S70 CONGRESSIONAL RECORD — SENATE January 6, 2009 

the military service described in the certificate. 

SEC. 3. APPLICATIONS BY SURVIVORS. 

An application submitted by a surviving 

spouse, child, or parent of a deceased person 

described in section 1(a) shall be treated as 

an application submitted by such person. 

SEC. 4. LIMITATION PERIOD. 

The Secretary of the Army may not consider for the purpose of this Act any application received by the Secretary more than 

two years after the date of the enactment of 

this Act. 

SEC. 5. PROSPECTIVE APPLICATION OF DETERMINATIONS BY THE SECRETARY OF 

THE ARMY. 

No benefits shall accrue to any person for 

any period before the date of the enactment 

of this Act as a result of the enactment of 

this Act. 

SEC. 6. REGULATIONS. 

The Secretary of the Army shall prescribe 

regulations to carry out sections 1, 3, and 4. 

SEC. 7. RESPONSIBILITIES OF THE SECRETARY 

OF VETERANS AFFAIRS. 

Any entitlement of a person to receive veterans’ benefits by reason of this Act shall be 

administered by the Department of Veterans 

Affairs pursuant to regulations prescribed by 

the Secretary of Veterans Affairs. 

SEC. 8. DEFINITION. 

In this Act, the term ‘‘World War II’’ 

means the period beginning on December 7, 

1941, and ending on December 31, 1946. 

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 


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January 6, 2009 CONGRESSIONAL RECORD — SENATE 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. 

By Mr. INOUYE: 

S. 70. A bill to restore the traditional 

day of observance of Memorial Day, 

and for other purposes; to the Committee on the Judiciary. 

Mr. INOUYE. Mr. President, in our 

effort to accommodate many Americans by making Memorial Day the last 

Monday in May, we have lost sight of 

the significance of this day to our Nation. My bill would restore Memorial 

Day to May 30 and authorize our flag to 

fly at half mast on that day. In addition, this legislation would authorize 

the President to issue a proclamation 


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