II

Calendar No. 324

107TH CONGRESS

2D SESSION S. 1356

To establish a commission to review the facts and circumstances surrounding

injustices suffered by European Americans, European Latin Americans,

and European refugees during World War II.

IN THE SENATE OF THE UNITED STATES

AUGUST 3, 2001

Mr. FEINGOLD (for himself, Mr. GRASSLEY, Mr. KENNEDY, and Mr.

LIEBERMAN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

MARCH 14, 2002

Reported by Mr. LEAHY, with an amendment and an amendment to the title

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To establish a commission to review the facts and circumstances surrounding injustices suffered by European

Americans, European Latin Americans, and European

refugees during World War II.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1356 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Wartime Treatment

3 of European Americans and Refugees Study Act’’.

4 SEC. 2. FINDINGS.

5 Congress makes the following findings:

6 (1) The United States has long encouraged

7 other nations to acknowledge their wartime offenses

8 against civilians. Now, the United States Govern9 ment should fully assess its treatment of European

10 Americans and European Latin Americans during

11 World War II and its effect on Italian American,

12 German American, and other European American

13 communities.

14 (2) The United States Government should also

15 fully assess its treatment of European refugees who

16 fled persecution and genocide in Europe to seek ref17 uge in the United States prior to and during World

18 War II.

19 (3) During World War II, the United States

20 Government branded as ‘‘enemy aliens’’ more than

21 600,000 Italian-born and 300,000 German-born

22 United States resident aliens and their families and

23 required them to carry Certificates of Identification,

24 limited their travel, and seized their personal prop25 erty. At that time, these groups were the two largest

26 foreign-born groups in the United States.
3

S 1356 RS

1 (4) During World War II, the United States

2 Government arrested, interned or otherwise detained

3 thousands of European Americans, some remaining

4 in custody for years after cessation of World War II

5 hostilities, and repatriated, exchanged, or deported

6 European Americans, including American-born chil7 dren, to hostile, war-torn European Axis nations,

8 many to be exchanged for Americans held in those

9 nations.

10 (5) Pursuant to a policy coordinated by the

11 United States with Latin American countries, many

12 European Latin Americans, including German and

13 Austrian Jews, were captured, shipped to the United

14 States and interned. Many were later expatriated,

15 repatriated or deported to hostile, war-torn Euro16 pean Axis nations during World War II, most to be

17 exchanged for Americans and Latin Americans held

18 in those nations.

19 (6) Millions of European Americans served in

20 the armed forces and thousands sacrificed their lives

21 in defense of the United States.

22 (7) The wartime policies of the United States

23 Government were devastating to the Italian Ameri24 cans and German American communities, individuals
4

S 1356 RS

1 and their families. The detrimental effects are still

2 being experienced.

3 (8) Prior to and during World War II, the

4 United States restricted the entry of European refu5 gees who were fleeing persecution and sought safety

6 in the United States. During the 1930’s and 1940’s,

7 the quota system, immigration regulations, visa re8 quirements, and the time required to process visa

9 applications affected the number of European refu10 gees, particularly those from Germany and Austria,

11 who could gain admittance to the United States.

12 (9) Time is of the essence for the establishment

13 of a Commission, because of the increasing danger

14 of destruction and loss of relevant documents, the

15 advanced age of potential witnesses and, most im16 portantly, the advanced age of those affected by the

17 United States Government’s policies. Many who suf18 fered have already passed away and will never know

19 of this effort.

20 SEC. 3. DEFINITIONS.

21 In this Act:

22 (1) DURING WORLD WAR II.—The term ‘‘during

23 World War II’’ refers to the period between Sep24 tember 1, 1939, through December 31, 1948.

25 (2) EUROPEAN AMERICANS.—
5

S 1356 RS

1 (A) IN GENERAL.—The term ‘‘European

2 Americans’’ refers to United States citizens and

3 permanent resident aliens of European ances4 try, including Italian Americans, German Amer5 icans, Hungarian Americans, Romanian Ameri6 cans, and Bulgarian Americans.

7 (B) ITALIAN AMERICANS.—The term

8 ‘‘Italian Americans’’ refers to United States

9 citizens and permanent resident aliens of

10 Italian ancestry.

11 (C) GERMAN AMERICANS.—The term

12 ‘‘German Americans’’ refers to United States

13 citizens and permanent resident aliens of Ger14 man ancestry.

15 (3) EUROPEAN REFUGEES.—The term ‘‘Euro16 pean refugees’’ refers to European nationals who de17 sired to flee persecution and genocide in Europe and

18 to enter the United States during the period between

19 January 1, 1933 and December 31, 1945 but were

20 denied entry.

21 (4) EUROPEAN LATIN AMERICANS.—The term

22 ‘‘European Latin Americans’’ refers to persons of

23 European ancestry, including Italian or German an24 cestry, residing in a Latin American nation during

25 World War II.
6

S 1356 RS

1 SEC. 4. ESTABLISHMENT OF COMMISSION.

2 (a) IN GENERAL.—There is established the Commis3 sion on Wartime Treatment of European Americans and

4 Refugees (referred to in this Act as the ‘‘Commission’’).

5 (b) MEMBERSHIP.—The Commission shall be com6 posed of 11 members, who shall be appointed not later

7 than 90 days after the date of enactment of this Act as

8 follows:

9 (1) Five members shall be appointed by the

10 President.

11 (2) Three members shall be appointed by the

12 Speaker of the House of Representatives, in con13 sultation with the minority leader.

14 (3) Three members shall be appointed by the

15 majority leader of the Senate, in consultation with

16 the minority leader.

17 (c) TERMS.—The term of office for members shall be

18 for the life of the Commission. A vacancy in the Commis19 sion shall not affect its powers, and shall be filled in the

20 same manner in which the original appointment was made.

21 (d) REPRESENTATION.—The Commission shall in22 clude 2 members from the Italian American community

23 and 2 members from the German American community

24 representing their wartime treatment interests. The Com25 mission shall also include 2 members representing the in26 terests of European refugees.
7

S 1356 RS

1 (e) MEETINGS.—The President shall call the first

2 meeting of the Commission not later than 120 days after

3 the date of enactment of this Act.

4 (f) QUORUM.—Six members of the Commission shall

5 constitute a quorum, but a lesser number may hold hear6 ings.

7 (g) CHAIRMAN.—The Commission shall elect a Chair8 man and Vice Chairman from among its members. The

9 term of office of each shall be for the life of the Commis10 sion.

11 (h) COMPENSATION.—

12 (1) IN GENERAL.—Members of the Commission

13 shall serve without pay.

14 (2) REIMBURSEMENT OF EXPENSES.—All mem15 bers of the Commission shall be reimbursed for rea16 sonable travel and subsistence, and other reasonable

17 and necessary expenses incurred by them in the per18 formance of their duties.

19 SEC. 5. DUTIES OF THE COMMISSION.

20 (a) IN GENERAL.—It shall be the duty of the Com21 mission to review—

22 (1) the United States Government’s wartime

23 treatment of European Americans and European

24 Latin Americans as provided in subsection (b)(1);

25 and
8

S 1356 RS

1 (2) the United States Government’s refusal to

2 allow European refugees fleeing persecution in Eu3 rope entry to the United States as provided in sub4 section (b)(2).

5 (b) SCOPE OF REVIEW.—

6 (1) EUROPEAN AMERICANS AND EUROPEAN

7 LATIN AMERICANS.—The Commission’s review shall

8 include, but not be limited to, the following:

9 (A) A comprehensive review of the facts

10 and circumstances surrounding United States

11 Government actions during World War II which

12 violated the civil liberties of European Ameri13 cans and European Latin Americans pursuant

14 to the Alien Enemy Act (50 U.S.C. 21–24),

15 Presidential Proclamations 2526, 2527, 2655,

16 2662, Executive Orders 9066 and 9095, and

17 any directive of the United States Armed

18 Forces pursuant to such law, proclamations, or

19 executive orders respecting the registration, ar20 rest, exclusion, internment, exchange, or deport21 ment of European Americans and European

22 Latin Americans. This review shall include an

23 assessment of the underlying rationale of the

24 United States Government’s decision to develop

25 related programs and policies, the information
9

S 1356 RS

1 the United States Government received or ac2 quired suggesting the related programs and

3 policies were necessary, the perceived benefit of

4 enacting such programs and policies, and the

5 immediate and long-term impact of such pro6 grams and policies on European Americans and

7 European Latin Americans and their commu8 nities.

9 (B) A review of United States Government

10 action with respect to European Americans pur11 suant to the Alien Enemy Act (50 U.S.C. 21–

12 24) and Executive Order 9066 during World

13 War II, including registration requirements,

14 travel and property restrictions, establishment

15 of restricted areas, raids, arrests, internment,

16 exclusion, policies relating to the families and

17 property that excludees and internees were

18 forced to abandon, internee employment by

19 American companies (including a list of such

20 companies and the terms and type of employ21 ment), exchange, repatriation, and deportment,

22 and the immediate and long-term effect of such

23 actions, particularly internment, on the lives of

24 those affected. This review shall include a list
10

S 1356 RS

1 of all temporary detention and long-term in2 ternment facilities.

3 (C) A brief review of the participation by

4 European Americans in the United States

5 Armed Forces including the participation of

6 European Americans whose families were ex7 cluded, interned, repatriated, or excluded.

8 (D) A recommendation of appropriate rem9 edies, including how civil liberties can be better

10 protected during war, or an actual, attempted,

11 or threatened invasion or inclusion, an assess12 ment of the continued viability of the Alien

13 Enemy Act (50 U.S.C. 21–24), and public edu14 cation programs related to the United States

15 Government’s wartime treatment of European

16 Americans, European Latin Americans, and

17 European refugees during World War II.

18 (2) EUROPEAN REFUGEES.—The Commission’s

19 review shall cover the period between January 1,

20 1933, through December 31, 1945, and shall in21 clude, to the greatest extent practicable, the fol22 lowing:

23 (A) A review of the United States Govern24 ment’s refusal to allow European refugees entry

25 to the United States, including a review of the
11

S 1356 RS

1 underlying rationale of the United States Gov2 ernment’s decision to refuse the European refu3 gees entry, the information the United States

4 Government received or acquired suggesting

5 such refusal was necessary, the perceived ben6 efit of such refusal, and the impact of such re7 fusal on European refugees.

8 (B) A review of Federal refugee policy re9 lating to those fleeing persecution or genocide,

10 including recommendations for making it easier

11 for future victims of persecution or genocide to

12 obtain refuge in the United States.

13 (c) FIELD HEARINGS.—The Commission shall hold

14 public hearings in such cities of the United States as it

15 deems appropriate.

16 (d) REPORT.—The Commission shall submit a writ17 ten report of its findings and recommendations to Con18 gress not later than 18 months after the date of the first

19 meeting called pursuant to section 4(e).

20 SEC. 6. POWERS OF THE COMMISSION.

21 (a) IN GENERAL.—The Commission or, on the au22 thorization of the Commission, any subcommittee or mem23 ber thereof, may, for the purpose of carrying out the provi24 sions of this Act, hold such hearings and sit and act at

25 such times and places, and request the attendance and tes-
12

S 1356 RS

1 timony of such witnesses and the production of such

2 books, records, correspondence, memorandum, papers,

3 and documents as the Commission or such subcommittee

4 or member may deem advisable. The Commission may re5 quest the Attorney General to invoke the aid of an appro6 priate United States district court to require, by subpoena

7 or otherwise, such attendance, testimony, or production.

8 (b) GOVERNMENT INFORMATION AND COOPERA9 TION.—The Commission may acquire directly from the

10 head of any department, agency, independent instrumen11 tality, or other authority of the executive branch of the

12 Government, available information that the Commission

13 considers useful in the discharge of its duties. All depart14 ments, agencies, and independent instrumentalities, or

15 other authorities of the executive branch of the Govern16 ment shall cooperate with the Commission and furnish all

17 information requested by the Commission to the extent

18 permitted by law, including information collected as a re19 sult of Public Law 96–317 and Public Law 106–451. For

20 purposes of the Privacy Act (5 U.S.C. 552a(b)(9)), the

21 Commission shall be deemed to be a committee of jurisdic22 tion.

23 SEC. 7. ADMINISTRATIVE PROVISIONS.

24 The Commission is authorized to—
13

S 1356 RS

1 (1) appoint and fix the compensation of such

2 personnel as may be necessary, without regard to

3 the provisions of title 5, United States Code, gov4 erning appointments in the competitive service, and

5 without regard to the provisions of chapter 51 and

6 subchapter III of chapter 53 of such title relating to

7 classification and General Schedule pay rates, except

8 that the compensation of any employee of the Com9 mission may not exceed a rate equivalent to the rate

10 payable under GS–15 of the General Schedule under

11 section 5332 of such title;

12 (2) obtain the services of experts and consult13 ants in accordance with the provisions of section

14 3109 of such title;

15 (3) obtain the detail of any Federal Govern16 ment employee, and such detail shall be without re17 imbursement or interruption or loss of civil service

18 status or privilege;

19 (4) enter into agreements with the Adminis20 trator of General Services for procurement of nec21 essary financial and administrative services, for

22 which payment shall be made by reimbursement

23 from funds of the Commission in such amounts as

24 may be agreed upon by the Chairman of the Com25 mission and the Administrator;
14

S 1356 RS

1 (5) procure supplies, services, and property by

2 contract in accordance with applicable laws and reg3 ulations and to the extent or in such amounts as are

4 provided in appropriation Acts; and

5 (6) enter into contracts with Federal or State

6 agencies, private firms, institutions, and agencies for

7 the conduct of research or surveys, the preparation

8 of reports, and other activities necessary to the dis9 charge of the duties of the Commission, to the ex10 tent or in such amounts as are provided in appro11 priation Acts.

12 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

13 From funds currently authorized to the Department

14 of Justice, there are authorized to be appropriated not to

15 exceed $850,000 to carry out the purposes of this Act.

16 SEC. 9. SUNSET.

17 The Commission shall terminate 60 days after it sub18 mits its report to Congress.

19 SECTION 1. SHORT TITLE.

20 This Act may be cited as the ‘‘Wartime Treatment

21 Study Act’’.

22 SEC. 2. FINDINGS.

23 Congress makes the following findings:
15

S 1356 RS

1 (1) During World War II, the United States suc2 cessfully fought the spread of Nazism and fascism by

3 Germany, Italy, and Japan.

4 (2) Nazi Germany persecuted and engaged in

5 genocide against Jews and certain other groups. By

6 the end of the war, 6,000,000 Jews had perished at

7 the hands of Nazi Germany. United States Govern8 ment policies, however, restricted entry to the United

9 States to Jewish and other refugees who sought safety

10 from Nazi persecution.

11 (3) While we were at war, the United States

12 treated the Japanese American, German American,

13 and Italian American communities as suspect.

14 (4) The United States Government should con15 duct an independent review to assess fully and ac16 knowledge these actions. Congress has previously re17 viewed the United States Government’s wartime treat18 ment of Japanese Americans through the Commission

19 on Wartime Relocation and Internment of Civilians.

20 An independent review of the treatment of German

21 Americans and Italian Americans and of Jewish refu22 gees fleeing persecution and genocide has not yet been

23 undertaken.

24 (5) During World War II, the United States

25 Government branded as ‘‘enemy aliens’’ more than
16

S 1356 RS

1 600,000 Italian-born and 300,000 German-born

2 United States resident aliens and their families and

3 required them to carry Certificates of Identification,

4 limited their travel, and seized their personal prop5 erty. At that time, these groups were the two largest

6 foreign-born groups in the United States.

7 (6) During World War II, the United States

8 Government arrested, interned or otherwise detained

9 thousands of European Americans, some remaining

10 in custody for years after cessation of World War II

11 hostilities, and repatriated, exchanged, or deported

12 European Americans, including American-born chil13 dren, to hostile, war-torn European Axis nations,

14 many to be exchanged for Americans held in those na15 tions.

16 (7) Pursuant to a policy coordinated by the

17 United States with Latin American countries, many

18 European Latin Americans, including German and

19 Austrian Jews, were captured, shipped to the United

20 States and interned. Many were later expatriated, re21 patriated or deported to hostile, war-torn European

22 Axis nations during World War II, most to be ex23 changed for Americans and Latin Americans held in

24 those nations.
17

S 1356 RS

1 (8) Millions of European Americans served in

2 the armed forces and thousands sacrificed their lives

3 in defense of the United States.

4 (9) The wartime policies of the United States

5 Government were devastating to the Italian Ameri6 cans and German American communities, individuals

7 and their families. The detrimental effects are still

8 being experienced.

9 (10) Prior to and during World War II, the

10 United States restricted the entry of Jewish refugees

11 who were fleeing persecution and sought safety in the

12 United States. During the 1930’s and 1940’s, the

13 quota system, immigration regulations, visa require14 ments, and the time required to process visa applica15 tions affected the number of Jewish refugees, particu16 larly those from Germany and Austria, who could

17 gain admittance to the United States.

18 (11) Time is of the essence for the establishment

19 of commissions, because of the increasing danger of

20 destruction and loss of relevant documents, the ad21 vanced age of potential witnesses and, most impor22 tantly, the advanced age of those affected by the

23 United States Government’s policies. Many who suf24 fered have already passed away and will never know

25 of this effort.
18

S 1356 RS

1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) DURING WORLD WAR II.—The term ‘‘during

4 World War II’’ refers to the period between September

5 1, 1939, through December 31, 1948.

6 (2) EUROPEAN AMERICANS.—

7 (A) IN GENERAL.—The term ‘‘European

8 Americans’’ refers to United States citizens and

9 permanent resident aliens of European ancestry,

10 including Italian Americans, German Ameri11 cans, Hungarian Americans, Romanian Ameri12 cans, and Bulgarian Americans.

13 (B) ITALIAN AMERICANS.—The term

14 ‘‘Italian Americans’’ refers to United States citi15 zens and permanent resident aliens of Italian

16 ancestry.

17 (C) GERMAN AMERICANS.—The term ‘‘Ger18 man Americans’’ refers to United States citizens

19 and permanent resident aliens of German ances20 try.

21 (3) EUROPEAN LATIN AMERICANS.—The term

22 ‘‘European Latin Americans’’ refers to persons of Eu23 ropean ancestry, including Italian or German ances24 try, residing in a Latin American nation during

25 World War II.
19

S 1356 RS

1 TITLE I—COMMISSION ON WAR2 TIME TREATMENT OF EURO3 PEAN AMERICANS

4 SEC. 101. ESTABLISHMENT OF COMMISSION ON WARTIME

5 TREATMENT OF EUROPEAN AMERICANS.

6 (a) IN GENERAL.—There is established the Commis7 sion on Wartime Treatment of European Americans (re8 ferred to in this title as the ‘‘European American Commis9 sion’’).

10 (b) MEMBERSHIP.—The European American Commis11 sion shall be composed of 7 members, who shall be appointed

12 not later than 90 days after the date of enactment of this

13 Act as follows:

14 (1) Three members shall be appointed by the

15 President.

16 (2) Two members shall be appointed by the

17 Speaker of the House of Representatives, in consulta18 tion with the minority leader.

19 (3) Two members shall be appointed by the ma20 jority leader of the Senate, in consultation with the

21 minority leader.

22 (c) TERMS.—The term of office for members shall be

23 for the life of the European American Commission. A va24 cancy in the European American Commission shall not af-
20

S 1356 RS

1 fect its powers, and shall be filled in the same manner in

2 which the original appointment was made.

3 (d) REPRESENTATION.—The European American

4 Commission shall include 2 members from the Italian

5 American community and 2 members from the German

6 American community representing their wartime treatment

7 interests.

8 (e) MEETINGS.—The President shall call the first meet9 ing of the European American Commission not later than

10 120 days after the date of enactment of this Act.

11 (f) QUORUM.—Four members of the European Amer12 ican Commission shall constitute a quorum, but a lesser

13 number may hold hearings.

14 (g) CHAIRMAN.—The European American Commission

15 shall elect a Chairman and Vice Chairman from among its

16 members. The term of office of each shall be for the life of

17 the European American Commission.

18 (h) COMPENSATION.—

19 (1) IN GENERAL.—Members of the European

20 American Commission shall serve without pay.

21 (2) REIMBURSEMENT OF EXPENSES.—All mem22 bers of the European American Commission shall be

23 reimbursed for reasonable travel and subsistence, and

24 other reasonable and necessary expenses incurred by

25 them in the performance of their duties.
21

S 1356 RS

1 SEC. 102. DUTIES OF THE EUROPEAN AMERICAN COMMIS2 SION.

3 (a) IN GENERAL.—It shall be the duty of the European

4 American Commission to review the United States Govern5 ment’s wartime treatment of European Americans and Eu6 ropean Latin Americans as provided in subsection (b).

7 (b) SCOPE OF REVIEW.—The European American

8 Commission’s review shall include the following:

9 (1) A comprehensive review of the facts and cir10 cumstances surrounding United States Government

11 actions during World War II that violated the civil

12 liberties of European Americans and European Latin

13 Americans pursuant to the Alien Enemies Acts (50

14 U.S.C. 21–24), Presidential Proclamations 2526,

15 2527, 2655, 2662, Executive Orders 9066 and 9095,

16 and any directive of the United States Government

17 pursuant to such law, proclamations, or executive or18 ders respecting the registration, arrest, exclusion, in19 ternment, exchange, or deportment of European

20 Americans and European Latin Americans. This re21 view shall include an assessment of the underlying ra22 tionale of the United States Government’s decision to

23 develop related programs and policies, the informa24 tion the United States Government received or ac25 quired suggesting the related programs and policies

26 were necessary, the perceived benefit of enacting such
22

S 1356 RS

1 programs and policies, and the immediate and long2 term impact of such programs and policies on Euro3 pean Americans and European Latin Americans and

4 their communities.

5 (2) A review of United States Government action

6 with respect to European Americans pursuant to the

7 Alien Enemies Acts (50 U.S.C. 21–24) and Executive

8 Order 9066 during World War II, including registra9 tion requirements, travel and property restrictions,

10 establishment of restricted areas, raids, arrests, in11 ternment, exclusion, policies relating to the families

12 and property that excludees and internees were forced

13 to abandon, internee employment by American com14 panies (including a list of such companies and the

15 terms and type of employment), exchange, repatri16 ation, and deportment, and the immediate and long17 term effect of such actions, particularly internment,

18 on the lives of those affected. This review shall include

19 a list of all temporary detention and long-term in20 ternment facilities.

21 (3) A brief review of the participation by Euro22 pean Americans in the United States Armed Forces

23 including the participation of European Americans

24 whose families were excluded, interned, repatriated, or

25 exchanged.
23

S 1356 RS

1 (4) A recommendation of appropriate remedies,

2 including how civil liberties can be better protected

3 during war, or an actual, attempted, or threatened

4 invasion or incursion, an assessment of the continued

5 viability of the Alien Enemies Acts (50 U.S.C. 21–

6 24), and public education programs related to the

7 United States Government’s wartime treatment of

8 European Americans and European Latin Americans

9 during World War II.

10 (c) FIELD HEARINGS.—The European American Com11 mission shall hold public hearings in such cities of the

12 United States as it deems appropriate.

13 (d) REPORT.—The European American Commission

14 shall submit a written report of its findings and rec15 ommendations to Congress not later than 18 months after

16 the date of the first meeting called pursuant to section

17 101(e).

18 SEC. 103. POWERS OF THE EUROPEAN AMERICAN COMMIS19 SION.

20 (a) IN GENERAL.—The European American Commis21 sion or, on the authorization of the Commission, any sub22 committee or member thereof, may, for the purpose of car23 rying out the provisions of this title, hold such hearings and

24 sit and act at such times and places, and request the attend25 ance and testimony of such witnesses and the production
24

S 1356 RS

1 of such books, records, correspondence, memorandum, pa2 pers, and documents as the Commission or such sub3 committee or member may deem advisable. The European

4 American Commission may request the Attorney General

5 to invoke the aid of an appropriate United States district

6 court to require, by subpoena or otherwise, such attendance,

7 testimony, or production.

8 (b) GOVERNMENT INFORMATION AND COOPERATION.—

9 The European American Commission may acquire directly

10 from the head of any department, agency, independent in11 strumentality, or other authority of the executive branch of

12 the Government, available information that the European

13 American Commission considers useful in the discharge of

14 its duties. All departments, agencies, and independent in15 strumentalities, or other authorities of the executive branch

16 of the Government shall cooperate with the European Amer17 ican Commission and furnish all information requested by

18 the European American Commission to the extent permitted

19 by law, including information collected as a result of Public

20 Law 96–317 and Public Law 106–451. For purposes of the

21 Privacy Act (5 U.S.C. 552a(b)(9)), the European American

22 Commission shall be deemed to be a committee of jurisdic23 tion.
25

S 1356 RS

1 SEC. 104. ADMINISTRATIVE PROVISIONS.

2 The European American Commission is authorized

3 to—

4 (1) appoint and fix the compensation of such

5 personnel as may be necessary, without regard to the

6 provisions of title 5, United States Code, governing

7 appointments in the competitive service, and without

8 regard to the provisions of chapter 51 and subchapter

9 III of chapter 53 of such title relating to classification

10 and General Schedule pay rates, except that the com11 pensation of any employee of the Commission may

12 not exceed a rate equivalent to the rate payable under

13 GS–15 of the General Schedule under section 5332 of

14 such title;

15 (2) obtain the services of experts and consultants

16 in accordance with the provisions of section 3109 of

17 such title;

18 (3) obtain the detail of any Federal Government

19 employee, and such detail shall be without reimburse20 ment or interruption or loss of civil service status or

21 privilege;

22 (4) enter into agreements with the Administrator

23 of General Services for procurement of necessary fi24 nancial and administrative services, for which pay25 ment shall be made by reimbursement from funds of

26 the Commission in such amounts as may be agreed
26

S 1356 RS

1 upon by the Chairman of the Commission and the

2 Administrator;

3 (5) procure supplies, services, and property by

4 contract in accordance with applicable laws and reg5 ulations and to the extent or in such amounts as are

6 provided in appropriation Acts; and

7 (6) enter into contracts with Federal or State

8 agencies, private firms, institutions, and agencies for

9 the conduct of research or surveys, the preparation of

10 reports, and other activities necessary to the discharge

11 of the duties of the Commission, to the extent or in

12 such amounts as are provided in appropriation Acts.

13 SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

14 From funds currently authorized to the Department of

15 Justice, there are authorized to be appropriated not to ex16 ceed $500,000 to carry out the purposes of this title.

17 SEC. 106. SUNSET.

18 The European American Commission shall terminate

19 60 days after it submits its report to Congress.
27

S 1356 RS

1 TITLE II—COMMISSION ON WAR2 TIME TREATMENT OF JEWISH

3 REFUGEES

4 SEC. 201. ESTABLISHMENT OF COMMISSION ON WARTIME

5 TREATMENT OF JEWISH REFUGEES.

6 (a) IN GENERAL.—There is established the Commis7 sion on Wartime Treatment of Jewish Refugees (referred to

8 in this title as the ‘‘Jewish Refugee Commission’’).

9 (b) MEMBERSHIP.—The Jewish Refugee Commission

10 shall be composed of 7 members, who shall be appointed not

11 later than 90 days after the date of enactment of this Act

12 as follows:

13 (1) Three members shall be appointed by the

14 President.

15 (2) Two members shall be appointed by the

16 Speaker of the House of Representatives, in consulta17 tion with the Minority Leader.

18 (3) Two members shall be appointed by the Ma19 jority Leader of the Senate, in consultation with the

20 minority leader.

21 (c) TERMS.—The term of office for members shall be

22 for the life of the Jewish Refugee Commission. A vacancy

23 in the Jewish Refugee Commission shall not affect its pow24 ers, and shall be filled in the same manner in which the

25 original appointment was made.
28

S 1356 RS

1 (d) REPRESENTATION.—The Jewish Refugee Commis2 sion shall include 2 members representing the interests of

3 Jewish refugees.

4 (e) MEETINGS.—The President shall call the first meet5 ing of the Jewish Refugee Commission not later than 120

6 days after the date of enactment of this Act.

7 (f) QUORUM.—Four members of the Jewish Refugee

8 Commission shall constitute a quorum, but a lesser number

9 may hold hearings.

10 (g) CHAIRMAN.—The Jewish Refugee Commission shall

11 elect a Chairman and Vice Chairman from among its mem12 bers. The term of office of each shall be for the life of the

13 Jewish Refugee Commission.

14 (h) COMPENSATION.—

15 (1) IN GENERAL.—Members of the Jewish Ref16 ugee Commission shall serve without pay.

17 (2) REIMBURSEMENT OF EXPENSES.—All mem18 bers of the Jewish Refugee Commission shall be reim19 bursed for reasonable travel and subsistence, and

20 other reasonable and necessary expenses incurred by

21 them in the performance of their duties.

22 SEC. 202. DUTIES OF THE JEWISH REFUGEE COMMISSION.

23 (a) IN GENERAL.—It shall be the duty of the Jewish

24 Refugee Commission to review the United States Govern25 ment’s refusal to allow Jewish and other refugees fleeing
29

S 1356 RS

1 persecution in Europe entry to the United States as pro2 vided in subsection (b).

3 (b) SCOPE OF REVIEW.—The Jewish Refugee Commis4 sion’s review shall cover the period between January 1,

5 1933, through December 31, 1945, and shall include, to the

6 greatest extent practicable, the following:

7 (1) A review of the United States Government’s

8 refusal to allow Jewish and other refugees fleeing per9 secution and genocide entry to the United States, in10 cluding a review of the underlying rationale of the

11 United States Government’s decision to refuse the

12 Jewish and other refugees entry, the information the

13 United States Government received or acquired sug14 gesting such refusal was necessary, the perceived ben15 efit of such refusal, and the impact of such refusal on

16 the refugees.

17 (2) A review of Federal refugee policy relating to

18 those fleeing persecution or genocide, including rec19 ommendations for making it easier for future victims

20 of persecution or genocide to obtain refuge in the

21 United States.

22 (c) FIELD HEARINGS.—The Jewish Refugee Commis23 sion shall hold public hearings in such cities of the United

24 States as it deems appropriate.
30

S 1356 RS

1 (d) REPORT.—The Jewish Refugee Commission shall

2 submit a written report of its findings and recommenda3 tions to Congress not later than 18 months after the date

4 of the first meeting called pursuant to section 201(e).

5 SEC. 203. POWERS OF THE JEWISH REFUGEE COMMISSION.

6 (a) IN GENERAL.—The Jewish Refugee Commission

7 or, on the authorization of the Commission, any sub8 committee or member thereof, may, for the purpose of car9 rying out the provisions of this title, hold such hearings and

10 sit and act at such times and places, and request the attend11 ance and testimony of such witnesses and the production

12 of such books, records, correspondence, memorandum, pa13 pers, and documents as the Commission or such sub14 committee or member may deem advisable. The Jewish Ref15 ugee Commission may request the Attorney General to in16 voke the aid of an appropriate United States district court

17 to require, by subpoena or otherwise, such attendance, testi18 mony, or production.

19 (b) GOVERNMENT INFORMATION AND COOPERATION.—

20 The Jewish Refugee Commission may acquire directly from

21 the head of any department, agency, independent instru22 mentality, or other authority of the executive branch of the

23 Government, available information that the Jewish Refugee

24 Commission considers useful in the discharge of its duties.

25 All departments, agencies, and independent instrumental-
31

S 1356 RS

1 ities, or other authorities of the executive branch of the Gov2 ernment shall cooperate with the Jewish Refugee Commis3 sion and furnish all information requested by the Jewish

4 Refugee Commission to the extent permitted by law, includ5 ing information collected as a result of Public Law 96–317

6 and Public Law 106–451. For purposes of the Privacy Act

7 (5 U.S.C. 552a(b)(9)), the Jewish Refugee Commission shall

8 be deemed to be a committee of jurisdiction.

9 SEC. 204. ADMINISTRATIVE PROVISIONS.

10 The Jewish Refugee Commission is authorized to—

11 (1) appoint and fix the compensation of such

12 personnel as may be necessary, without regard to the

13 provisions of title 5, United States Code, governing

14 appointments in the competitive service, and without

15 regard to the provisions of chapter 51 and subchapter

16 III of chapter 53 of such title relating to classification

17 and General Schedule pay rates, except that the com18 pensation of any employee of the Commission may

19 not exceed a rate equivalent to the rate payable under

20 GS–15 of the General Schedule under section 5332 of

21 such title;

22 (2) obtain the services of experts and consultants

23 in accordance with the provisions of section 3109 of

24 such title;
32

S 1356 RS

1 (3) obtain the detail of any Federal Government

2 employee, and such detail shall be without reimburse3 ment or interruption or loss of civil service status or

4 privilege;

5 (4) enter into agreements with the Administrator

6 of General Services for procurement of necessary fi7 nancial and administrative services, for which pay8 ment shall be made by reimbursement from funds of

9 the Commission in such amounts as may be agreed

10 upon by the Chairman of the Commission and the

11 Administrator;

12 (5) procure supplies, services, and property by

13 contract in accordance with applicable laws and reg14 ulations and to the extent or in such amounts as are

15 provided in appropriation Acts; and

16 (6) enter into contracts with Federal or State

17 agencies, private firms, institutions, and agencies for

18 the conduct of research or surveys, the preparation of

19 reports, and other activities necessary to the discharge

20 of the duties of the Commission, to the extent or in

21 such amounts as are provided in appropriation Acts.

22 SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

23 From funds currently authorized to the Department of

24 Justice, there are authorized to be appropriated not to ex25 ceed $500,000 to carry out the purposes of this title.
33

S 1356 RS

1 SEC. 206. SUNSET.

2 The Jewish Refugee Commission shall terminate 60

3 days after it submits its report to Congress.

Amend the title so as to read: ‘‘A bill to establish

commissions to review the facts and circumstances surrounding injustices suffered by European Americans, European Latin Americans, and Jewish refugees during

World War II.’’.
Calendar No. 324

107TH CONGRESS

2D SESSION S. 1356

A BILL

To establish a commission to review the facts and

circumstances surrounding injustices suffered byEuropean Americans, European Latin Americans, and European refugees during World WarII.

MARCH 14, 2002

Reported by Mr. LEAHY, with an amendment and an

amendment to the title