II 

Calendar No. 950 

110TH CONGRESS 

2D SESSION S. 381 

[Report No. 110–452] 

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 SENATE OF THE UNITED STATES 

JANUARY 24, 2007 

Mr. INOUYE (for himself, Mr. STEVENS, Mr. LEVIN, Mr. LEAHY, Ms. MURKOWSKI, Mr. AKAKA, Mr. BENNETT, Mr. LIEBERMAN, Mr. CARPER, Mr. 

FEINGOLD, Mr. SANDERS, Mr. BIDEN, and Mrs. FEINSTEIN) introduced 

the following bill; which was read twice and referred to the Committee 

on Homeland Security and Governmental Affairs 

SEPTEMBER 11, 2008 

Reported by Mr. LIEBERMAN, without amendment 

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 


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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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Commission on War5 time Relocation and Internment of Latin Americans of 

6 Japanese Descent Act’’. 

7 SEC. 2. FINDINGS AND PURPOSE. 

8 (a) FINDINGS.—Based on a preliminary study pub9 lished in December 1982 by the Commission on Wartime 

10 Relocation and Internment of Civilians, Congress finds the 

11 following: 

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

13 (A) expanded its internment program and 

14 national security investigations to conduct the 

15 program and investigations in Latin America; 

16 and 

17 (B) financed relocation to the United 

18 States, and internment, of approximately 2,300 

19 Latin Americans of Japanese descent, for the 

20 purpose of exchanging the Latin Americans of 

21 Japanese descent for United States citizens 

22 held by Axis countries. 

23 (2) Approximately 2,300 men, women, and chil24 dren of Japanese descent from 13 Latin American 


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1 countries were held in the custody of the Depart2 ment of State in internment camps operated by the 

3 Immigration and Naturalization Service from 1941 

4 through 1948. 

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

6 (A) were arrested without a warrant, hear7 ing, or indictment by local police, and sent to 

8 the United States for internment; or 

9 (B) in some cases involving women and 

10 children, voluntarily entered internment camps 

11 to remain with their arrested husbands, fathers, 

12 and other male relatives. 

13 (4) Passports held by individuals who were 

14 Latin Americans of Japanese descent were routinely 

15 confiscated before the individuals arrived in the 

16 United States, and the Department of State ordered 

17 United States consuls in Latin American countries 

18 to refuse to issue visas to the individuals prior to de19 parture. 

20 (5) Despite their involuntary arrival, Latin 

21 American internees of Japanese descent were consid22 ered to be and treated as illegal entrants by the Im23 migration and Naturalization Service. Thus, the in24 ternees became illegal aliens in United States cus25 tody who were subject to deportation proceedings for 


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1 immediate removal from the United States. In some 

2 cases, Latin American internees of Japanese descent 

3 were deported to Axis countries to enable the United 

4 States to conduct prisoner exchanges. 

5 (6) Approximately 2,300 men, women, and chil6 dren of Japanese descent were relocated from their 

7 homes in Latin America, detained in internment 

8 camps in the United States, and in some cases, de9 ported to Axis countries to enable the United States 

10 to conduct prisoner exchanges. 

11 (7) The Commission on Wartime Relocation 

12 and Internment of Civilians studied Federal actions 

13 conducted pursuant to Executive Order 9066 (relat14 ing to authorizing the Secretary of War to prescribe 

15 military areas). Although the United States program 

16 of interning Latin Americans of Japanese descent 

17 was not conducted pursuant to Executive Order 

18 9066, an examination of that extraordinary program 

19 is necessary to establish a complete account of Fed20 eral actions to detain and intern civilians of enemy 

21 or foreign nationality, particularly of Japanese de22 scent. Although historical documents relating to the 

23 program exist in distant archives, the Commission 

24 on Wartime Relocation and Internment of Civilians 

25 did not research those documents. 


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1 (8) Latin American internees of Japanese de2 scent were a group not covered by the Civil Liberties 

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

4 formally apologized and provided compensation pay5 ments to former Japanese Americans interned pur6 suant to Executive Order 9066. 

7 (b) PURPOSE.—The purpose of this Act is to estab8 lish a fact-finding Commission to extend the study of the 

9 Commission on Wartime Relocation and Internment of Ci10 vilians to investigate and determine facts and cir11 cumstances surrounding the relocation, internment, and 

12 deportation to Axis countries of Latin Americans of Japa13 nese descent from December 1941 through February 

14 1948, and the impact of those actions by the United 

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

16 based on preliminary findings by the original Commission 

17 and new discoveries. 

18 SEC. 3. ESTABLISHMENT OF THE COMMISSION. 

19 (a) IN GENERAL.—There is established the Commis20 sion on Wartime Relocation and Internment of Latin 

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

22 the ‘‘Commission’’). 

23 (b) COMPOSITION.—The Commission shall be com24 posed of 9 members, who shall be appointed not later than 


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1 60 days after the date of enactment of this Act, of 

2 whom— 

3 (1) 3 members shall be appointed by the Presi4 dent; 

5 (2) 3 members shall be appointed by the Speak6 er of the House of Representatives, on the joint rec7 ommendation of the majority leader of the House of 

8 Representatives and the minority leader of the 

9 House of Representatives; and 

10 (3) 3 members shall be appointed by the Presi11 dent pro tempore of the Senate, on the joint rec12 ommendation of the majority leader of the Senate 

13 and the minority leader of the Senate. 

14 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem15 bers shall be appointed for the life of the Commission. A 

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

17 shall be filled in the same manner as the original appoint18 ment was made. 

19 (d) MEETINGS.— 

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

21 the first meeting of the Commission not later than 

22 the later of— 

23 (A) 60 days after the date of enactment of 

24 this Act; or 


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1 (B) 30 days after the date of enactment of 

2 legislation making appropriations to carry out 

3 this Act. 

4 (2) SUBSEQUENT MEETINGS.—Except as pro5 vided in paragraph (1), the Commission shall meet 

6 at the call of the Chairperson. 

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

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

9 may hold hearings. 

10 (f) CHAIRPERSON AND VICE CHAIRPERSON.—The 

11 Commission shall elect a Chairperson and Vice Chair12 person from among its members. The Chairperson and 

13 Vice Chairperson shall serve for the life of the Commis14 sion. 

15 SEC. 4. DUTIES OF THE COMMISSION. 

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

17 (1) extend the study of the Commission on 

18 Wartime Relocation and Internment of Civilians, es19 tablished by the Commission on Wartime Relocation 

20 and Internment of Civilians Act— 

21 (A) to investigate and determine facts and 

22 circumstances surrounding the United States’ 

23 relocation, internment, and deportation to Axis 

24 countries of Latin Americans of Japanese de25 scent from December 1941 through February 


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1 1948, and the impact of those actions by the 

2 United States; and 

3 (B) in investigating those facts and cir4 cumstances, to review directives of the United 

5 States armed forces and the Department of 

6 State requiring the relocation, detention in in7 ternment camps, and deportation to Axis coun8 tries of Latin Americans of Japanese descent; 

9 and 

10 (2) recommend appropriate remedies, if any, 

11 based on preliminary findings by the original Com12 mission and new discoveries. 

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

14 of the first meeting of the Commission pursuant to section 

15 3(d)(1), the Commission shall submit a written report to 

16 Congress, which shall contain findings resulting from the 

17 investigation conducted under subsection (a)(1) and rec18 ommendations described in subsection (a)(2). 

19 SEC. 5. POWERS OF THE COMMISSION. 

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

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

22 the purpose of carrying out this Act— 

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

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

25 such testimony, receive such evidence, and adminVerDate Aug 31 2005 02:18 Sep 12, 2008 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S381.RS S381

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1 ister such oaths as the Commission or such sub2 committee or member considers advisable; and 

3 (2) require, by subpoena or otherwise, the at4 tendance and testimony of such witnesses and the 

5 production of such books, records, correspondence, 

6 memoranda, papers, documents, tapes, and materials 

7 as the Commission or such subcommittee or member 

8 considers advisable. 

9 (b) ISSUANCE AND ENFORCEMENT OF SUB10 POENAS.— 

11 (1) ISSUANCE.—Subpoenas issued under sub12 section (a) shall bear the signature of the Chair13 person of the Commission and shall be served by any 

14 person or class of persons designated by the Chair15 person for that purpose. 

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

17 or failure to obey a subpoena issued under sub18 section (a), the United States district court for the 

19 judicial district in which the subpoenaed person re20 sides, is served, or may be found may issue an order 

21 requiring such person to appear at any designated 

22 place to testify or to produce documentary or other 

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

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

25 court. 


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1 (c) WITNESS ALLOWANCES AND FEES.—Section 

2 1821 of title 28, United States Code, shall apply to wit3 nesses requested or subpoenaed to appear at any hearing 

4 of the Commission. The per diem and mileage allowances 

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

6 expenses of the Commission. 

7 (d) INFORMATION FROM FEDERAL AGENCIES.—The 

8 Commission may secure directly from any Federal depart9 ment or agency such information as the Commission con10 siders necessary to perform its duties. Upon request of 

11 the Chairperson of the Commission, the head of such de12 partment or agency shall furnish such information to the 

13 Commission. 

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

15 the United States mails in the same manner and under 

16 the same conditions as other departments and agencies of 

17 the Federal Government. 

18 SEC. 6. PERSONNEL AND ADMINISTRATIVE PROVISIONS. 

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

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

21 Federal Government shall be compensated at a rate equal 

22 to the daily equivalent of the annual rate of basic pay pre23 scribed for level IV of the Executive Schedule under sec24 tion 5315 of title 5, United States Code, for each day (in25 cluding travel time) during which such member is engaged 


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1 in the performance of the duties of the Commission. All 

2 members of the Commission who are officers or employees 

3 of the United States shall serve without compensation in 

4 addition to that received for their services as officers or 

5 employees of the United States. 

6 (b) TRAVEL EXPENSES.—The members of the Com7 mission shall be allowed travel expenses, including per 

8 diem in lieu of subsistence, at rates authorized for employ9 ees of agencies under subchapter I of chapter 57 of title 

10 5, United States Code, while away from their homes or 

11 regular places of business in the performance of services 

12 for the Commission. 

13 (c) STAFF.— 

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

15 Commission may, without regard to the civil service 

16 laws and regulations, appoint and terminate the em17 ployment of such personnel as may be necessary to 

18 enable the Commission to perform its duties. 

19 (2) COMPENSATION.—The Chairperson of the 

20 Commission may fix the compensation of the per21 sonnel without regard to chapter 51 and subchapter 

22 III of chapter 53 of title 5, United States Code, re23 lating to classification of positions and General 

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

25 the personnel may not exceed the rate payable for 


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1 level V of the Executive Schedule under section 5316 

2 of such title. 

3 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

4 Federal Government employee may be detailed to the 

5 Commission without reimbursement, and such detail shall 

6 be without interruption or loss of civil service status or 

7 privilege. 

8 (e) PROCUREMENT OF TEMPORARY AND INTERMIT9 TENT SERVICES.—The Chairperson of the Commission 

10 may procure temporary and intermittent services under 

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

12 for individuals that do not exceed the daily equivalent of 

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

14 Executive Schedule under section 5316 of such title. 

15 (f) OTHER ADMINISTRATIVE MATTERS.—The Com16 mission may— 

17 (1) enter into agreements with the Adminis18 trator of General Services to procure necessary fi19 nancial and administrative services; 

20 (2) enter into contracts to procure supplies, 

21 services, and property; and 

22 (3) enter into contracts with Federal, State, or 

23 local agencies, or private institutions or organiza24 tions, for the conduct of research or surveys, the 


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1 preparation of reports, and other activities necessary 

2 to enable the Commission to perform its duties. 

3 SEC. 7. TERMINATION. 

4 The Commission shall terminate 90 days after the 

5 date on which the Commission submits its report to Con6 gress under section 4(b). 

7 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) IN GENERAL.—There are authorized to be appro9 priated such sums as may be necessary to carry out this 

10 Act. 

11 (b) AVAILABILITY.—Any sums appropriated under 

12 the authorization contained in this section shall remain 

13 available, without fiscal year limitation, until expended. 


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Calendar No. 950 

110TH CONGRESS 

2D SESSION S. 381 

[Report No. 110–452] 

A BILL 

To establish a fact-finding Commission to extend 

priate remedies, and for other purposes. the United States, and to recommend approruary 1948, and the impact of those actions by anese descent from December 1941 through Febtion to Axis countries of Latin Americans of Japrounding the relocation, internment, and deportaand determine facts and circumstances surthe study of a prior Commission to investigate 

SEPTEMBER 11, 2008 

Reported without amendment 


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