SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Commission on War-
time Relocation and Internment of Latin Americans of 
Japanese Descent Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Based on a preliminary study pub-
lished 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 chil-
dren of Japanese descent from 13 Latin American 
countries were held in the custody of the Depart-
ment of State in internment camps operated by the 
Immigration and Naturalization Service from 1941 
through 1948. 
VerDate Nov 24 2008 
06:26 Jan 08, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H42.IH
H42
rfrederick on PROD1PC67 with BILLS
(3) Those men, women, and children either— 
(A) were arrested without a warrant, hear-
ing, 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 de-
parture. 
(5) Despite their involuntary arrival, Latin 
American internees of Japanese descent were consid-
ered to be and treated as illegal entrants by the Im-
migration and Naturalization Service. Thus, the in-
ternees became illegal aliens in United States cus-
tody 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. 
VerDate Nov 24 2008 
06:26 Jan 08, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H42.IH
H42
rfrederick on PROD1PC67 with BILLS
(6) Approximately 2,300 men, women, and chil-
dren of Japanese descent were relocated from their 
homes in Latin America, detained in internment 
camps in the United States, and in some cases, de-
ported 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 (relat-
ing 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 Fed-
eral actions to detain and intern civilians of enemy 
or foreign nationality, particularly of Japanese de-
scent. 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 de-
scent were a group not covered by the Civil Liberties 
Act of 1988 (50 U.S.C. App. 1989b et seq.), which 
formally apologized and provided compensation pay-
VerDate Nov 24 2008 
06:26 Jan 08, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H42.IH
H42
rfrederick on PROD1PC67 with BILLS
ments to former Japanese Americans interned pur-
suant to Executive Order 9066. 
(b) PURPOSE.—The purpose of this Act is to estab-
lish a fact-finding Commission to extend the study of the 
Commission on Wartime Relocation and Internment of Ci-
vilians to investigate and determine facts and cir-
cumstances surrounding the relocation, internment, and 
deportation to Axis countries of Latin Americans of Japa-
nese 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 Commis-
sion on Wartime Relocation and Internment of Latin 
Americans of Japanese descent (in this Act referred to as 
the ‘‘Commission’’). 
(b) COMPOSITION.—The Commission shall be com-
posed of 9 members, who shall be appointed not later than 
60 days after the date of the enactment of this Act, of 
whom— 
(1) 3 members shall be appointed by the Presi-
dent; 
VerDate Nov 24 2008 
06:26 Jan 08, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H42.IH
H42
rfrederick on PROD1PC67 with BILLS
(2) 3 members shall be appointed by the Speak-
er of the House of Representatives, on the joint rec-
ommendation 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 Presi-
dent pro tempore of the Senate, on the joint rec-
ommendation of the majority leader of the Senate 
and the minority leader of the Senate. 
(c) PERIOD OF APPOINTMENT; VACANCIES.—Mem-
bers 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 appoint-
ment 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 the enact-
ment of this Act; or 
(B) 30 days after the date of the enact-
ment of legislation making appropriations to 
carry out this Act. 
VerDate Nov 24 2008 
06:26 Jan 08, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H42.IH
H42
rfrederick on PROD1PC67 with BILLS
(2) SUBSEQUENT MEETINGS.—Except as pro-
vided 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 Chair-
person from among its members. The Chairperson and 
Vice Chairperson shall serve for the life of the Commis-
sion. 
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, es-
tablished 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 de-
scent from December 1941 through February 
1948, and the impact of those actions by the 
United States; and 
VerDate Nov 24 2008 
21:04 Jan 08, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H42.IH
H42
rfrederick on PROD1PC67 with BILLS
(B) in investigating those facts and cir-
cumstances, to review directives of the United 
States Armed Forces and the Department of 
State requiring the relocation, detention in in-
ternment camps, and deportation to Axis coun-
tries of Latin Americans of Japanese descent; 
and 
(2) recommend appropriate remedies, if any, 
based on preliminary findings by the original Com-
mission 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 
the Congress containing the findings resulting from the 
investigation conducted under subsection (a)(1) and any 
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 admin-
ister such oaths as the Commission or such sub-
committee or member considers advisable; and 
VerDate Nov 24 2008 
06:26 Jan 08, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H42.IH
H42
rfrederick on PROD1PC67 with BILLS
(2) require, by subpoena or otherwise, the at-
tendance 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
SUB-
POENAS.— 
(1) ISSUANCE.—Subpoenas issued under sub-
section (a) shall bear the signature of the Chair-
person of the Commission and shall be served by any 
person or class of persons designated by the Chair-
person for that purpose. 
(2) ENFORCEMENT.—In the case of contumacy 
or failure to obey a subpoena issued under sub-
section (a), the United States district court for the 
judicial district in which the subpoenaed person re-
sides, 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 wit-
VerDate Nov 24 2008 
06:26 Jan 08, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H42.IH
H42
rfrederick on PROD1PC67 with BILLS
nesses 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 depart-
ment or agency such information as the Commission con-
siders necessary to perform its duties. Upon request of 
the Chairperson of the Commission, the head of such de-
partment 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 pre-
scribed for level IV of the Executive Schedule under sec-
tion 5315 of title 5, United States Code, for each day (in-
cluding travel time) during which such member is engaged 
in the performance of the duties of the Commission. Any 
member of the Commission who is an officer or employee 
VerDate Nov 24 2008 
06:26 Jan 08, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H42.IH
H42
rfrederick on PROD1PC67 with BILLS
of the United States shall serve without compensation in 
addition to that received for that member’s services as 
such officer or employee. 
(b) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for employ-
ees 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 em-
ployment 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 per-
sonnel without regard to chapter 51 and subchapter 
III of chapter 53 of title 5, United States Code, re-
lating 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. 
VerDate Nov 24 2008 
06:26 Jan 08, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H42.IH
H42
rfrederick on PROD1PC67 with BILLS
(d) DETAIL
OF GOVERNMENT EMPLOYEES.—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. 
(e) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT 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 Com-
mission may— 
(1) enter into agreements with the Adminis-
trator of General Services to procure necessary fi-
nancial and administrative services; 
(2) enter into contracts to procure supplies, 
services, and property; and 
(3) enter into contracts with Federal, State, 
and local agencies, and private institutions and orga-
nizations, for the conduct of research or surveys, the 
preparation of reports, and other activities necessary 
to enable the Commission to perform its duties. 
VerDate Nov 24 2008 
06:26 Jan 08, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H42.IH
H42
rfrederick on PROD1PC67 with BILLS
SEC. 7. TERMINATION. 
The Commission shall terminate 90 days after the 
date on which the Commission submits its report to the 
Congress under section 4(b). 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated 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. 
Æ 
VerDate Nov 24 2008 
06:26 Jan 08, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6301
E:\BILLS\H42.IH
H42
rfrederick on PROD1PC67 with BILLS