105TH CONGRESS

2D SESSION S. 1900

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.

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 ‘‘U.S. Holocaust Assets

5 Commission Act of 1998’’.
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1 SEC. 2. ESTABLISHMENT OF COMMISSION.

2 (a) ESTABLISHMENT.—There is established a Presi3 dential Commission, to be known as the ‘‘Presidential Ad4 visory Commission on Holocaust Assets in the United

5 States’’ (hereafter in this Act referred to as the ‘‘Commis6 sion’’).

7 (b) MEMBERSHIP.—

8 (1) NUMBER.—The Commission shall be com9 posed of 21 members, appointed in accordance with

10 paragraph (2).

11 (2) APPOINTMENTS.—Of the 21 members of

12 the Commission—

13 (A) 9 shall be private citizens, appointed

14 by the President;

15 (B) 3 shall be representatives of the De16 partment of State, the Department of Justice,

17 and the Department of the Treasury (1 rep18 resentative of each such Department), ap19 pointed by the President;

20 (C) 2 shall be Members of the House of

21 Representatives, appointed by the Speaker of

22 the House of Representatives;

23 (D) 2 shall be Members of the House of

24 Representatives, appointed by the Minority

25 Leader of the House of Representatives;
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1 (E) 2 shall be Members of the Senate, ap2 pointed by the Majority Leader of the Senate;

3 (F) 2 shall be Members of the Senate, ap4 pointed by the Minority Leader of the Senate;

5 and

6 (G) 1 shall be the Chairperson of the

7 United States Holocaust Memorial Council.

8 (3) CRITERIA FOR MEMBERSHIP.—Each private

9 citizen appointed to the Commission shall be an indi10 vidual who has a record of demonstrated leadership

11 on issues relating to the Holocaust or in the fields

12 of commerce, culture, or education that would assist

13 the Commission in analyzing the disposition of the

14 assets of Holocaust victims.

15 (4) ADVISORY PANELS.—The Chairperson of

16 the Commission may, in the discretion of the Chair17 person, establish advisory panels to the Commission,

18 including State or local officials, representatives of

19 organizations having an interest in the work of the

20 Commission, or others having expertise that is rel21 evant to the purposes of the Commission.

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

23 of the Commission shall be made not later than 90

24 days after the date of enactment of this Act.
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1 (c) CHAIRPERSON.—The Chairperson of the Commis2 sion shall be selected by the President from among the

3 members of the Commission appointed under subpara4 graph (A) or (B) of subsection (b)(2).

5 (d) PERIOD OF APPOINTMENT.—Members of the

6 Commission shall be appointed for the life of the Commis7 sion.

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

9 the Commission shall not affect its powers, but shall be

10 filled in the same manner as the original appointment.

11 (f) MEETINGS.—The Commission shall meet at the

12 call of the Chairperson at any time after the date of ap13 pointment of the Chairperson.

14 (g) QUORUM.—Eleven of the members of the Com15 mission shall constitute a quorum, but a lesser number

16 of members may hold meetings.

17 SEC. 3. DUTIES OF THE COMMISSION.

18 (a) ORIGINAL RESEARCH.—

19 (1) IN GENERAL.—Except as otherwise pro20 vided in paragraph (3), the Commission shall con21 duct a thorough study and develop an historical

22 record of the collection and disposition of the assets

23 described in paragraph (2), if such assets came into

24 the possession or control of the Federal Government,

25 including the Board of Governors of the Federal Re-
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1 serve System or any Federal reserve bank, at any

2 time after January 30, 1933—

3 (A) after having been obtained from vic4 tims of the Holocaust by, on behalf of, or under

5 authority of a government referred to in sub6 section (c);

7 (B) because such assets were left un8 claimed as the result of actions taken by, on be9 half of, or under authority of a government re10 ferred to in subsection (c); or

11 (C) in the case of assets consisting of gold

12 bullion, monetary gold, or similar assets, after

13 such assets had been obtained by the Nazi gov14 ernment of Germany from the central bank or

15 other governmental treasury in any area occu16 pied by the military forces of the Nazi govern17 ment of Germany.

18 (2) TYPES OF ASSETS.—Assets described in

19 this paragraph include—

20 (A) gold;

21 (B) gems, jewelry, and non-gold precious

22 metals;

23 (C) accounts in banks in the United

24 States;
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1 (D) domestic financial instruments pur2 chased before May 8, 1945 by individual victims

3 of the Holocaust, whether recorded in the name

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

5 (E) insurance policies and proceeds there6 of;

7 (F) real estate situated in the United

8 States;

9 (G) works of art; and

10 (H) books, manuscripts, and religious ob11 jects.

12 (3) COORDINATION OF ACTIVITIES.—In carry13 ing out its duties under paragraph (1), the Commis14 sion shall, to the maximum extent practicable, co15 ordinate its activities with, and not duplicate similar

16 activities already or being undertaken by, private in17 dividuals, private entities, or government entities,

18 whether domestic or foreign.

19 (b) COMPREHENSIVE REVIEW OF OTHER RE20 SEARCH.—Upon request by the Commission and permis21 sion by the relevant individuals or entities, the Commis22 sion shall review comprehensively research by private indi23 viduals, private entities, and non-Federal government enti24 ties, whether domestic or foreign, into the collection and

25 disposition of the assets described in subsection (a)(2), to
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1 the extent that such research focuses on assets that came

2 into the possession or control of private individuals, pri3 vate entities, or non-Federal government entities within

4 the United States at any time after January 30, 1933,

5 either—

6 (1) after having been obtained from victims of

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

8 of a government referred to in subsection (c); or

9 (2) because such assets were left unclaimed as

10 the result of actions taken by, on behalf of, or under

11 authority of a government referred to in subsection

12 (c).

13 (c) GOVERNMENTS INCLUDED.—A government re14 ferred to in this subsection includes, as in existence during

15 the period beginning on March 23, 1933, and ending on

16 May 8, 1945—

17 (1) the Nazi government of Germany;

18 (2) any government in any area occupied by the

19 military forces of the Nazi government of Germany;

20 (3) any government established with the assist21 ance or cooperation of the Nazi government of Ger22 many; and

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

24 Nazi government of Germany.

25 (d) REPORTS.—
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1 (1) SUBMISSION TO THE PRESIDENT.—Not

2 later than December 31, 1999, the Commission shall

3 submit a final report to the President that shall con4 tain any recommendations for such legislative, ad5 ministrative, or other action as it deems necessary or

6 appropriate. The Commission may submit interim

7 reports to the President as it deems appropriate.

8 (2) SUBMISSION TO THE CONGRESS.—After re9 ceipt of the final report under paragraph (1), the

10 President shall submit to the Congress any rec11 ommendations for legislative, administrative, or

12 other action that the President considers necessary

13 or appropriate.

14 SEC. 4. POWERS OF THE COMMISSION.

15 (a) HEARINGS.—The Commission may hold such

16 hearings, sit and act at such times and places, take such

17 testimony, and receive such evidence as the Commission

18 considers advisable to carry out this Act.

19 (b) INFORMATION FROM FEDERAL AGENCIES.—The

20 Commission may secure directly from any Federal depart21 ment or agency such information as the Commission con22 siders necessary to carry out this Act. Upon request of

23 the Chairperson of the Commission, the head of any such

24 department or agency shall furnish such information to

25 the Commission as expeditiously as possible.
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1 (c) POSTAL SERVICES.—The Commission may use

2 the United States mails in the same manner and under

3 the same conditions as other departments and agencies of

4 the Federal Government.

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

6 dispose of gifts or donations of services or property.

7 SEC. 5. COMMISSION PERSONNEL MATTERS.

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

9 who is a private citizen shall be compensated for service

10 on the Commission. All members of the Commission who

11 are officers or employees of the United States shall serve

12 without compensation in addition to that received for their

13 services as officers or employees of the United States.

14 (b) TRAVEL EXPENSES.—The members of the Com15 mission shall be allowed travel expenses, including per

16 diem in lieu of subsistence, at rates authorized for employ17 ees of agencies under subchapter I of chapter 57 of title

18 5, United States Code, while away from their homes or

19 regular places of business in the performance of services

20 for the Commission.

21 (c) EXECUTIVE DIRECTOR, DEPUTY EXECUTIVE DI22 RECTOR, GENERAL COUNSEL, AND OTHER STAFF.—

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

24 the selection of the Chairperson of the Commission

25 under section 2, the Chairperson shall, without re-
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1 gard to the civil service laws and regulations, ap2 point an executive director, a deputy executive direc3 tor, and a general counsel of the Commission, and

4 such other additional personnel as may be necessary

5 to enable the Commission to perform its duties

6 under this Act.

7 (2) QUALIFICATIONS.—The executive director,

8 deputy executive director, and general counsel of the

9 Commission shall be appointed without regard to po10 litical affiliation, and shall possess all necessary se11 curity clearances for such positions.

12 (3) DUTIES OF EXECUTIVE DIRECTOR.—The

13 executive director of the Commission shall—

14 (A) serve as principal liaison between the

15 Commission and other Government entities;

16 (B) be responsible for the administration

17 and coordination of the review of records by the

18 Commission; and

19 (C) be responsible for coordinating all offi20 cial activities of the Commission.

21 (4) COMPENSATION.—The Chairperson of the

22 Commission may fix the compensation of the execu23 tive director, deputy executive director, general coun24 sel, and other personnel employed by the Commis25 sion, without regard to the provisions of chapter 51
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1 and subchapter III of chapter 53 of title 5, United

2 States Code, relating to classification of positions

3 and General Schedule pay rates, except that—

4 (A) the rate of pay for the executive direc5 tor of the Commission may not exceed the rate

6 payable for level III of the Executive Schedule

7 under section 5314 of title 5, United States

8 Code; and

9 (B) the rate of pay for the deputy execu10 tive director, the general counsel of the Com11 mission, and other Commission personnel may

12 not exceed the rate payable for level IV of the

13 Executive Schedule under section 5315 of title

14 5, United States Code.

15 (5) EMPLOYEE BENEFITS.—

16 (A) IN GENERAL.—An employee of the

17 Commission shall be an employee for purposes

18 of chapters 84, 85, 87, and 89 of title 5, United

19 States Code, and service as an employee of the

20 Commission shall be service for purposes of

21 such chapters.

22 (B) NONAPPLICATION TO MEMBERS.—This

23 paragraph shall not apply to a member of the

24 Commission.
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1 (6) OFFICE OF PERSONNEL MANAGEMENT.—

2 The Office of Personnel Management—

3 (A) may promulgate regulations to apply

4 the provisions referred to under subsection (a)

5 to employees of the Commission; and

6 (B) shall provide support services relating

7 to—

8 (i) the initial employment of employ9 ees of the Commission; and

10 (ii) other personnel needs of the Com11 mission.

12 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any

13 Federal Government employee may be detailed to the

14 Commission without reimbursement to the agency of that

15 employee, and such detail shall be without interruption or

16 loss of civil service status or privilege.

17 (e) PROCUREMENT OF TEMPORARY AND INTERMIT18 TENT SERVICES.—The Chairperson of the Commission

19 may procure temporary and intermittent services under

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

21 for individuals which do not exceed the daily equivalent

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

23 the Executive Schedule under section 5316 of such title.
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1 (f) STAFF QUALIFICATIONS.—Any person appointed

2 to the staff of or employed by the Commission shall be

3 an individual of integrity and impartiality.

4 (g) CONDITIONAL EMPLOYMENT.—

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

6 employment on a conditional basis to a prospective

7 employee pending the completion of any necessary

8 security clearance background investigation. During

9 the pendency of any such investigation, the Commis10 sion shall ensure than such conditional employee is

11 not given and does not have access to or responsibil12 ity involving classified or otherwise restricted mate13 rial.

14 (2) TERMINATION.—If a person hired on a con15 ditional basis as described in paragraph (1) is denied

16 or otherwise does not qualify for all security clear17 ances necessary for the fulfillment of the responsibil18 ities of that person as an employee of the Commis19 sion, the Commission shall immediately terminate

20 the employment of that person with the Commission.

21 (h) EXPEDITED SECURITY CLEARANCE PROCE22 DURES.—A candidate for executive director or deputy ex23 ecutive director of the Commission and any potential em24 ployee of the Commission shall, to the maximum extent

25 possible, be investigated or otherwise evaluated for and
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1 granted, if applicable, any necessary security clearances

2 on an expedited basis.

3 SEC. 6. SUPPORT SERVICES.

4 During the 180-day period following the date of en5 actment of this Act, the General Services Administration

6 shall provide administrative support services (including of7 fices and equipment) for the Commission.

8 SEC. 7. TERMINATION OF THE COMMISSION.

9 The Commission shall terminate 90 days after the

10 date on which the Commission submits its final report

11 under section 3.

12 SEC. 8. MISCELLANEOUS PROVISIONS.

13 (a) INAPPLICABILITY OF FACA.—The Federal Advi14 sory Committee Act (5 U.S.C. App.) does not apply to the

15 Commission.

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

17 practicable, each meeting of the Commission shall be open

18 to members of the public.

19 SEC. 9. FUNDING OF COMMISSION.

20 Notwithstanding section 1346 of title 31, United

21 States Code, or section 611 of the Treasury and General

22 Government Appropriations Act, 1998, of funds made

23 available for fiscal years 1998 and 1999 to the Depart24 ments of Justice, State, and any other appropriate agency

25 that are otherwise unobligated, not more than $3,500,000
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1 shall be available for the interagency funding of activities

2 of the Commission under this Act. Funds made available

3 to the Commission pursuant to this section shall remain

4 available for obligation until December 31, 1999.

Passed the Senate May 1, 1998.

Attest:

Secretary.
105TH CONGRESS

2D SESSION S. 1900

AN ACT

To establish a commission to examine issues perpurposes. the President on further action, and for other World War II, and to make recommendations to in the United States before, during, and after taining to the disposition of Holocaust-era assets