105TH CONGRESS

2D SESSION S. 1900

AMENDMENT
In the House of Representatives, U. S.,

June 9, 1998.

Resolved, That the bill from the Senate (S. 1900) entitled ‘‘An Act to establish a commission to examine issues pertaining to the disposition of Holocaust-era assets in the

United States before, during, and after World War II, and

to make recommendations to the President on further action,

and for other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘U.S. Holocaust Assets

3 Commission Act of 1998’’.

4 SEC. 2. ESTABLISHMENT OF COMMISSION.

5 (a) ESTABLISHMENT.—There is established a Presi6 dential Commission, to be known as the ‘‘Presidential Advi7 sory Commission on Holocaust Assets in the United States’’

8 (hereafter in this Act referred to as the ‘‘Commission’’).

9 (b) MEMBERSHIP.—

10 (1) NUMBER.—The Commission shall be com11 posed of 21 members, appointed in accordance with

12 paragraph (2).
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1 (2) APPOINTMENTS.—Of the 21 members of the

2 Commission—

3 (A) eight shall be private citizens, ap4 pointed by the President;

5 (B) four shall be representatives of the De6 partment of State, the Department of Justice, the

7 Department of the Army, and the Department of

8 the Treasury (one representative of each such De9 partment), appointed by the President;

10 (C) two shall be Members of the House of

11 Representatives, appointed by the Speaker of the

12 House of Representatives;

13 (D) two shall be Members of the House of

14 Representatives, appointed by the minority lead15 er of the House of Representatives;

16 (E) two shall be Members of the Senate, ap17 pointed by the majority leader of the Senate;

18 (F) two shall be Members of the Senate, ap19 pointed by the minority leader of the Senate;

20 and

21 (G) one shall be the Chairperson of the

22 United States Holocaust Memorial Council.

23 (3) CRITERIA FOR MEMBERSHIP.—Each private

24 citizen appointed to the Commission shall be an indi25 vidual who has a record of demonstrated leadership
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1 on issues relating to the Holocaust or in the fields of

2 commerce, culture, or education that would assist the

3 Commission in analyzing the disposition of the assets

4 of Holocaust victims.

5 (4) ADVISORY PANELS.—The Chairperson of the

6 Commission may, in the discretion of the Chair7 person, establish advisory panels to the Commission,

8 including State or local officials, representatives of

9 organizations having an interest in the work of the

10 Commission, or others having expertise that is rel11 evant to the purposes of the Commission.

12 (5) DATE.—The appointments of the members of

13 the Commission shall be made not later than 90 days

14 after the date of enactment of this Act.

15 (c) CHAIRPERSON.—The Chairperson of the Commis16 sion shall be selected by the President from among the mem17 bers of the Commission appointed under subparagraph (A)

18 or (B) of subsection (b)(2).

19 (d) PERIOD OF APPOINTMENT.—Members of the Com20 mission shall be appointed for the life of the Commission.

21 (e) VACANCIES.—Any vacancy in the membership of

22 the Commission shall not affect its powers, but shall be filled

23 in the same manner as the original appointment.
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1 (f) MEETINGS.—The Commission shall meet at the call

2 of the Chairperson at any time after the date of appoint3 ment of the Chairperson.

4 (g) QUORUM.—11 members of the Commission shall

5 constitute a quorum, but a lesser number of members may

6 hold meetings.

7 SEC. 3. DUTIES OF THE COMMISSION.

8 (a) ORIGINAL RESEARCH.—

9 (1) IN GENERAL.—Except as otherwise provided

10 in paragraph (3), the Commission shall conduct a

11 thorough study and develop a historical record of the

12 collection and disposition of the assets described in

13 paragraph (2), if such assets came into the possession

14 or control of the Federal Government, including the

15 Board of Governors of the Federal Reserve System

16 and any Federal reserve bank, at any time after Jan17 uary 30, 1933—

18 (A) after having been obtained from victims

19 of the Holocaust by, on behalf of, or under au20 thority of a government referred to in subsection

21 (c);

22 (B) because such assets were left unclaimed

23 as the result of actions taken by, on behalf of, or

24 under authority of a government referred to in

25 subsection (c); or
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1 (C) in the case of assets consisting of gold

2 bullion, monetary gold, or similar assets, after

3 such assets had been obtained by the Nazi gov4 ernment of Germany from governmental institu5 tions in any area occupied by the military forces

6 of the Nazi government of Germany.

7 (2) TYPES OF ASSETS.—Assets described in this

8 paragraph include—

9 (A) gold, including gold bullion, monetary

10 gold, or similar assets in the possession of or

11 under the control of the Board of Governors of

12 the Federal Reserve System or any Federal re13 serve bank;

14 (B) gems, jewelry, and nongold precious

15 metals;

16 (C) accounts in banks in the United States;

17 (D) domestic financial instruments pur18 chased before May 8, 1945, by individual victims

19 of the Holocaust, whether recorded in the name

20 of the victim or in the name of a nominee;

21 (E) insurance policies and proceeds thereof;

22 (F) real estate situated in the United

23 States;

24 (G) works of art; and
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1 (H) books, manuscripts, and religious ob2 jects.

3 (3) COORDINATION OF ACTIVITIES.—In carrying

4 out its duties under paragraph (1), the Commission

5 shall, to the maximum extent practicable, coordinate

6 its activities with, and not duplicate similar activi7 ties already being undertaken by, private individuals,

8 private entities, or government entities, whether do9 mestic or foreign.

10 (4) INSURANCE POLICIES.—

11 (A) IN GENERAL.—In carrying out its du12 ties under this Act, the Commission shall take

13 note of the work of the National Association of

14 Insurance Commissioners with regard to Holo15 caust-era insurance issues and shall encourage

16 the National Association of Insurance Commis17 sioners to prepare a report on the Holocaust-re18 lated claims practices of all insurance compa19 nies, both domestic and foreign, doing business

20 in the United States at any time after January

21 30, 1933, that issued any individual life, health,

22 or property-casualty insurance policy to any in23 dividual on any list of Holocaust victims, in24 cluding the following lists:
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1 (i) The list maintained by the United

2 States Holocaust Memorial Museum in

3 Washington, D.C., of Jewish Holocaust sur4 vivors.

5 (ii) The list maintained by the Yad

6 Vashem Holocaust Memorial Authority in

7 its Hall of Names of individuals who died

8 in the Holocaust.

9 (B) INFORMATION TO BE INCLUDED.—The

10 report on insurance companies prepared pursu11 ant to subparagraph (A) should include the fol12 lowing, to the degree the information is avail13 able:

14 (i) The number of policies issued by

15 each company to individuals described in

16 such subparagraph.

17 (ii) The value of each policy at the

18 time of issue.

19 (iii) The total number of policies, and

20 the dollar amount, that have been paid out.

21 (iv) The total present-day value of as22 sets in the United States of each company.

23 (C) COORDINATION.—The Commission shall

24 coordinate its work on insurance issues with that

25 of the international Washington Conference on
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1 Holocaust-Era Assets, to be convened by the De2 partment of State and the United States Holo3 caust Memorial Council.

4 (b) COMPREHENSIVE REVIEW OF OTHER RE5 SEARCH.—Upon receiving permission from any relevant in6 dividuals or entities, the Commission shall review com7 prehensively any research by private individuals, private

8 entities, and non-Federal government entities, whether do9 mestic or foreign, into the collection and disposition of the

10 assets described in subsection (a)(2), to the extent that such

11 research focuses on assets that came into the possession or

12 control of private individuals, private entities, or non-Fed13 eral government entities within the United States at any

14 time after January 30, 1933, either—

15 (1) after having been obtained from victims of

16 the Holocaust by, on behalf of, or under authority of

17 a government referred to in subsection (c); or

18 (2) because such assets were left unclaimed as the

19 result of actions taken by, on behalf of, or under au20 thority of a government referred to in subsection (c).

21 (c) GOVERNMENTS INCLUDED.—A government referred

22 to in this subsection includes, as in existence during the

23 period beginning on March 23, 1933, and ending on May

24 8, 1945—

25 (1) the Nazi government of Germany;
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1 (2) any government in any area occupied by the

2 military forces of the Nazi government of Germany;

3 (3) any government established with the assist4 ance or cooperation of the Nazi government of Ger5 many; and

6 (4) any government which was an ally of the

7 Nazi government of Germany.

8 (d) REPORTS.—

9 (1) SUBMISSION TO THE PRESIDENT.—Not later

10 than December 31, 1999, the Commission shall submit

11 a final report to the President that shall contain any

12 recommendations for such legislative, administrative,

13 or other action as it deems necessary or appropriate.

14 The Commission may submit interim reports to the

15 President as it deems appropriate.

16 (2) SUBMISSION TO THE CONGRESS.—After re17 ceipt of the final report under paragraph (1), the

18 President shall submit to the Congress any rec19 ommendations for legislative, administrative, or other

20 action that the President considers necessary or ap21 propriate.

22 SEC. 4. POWERS OF THE COMMISSION.

23 (a) HEARINGS.—The Commission may hold such hear24 ings, sit and act at such times and places, take such testi-
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1 mony, and receive such evidence as the Commission consid2 ers advisable to carry out this Act.

3 (b) INFORMATION FROM FEDERAL AGENCIES.—The

4 Commission may secure directly from any Federal depart5 ment or agency such information as the Commission con6 siders necessary to carry out this Act. Upon request of the

7 Chairperson of the Commission, the head of any such de8 partment or agency shall furnish such information to the

9 Commission as expeditiously as possible.

10 (c) POSTAL SERVICES.—The Commission may use the

11 United States mails in the same manner and under the

12 same conditions as other departments and agencies of the

13 Federal Government.

14 (d) GIFTS.—The Commission may accept, use, and

15 dispose of gifts or donations of services or property.

16 (e) ADMINISTRATIVE SERVICES.—For the purposes of

17 obtaining administrative services necessary to carry out the

18 purposes of this Act, including the leasing of real property

19 for use by the Commission as an office, the Commission

20 shall have the power to—

21 (1) enter into contracts and modify, or consent

22 to the modification of, any contract or agreement to

23 which the Commission is a party; and

24 (2) acquire, hold, lease, maintain, or dispose of

25 real and personal property.
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1 SEC. 5. COMMISSION PERSONNEL MATTERS.

2 (a) COMPENSATION.—No member of the Commission

3 who is a private citizen shall be compensated for service

4 on the Commission. All members of the Commission who

5 are officers or employees of the United States shall serve

6 without compensation in addition to that received for their

7 services as officers or employees of the United States.

8 (b) TRAVEL EXPENSES.—The members of the Commis9 sion shall be allowed travel expenses, including per diem

10 in lieu of subsistence, at rates authorized for employees of

11 agencies under subchapter I of chapter 57 of title 5, United

12 States Code, while away from their homes or regular places

13 of business in the performance of services for the Commis14 sion.

15 (c) EXECUTIVE DIRECTOR, DEPUTY EXECUTIVE DI16 RECTOR, GENERAL COUNSEL, AND OTHER STAFF.—

17 (1) IN GENERAL.—Not later than 90 days after

18 the selection of the Chairperson of the Commission

19 under section 2, the Chairperson shall, without regard

20 to the civil service laws and regulations, appoint an

21 executive director, a deputy executive director, and a

22 general counsel of the Commission, and such other ad23 ditional personnel as may be necessary to enable the

24 Commission to perform its duties under this Act.

25 (2) QUALIFICATIONS.—The executive director,

26 deputy executive director, and general counsel of the
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1 Commission shall be appointed without regard to po2 litical affiliation, and shall possess all necessary secu3 rity clearances for such positions.

4 (3) DUTIES OF EXECUTIVE DIRECTOR.—The ex5 ecutive director of the Commission shall—

6 (A) serve as principal liaison between the

7 Commission and other Government entities;

8 (B) be responsible for the administration

9 and coordination of the review of records by the

10 Commission; and

11 (C) be responsible for coordinating all offi12 cial activities of the Commission.

13 (4) COMPENSATION.—The Chairperson of the

14 Commission may fix the compensation of the execu15 tive director, deputy executive director, general coun16 sel, and other personnel employed by the Commission,

17 without regard to the provisions of chapter 51 and

18 subchapter III of chapter 53 of title 5, United States

19 Code, relating to classification of positions and Gen20 eral Schedule pay rates, except that—

21 (A) the rate of pay for the executive director

22 of the Commission may not exceed the rate pay23 able for level III of the Executive Schedule under

24 section 5314 of title 5, United States Code; and
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1 (B) the rate of pay for the deputy executive

2 director, the general counsel of the Commission,

3 and other Commission personnel may not exceed

4 the rate payable for level IV of the Executive

5 Schedule under section 5315 of title 5, United

6 States Code.

7 (5) EMPLOYEE BENEFITS.—

8 (A) IN GENERAL.—An employee of the Com9 mission shall be an employee for purposes of

10 chapters 83, 84, 85, 87, and 89 of title 5, United

11 States Code, and service as an employee of the

12 Commission shall be service for purposes of such

13 chapters.

14 (B) NONAPPLICATION TO MEMBERS.—This

15 paragraph shall not apply to a member of the

16 Commission.

17 (6) OFFICE OF PERSONNEL MANAGEMENT.—The

18 Office of Personnel Management—

19 (A) may promulgate regulations to apply

20 the provisions referred to under subsection (a) to

21 employees of the Commission; and

22 (B) shall provide support services, on a re23 imbursable basis, relating to—

24 (i) the initial employment of employees

25 of the Commission; and
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1 (ii) other personnel needs of the Com2 mission.

3 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Fed4 eral Government employee may be detailed to the Commis5 sion without reimbursement to the agency of that employee,

6 and such detail shall be without interruption or loss of civil

7 service status or privilege.

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

10 procure temporary and intermittent services under section

11 3109(b) of title 5, United States Code, at rates for individ12 uals which do not exceed the daily equivalent of the annual

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

14 Schedule under section 5316 of such title.

15 (f) STAFF QUALIFICATIONS.—Any person appointed to

16 the staff of or employed by the Commission shall be an indi17 vidual of integrity and impartiality.

18 (g) CONDITIONAL EMPLOYMENT.—

19 (1) IN GENERAL.—The Commission may offer

20 employment on a conditional basis to a prospective

21 employee pending the completion of any necessary se22 curity clearance background investigation. During the

23 pendency of any such investigation, the Commission

24 shall ensure that such conditional employee is not
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1 given and does not have access to or responsibility in2 volving classified or otherwise restricted material.

3 (2) TERMINATION.—If a person hired on a con4 ditional basis as described in paragraph (1) is denied

5 or otherwise does not qualify for all security clear6 ances necessary for the fulfillment of the responsibil7 ities of that person as an employee of the Commis8 sion, the Commission shall immediately terminate the

9 employment of that person with the Commission.

10 (h) EXPEDITED SECURITY CLEARANCE PROCE11 DURES.—A candidate for executive director or deputy exec12 utive director of the Commission and any potential em13 ployee of the Commission shall, to the maximum extent pos14 sible, be investigated or otherwise evaluated for and granted,

15 if applicable, any necessary security clearances on an expe16 dited basis.

17 SEC. 6. ADMINISTRATIVE SUPPORT SERVICES.

18 Upon the request of the Commission, the Adminis19 trator of General Services shall provide to the Commission,

20 on a reimbursable basis, the administrative support services

21 necessary for the Commission to carry out its responsibil22 ities under this Act.
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1 SEC. 7. TERMINATION OF THE COMMISSION.

2 The Commission shall terminate 90 days after the date

3 on which the Commission submits its final report under

4 section 3.

5 SEC. 8. MISCELLANEOUS PROVISIONS.

6 (a) INAPPLICABILITY OF FACA.—The Federal Advi7 sory Committee Act (5 U.S.C. App.) does not apply to the

8 Commission.

9 (b) PUBLIC ATTENDANCE.—To the maximum extent

10 practicable, each meeting of the Commission shall be open

11 to members of the public.

12 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated not more than

14 $3,500,000, in total, for the interagency funding of activi15 ties of the Commission under this Act for fiscal years 1998,

16 1999, and 2000, of which, notwithstanding section 1346 of

17 title 31, United States Code, and section 611 of the Treas18 ury and General Government Appropriations Act, 1998,

19 $537,000 shall be made available in equal amounts from

20 funds made available for fiscal year 1998 to the Depart21 ments of Justice, State, and the Army that are otherwise

22 unobligated. Funds made available to the Commission pur-
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1 suant to this section shall remain available for obligation

2 until December 31, 1999.

Attest:

Clerk.