Japanese ancestry into the U.S.
from 13 Latin American countries. The relocation and internment
of Japanese Latin Americans was motivated by a desire to
increase the number of persons who could potentially be
exchanged for U.S. civilians and military personnel in Japanese
custody.\2\ Many of these Japanese Latin Americans were used in
prisoner exchanges and were sent to Japan, a country which some
of the deportees had never even visited. Those who were not
used in prisoner exchanges were held as late as 1948; after
that, they were considered illegal entrants by the U.S.
government and many were deported to their country of origin.
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\2\Acting Secretary of State Breckinridge Long wrote in a
memorandum to the U.S. Ambassador to Peru, R. Henry Norweb, that ``an
eventual deficiency of Japanese to be exchanged may develop.''
Memorandum from Acting Secretary of State Breckenridge Long to U.S.
Ambassador to Peru, R. Henry Norweb, Oct. 22, 1943.
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Commissions are regularly mandated by Congress as a
necessary and legitimate tool to aid Congress in exercising its
policy making powers. The WRIC acknowledged that its work was
in some sense incomplete. In its final report in 1982 it
observed that ``historical documents concerning the ethnic
Japanese in Latin America are, of course, housed in distant
archives, and the Commission has not researched that body of
material.''\3\ Nonetheless it concluded that ``an examination
of the extraordinary program of interning aliens from Latin
America in the United States [would complete] the account of
federal actions to detain and intern civilians . . . of
Japanese ancestry.''\4\ This Committee believes that further
work remains to be done to establish a full record of this
tragic episode. S. 69 authorizes that work by continuing the
earlier study authorized by Congress. It also establishes that
Congress will retain the discretion to enact any
recommendations proposed by the new findings and work of the
Commission.
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\3\Appendix I: Latin Americans. WRIC Report, page 314.
\4\Ibid., at page 305.
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III. LEGISLATIVE HISTORY
The Commission on Wartime Relocation and Internment of
Latin Americans of Japanese Descent Act was first introduced by
Senator Inouye in the 109th Congress as S. 2296. Senator Inouye
introduced the bill again as S. 381 in the 110th Congress on
January 24, 2007. The Committee subsequently ordered the bill
favorably reported, without amendment, by voice vote on June
13, 2007. The bill was reported on September 11, 2008 with a
written report (110-452) and was placed on the Senate
Legislative Calendar. No further action was taken on this bill
during the 110th Congress.
On January 6, 2009, Senator Inouye again introduced the
Commission on Wartime Relocation and Internment of Latin
Americans of Japanese Descent Act (S. 69) with Senators Akaka,
Carper, Lieberman, and Murkowski as original co-sponsors. The
bill was subsequently co-sponsored by Senators Leahy, Bennett,
and Feinstein. Representative Xavier Becerra introduced an
identical measure, H.R. 42, on January 6, 2009. On February 11,
2009 the Committee ordered S. 69 to be reported favorably
without amendment by voice vote. Senators present were:
Lieberman, Levin, Carper, McCaskill, Burris, Bennet, Collins,
McCain, and Voinovich.
IV. SECTION-BY-SECTION SUMMARY OF THE BILL
Section 1. Short title
Section 2. Findings and purpose
Section 2(a) summarizes the findings of the original
Commission on Wartime Relocation and Internment of Civilians:
that the U.S. government financed relocation to the United
States and internment of approximately 2,300 Latin Americans of
Japanese descent for the purpose of exchanging the Japanese
Latin Americans for U.S. citizens held by Axis countries.
Section 2(b) states that the purpose of the 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 based
upon new evidence and discoveries.
Section 3. Establishment of the Commission
Section 3(a) establishes the Commission on Wartime
Relocation and Internment of Latin Americans of Japanese
descent (hereinafter ``the Commission'').
Section 3(b) sets out the composition of the Commission. It
provides that the 9-member Commission shall be composed of
three members appointed by the President, three members
appointed by the Speaker of the House of Representatives in
consultation with the House majority leader and House minority
leader, and three members appointed by the President pro
tempore of the Senate, in consultation with the Senate majority
and Senate minority leader.
Under Section 3(c), members of the Commission are appointed
for the life of the Commission. Section 3(c) further provides
that a vacancy will not affect the Commission's powers, but
shall be filled in the same manner as the original appointment
was made.
Under Section 3(d), the President must call the first
meeting of the Commission no later than the later of either (1)
60 days after the date of enactment of this Act, or (2) 30 days
after the date of enactment of legislation making
appropriations to carry out this Act. After the first meeting,
the Commission shall meet at the call of the Chairperson.
Section 3(e) provides that five members of the Commission
are required to constitute a quorum, though fewer than five
members may hold hearings.
Section 3(f) provides that the Commission will elect a
Chairperson and Vice Chairperson from its members to serve for
the life of the Commission.
Section 4. Duties of the Commission
Section 4(a) sets out the general duties of the Commission,
which include investigating the 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. The Commission will also recommend
appropriate remedies, if any, based on preliminary findings by
the WRIC and new discoveries by the Commission.
Section 4(b) requires the Commission to submit a written
report to Congress no later than one year after the date of the
Commission's first meeting. This report will contain findings
resulting from the investigation and the Commission's
recommendations, if any.
Section 5. Powers of the Commission
Section 5(a) allows the Commission, or at the Commission's
direction, any subcommittee or member of the Commission, to
hold public hearings, take testimony and receive evidence. The
section also authorizes the Commission to require, by subpoena
or otherwise, the attendance and testimony of witnesses and the
production of documents and other materials.
Section 5(b) describes the process for issuing and
enforcing subpoenas. If a person fails to obey a subpoena
issued by a Commission, a United States district court may
issue an order compelling compliance, and may punish failure to
obey as a contempt of that court.
Section 5(c) applies 28 U.S.C. Sec. 1821 to witnesses
requested or subpoenaed to appear at any Commission hearings.
The per diem and mileage allowances for witnesses will be paid
from funds available to pay the expenses of the Commission.
Section 5(d) requires all executive branch entities to
comply fully with any requests for information from the
Commission.
Under Section 5(e), the Commission may use the United
States Postal Service in the same manner and under the same
condition as other agencies and departments of the Federal
Government.
Section 6. Personnel and administrative provisions
Under Section 6(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 pay prescribed for level IV of the Executive
Schedule for each day (including travel time) the member is
performing the duties of the Commission. Those members of the
Commission who are officers or employees of the Federal
Government shall serve without compensation in addition to
their services as officers or employees of the United States.
Section 6(b) allows members of the Commission travel
expenses, including per diem, while away from their homes or
regular places of business while performing services for the
Commission.
Section 6(c) sets personnel and administrative provisions
regarding the hiring of staff. The Chairperson of the
Commission may appoint and terminate personnel as necessary to
enable the Commission to perform its duties. The Chairperson
also has the authority to fix the compensation for personnel,
which may not exceed the rate payable for level V of the
Executive Schedule.
Under Section 6(d), any employee of the Federal Government
may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil
service status or privilege.
Section 6(e) allows the Chairperson of the Commission to
procure temporary and intermittent services 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.
Section 6(f) allows the Commission to enter into agreements
to procure necessary financial and administrative services,
supplies, property, and other activities necessary to enable
the Commission to perform its duties.
Section 7. Termination
Section 7 provides that the Commission shall terminate 90
days after the date on which the Commission submits its report
to Congress.
Section 8. Authorization of appropriations
Section 8 authorizes to be appropriated such sums as may be
necessary to carry out this Act. Appropriated sums would remain
available, without fiscal year limitation, until expended.
V. REGULATORY IMPACT AND EVALUATION
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill. The
Congressional Budget Office states that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandate Reform Act and would impose no costs on state,
local, or tribal governments, or private entities. The
enactment of this legislation will not have significant
regulatory impact.
VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
The Committee sets forth, with respect to the bill, S. 69,
the following estimate and comparison prepared by the Director
of the Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974:
February 13, 2009.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 69, the Commission
on Wartime Relocation and Internment of Latin Americans of
Japanese Descent Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure.
S. 69--Commission on Wartime Relocation and Internment of Latin
Americans of Japanese Descent Act
S. 69 would establish a commission to investigate and
determine the facts and circumstances surrounding the
relocation, internment, and deportation from the United States
of Latin Americans of Japanese descent from December 1941 to
February 1948.
Under S. 69, nine commission members--three appointed by
the President, three appointed by the Speaker of the House of
Representatives, and three appointed by the President pro
tempore of the Senate--would have one year to report to the
Congress on its findings, recommendations, and possible
remedies. Commission members who are not federal employees
would be compensated for their service. In addition, all
commission members would be reimbursed for travel expenses. The
commission would be authorized to hire staff or use personnel
detailed from other federal agencies and would terminate 90
days after submitting its final report.
Based on the costs of similar commissions, CBO estimates
that the commission would spend about $500,000 over the 2009-
2010 period, subject to appropriation of the necessary amounts.
Enacting the bill would not affect direct spending or revenues.
The legislation would not authorize any payment of restitution;
such authority would require a separate act of the Congress.
S. 69 would impose both intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act
(UMRA) because the commission would have the authority to
subpoena information. State, local, and tribal governments as
well as private-sector entities, if subpoenaed by the
commission, would be required to provide testimony, documents,
or other evidence. CBO expects that the commission would likely
exercise this authority sparingly and that the costs to comply
with subpoenas would not be significant. Thus, we estimate that
the costs to those governments and private-sector entities
would be small and well below the annual thresholds established
in UMRA ($69 million for intergovernmental mandates and $139
million for private-sector mandates in 2009, adjusted annually
for inflation). Furthermore, S. 69 would direct the commission
to pay a per diem and mileage allowance to any witness who
appears before the commission.
The CBO staff contacts for this estimate are Matthew
Pickford (for federal costs), Elizabeth Cove Deslisle (for
state and local impact), and Marin Randall (for the private-
sector impact). This estimate was approved by Theresa Gullo,
Deputy Assistant Director for Budget Analysis.
VII. CHANGES IN EXISTING LAW
Pursuant to paragraph 12 of rule XXVI of the Standing Rules
of the Senate, the Committee finds no changes in existing law
made by S. 69, as ordered reported.
