U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 110TH CONGRESS

2d Session 

REPORT

2008

110–452 

Calendar No. 950 

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. 381 

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.—Ordered to be printed 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

BARACK OBAMA, Illinois 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

SUSAN M. COLLINS, Maine 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

TOM COBURN, Oklahoma 

PETE V. DOMENICI, New Mexico 

JOHN WARNER, Virginia 

JOHN E. SUNUNU, New Hampshire 

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 

RICHARD A. BEUTEL, Minority Senior Counsel 

TRINA DRIESSNACK TYRER, Chief Clerk 


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(III) 

C O N T E N T S 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background .................................................................................................... 1 

III. Legislative History ......................................................................................... 2 

IV. Section by Section Summary of the Bill ...................................................... 3 

V. Regulatory Impact and Evaluation .............................................................. 5 

VI. Congressional Budget Office Cost Estimate ................................................ 5 

VII. Changes in Existing Law .............................................................................. 6 


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Calendar No. 950 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–452 

COMMISSION ON WARTIME RELOCATION AND INTERNMENT OF LATIN AMERICANS OF JAPANESE DESCENT 

ACT 

SEPTEMBER 11, 2008.—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. 381] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (S. 381) 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 remedies, and for other purposes, having considered the same, reports favorably thereon and recommends that the 

bill do pass. 

I. PURPOSE AND SUMMARY

The Commission on Wartime Relocation and Internment of Latin 

Americans of Japanese Descent Act (S. 381) 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 the original 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, actions which were conducted pursuant to President Franklin D. Roosevelt’s Executive 


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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 of 1982. 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. 3 Appendix I: Latin Americans. WRIC Report, page 314. 

4 Ibid., page 305. 

Order 9066.1 The report of the WRIC was followed by a formal 

apology by President Reagan and a bill for reparations. Near the 

end of its work, the WRIC discovered, but did not investigate, the 

U.S. government’s involvement in relocating, interning, and using 

Latin Americans of Japanese descent for prisoner exchanges. 

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 they may never have 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. 

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 concluded 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 but nonetheless concluded that 

‘‘an examination of the extraordinary program of interning aliens 

from Latin America in the United States completes 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, and therefore 

S. 381 continues 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. 

III. LEGISLATIVE HISTORY

The Commission on Wartime Relocation and Internment of Latin 

Americans of Japanese Descent Act, S. 381, was introduced by Senator Inouye on January 24, 2007 with Senators Akaka, Bennett, 

Leahy, Levin, Murkowski, and Stevens as original co-sponsors. The 

bill was subsequently co-sponsored by Senators Lieberman, Carper, 

Feingold, Sanders, Biden and Feinstein. Representative Xavier 

Becerra introduced an identical measure, H.R. 662, on January 24, 

2007. On June 13, 2007, the Committee ordered S. 381 to be reported favorably, without amendment, by voice vote. Senators 

present were: Lieberman, Levin, Akaka, Pryor, Tester, Collins, Stevens, Voinovich, Coleman, and Warner. 


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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 

United States 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 and a vacancy will not affect its 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 


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February 1948, and the impact of these 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 its 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 Section 1821 of title 28, United States Code 

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. 


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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 Mandates 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. 381, the following estimate and comparison prepared by the Director of the 

Congressional Budget Office under section 402 of the Congressional 

Budget Act of 1974: 

JUNE 18, 2007. 

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. 381, 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, 

PETER R. ORSZAG. 

Enclosure. 

S. 381—Commission on Wartime Relocation and Internment of 

Latin Americans of Japanese Descent Act 

S. 381 would establish the Commission on Wartime Relocation 

and Internment of Latin Americans of Japanese Descent to investigate and determine the facts and circumstances surrounding the 


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relocation, internment, and deportation of Latin Americans of Japanese descent from December 1941 through February 1948. 

Under S. 381, 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 services. In addition, all commission members would be reimbursed for travel expenses. Under the bill, the commission could 

hire staff or use personnel detailed from other federal agencies. 

The commission 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 2008–2009 

period subject to appropriation of the necessary amounts. Enacting 

the bill would not affect direct spending or revenues. The legislation does not authorize any payment of restitution; such authority 

would require a separate act of the Congress. 

S. 381 would impose both intergovernmental and private-sector 

mandates as defined in the Unfunded Mandates Reform Act 

(UMRA) because it would establish a commission with 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 a subpoena 

would not be significant. Thus, CBO estimates that the costs to 

those governments and private-sector entities would be small and 

well below the annual thresholds established in UMRA ($66 million 

for intergovernmental mandates and $131 million for private-sector 

mandates in 2007, adjusted annually for inflation). Furthermore, S. 

381 would direct the commission to pay a per diem and mileage allowance to any witness who appears before the commission from 

funds available to pay the expenses of the commission. 

The CBO staff contacts for this estimate are Matthew Pickford 

(for federal costs), Elizabeth Cove (for state and local impact), and 

Jacob Kuipers (for the private-sector impact). This estimate was 

approved by Peter H. Fontaine, 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. 381, as ordered reported. 

Æ 


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