II

105TH CONGRESS

2D SESSION S. 1900

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.

IN THE SENATE OF THE UNITED STATES

APRIL 1, 1998

Mr. D’AMATO (for himself, Ms. MOSELEY-BRAUN, Mr. SHELBY, Mr. FAIRCLOTH, Mr. BENNETT, Mr. HAGEL, Mr. SARBANES, Mr. DODD, Mr.

KERRY, Mr. BRYAN, Mrs. BOXER, Mr. REED, and Mr. DEWINE) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

A BILL

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 23 members, appointed in accordance with

10 paragraph (2).

11 (2) APPOINTMENTS.—Of the 23 members of

12 the Commission—

13 (A) 11 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.—Thirteen 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 at any time after January 30, 1933, either—
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1 (A) after having been obtained from vic2 tims of the Holocaust by, on behalf of, or under

3 authority of a government referred to in sub4 section (c); or

5 (B) because such assets were left un6 claimed as the result of actions taken by, on be7 half of, or under authority of a government re8 ferred to in subsection (c).

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

10 this paragraph include—

11 (A) gold;

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

13 metals;

14 (C) accounts in banks in the United

15 States;

16 (D) domestic financial instruments pur17 chased before May 8, 1945 by individual victims

18 of the Holocaust, whether recorded in the name

19 of the victim or in the name of a nominee, and

20 whether or not held in a brokerage account;

21 (E) insurance policies and proceeds there22 of;

23 (F) real estate situated in the United

24 States;

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

3 (3) COORDINATION OF ACTIVITIES.—In carry4 ing out its duties under paragraph (1), the Commis5 sion shall, to the maximum extent practicable, co6 ordinate its activities with, and not duplicate similar

7 activities already or being undertaken by, private in8 dividuals, private entities, or government entities,

9 whether domestic or foreign.

10 (b) COMPREHENSIVE REVIEW OF OTHER RE11 SEARCH.—Upon request by the Commission and permis12 sion by the relevant individuals or entities, the Commis13 sion shall review comprehensively research by private indi14 viduals, private entities, and non-Federal government enti15 ties, whether domestic or foreign, into the collection and

16 disposition of the assets described in subsection (a)(2), to

17 the extent that such research focuses on assets that came

18 into the possession or control of private individuals, pri19 vate entities, or non-Federal government entities within

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

21 either—

22 (1) after having been obtained from victims of

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

24 of a government referred to in subsection (c); or
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1 (2) because such assets were left unclaimed as

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

3 authority of a government referred to in subsection

4 (c).

5 (c) GOVERNMENTS INCLUDED.—A government re6 ferred to in this subsection includes, as in existence during

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

8 May 8, 1945—

9 (1) the Nazi government of Germany;

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

11 military forces of the Nazi government of Germany;

12 (3) any government established with the assist13 ance or cooperation of the Nazi government of Ger14 many; and

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

16 Nazi government of Germany.

17 (d) REPORTS.—

18 (1) SUBMISSION TO THE PRESIDENT.—Not

19 later than December 31, 1999, the Commission shall

20 submit a final report to the President that shall con21 tain any recommendations for such legislative, ad22 ministrative, or other action as it deems necessary or

23 appropriate. The Commission may submit interim

24 reports to the President as it deems appropriate.
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1 (2) SUBMISSION TO THE CONGRESS.—After re2 ceipt of the final report under paragraph (1), the

3 President shall submit to the Congress any rec4 ommendations for legislative, administrative, or

5 other action that the President considers necessary

6 or appropriate.

7 SEC. 4. POWERS OF THE COMMISSION.

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

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

10 testimony, and receive such evidence as the Commission

11 considers advisable to carry out this Act.

12 (b) INFORMATION FROM FEDERAL AGENCIES.—The

13 Commission may secure directly from any Federal depart14 ment or agency such information as the Commission con15 siders necessary to carry out this Act. Upon request of

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

17 department or agency shall furnish such information to

18 the Commission as expeditiously as possible.

19 (c) POSTAL SERVICES.—The Commission may use

20 the United States mails in the same manner and under

21 the same conditions as other departments and agencies of

22 the Federal Government.

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

24 dispose of gifts or donations of services or 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 Com9 mission shall be allowed travel expenses, including per

10 diem in lieu of subsistence, at rates authorized for employ11 ees of agencies under subchapter I of chapter 57 of title

12 5, United States Code, while away from their homes or

13 regular places of business in the performance of services

14 for the Commission.

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 re20 gard to the civil service laws and regulations, ap21 point an executive director, a deputy executive direc22 tor, and a general counsel of the Commission, and

23 such other additional personnel as may be necessary

24 to enable the Commission to perform its duties

25 under this Act.
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1 (2) QUALIFICATIONS.—The executive director,

2 deputy executive director, and general counsel of the

3 Commission shall be appointed without regard to po4 litical affiliation, and shall possess all necessary se5 curity clearances for such positions.

6 (3) DUTIES OF EXECUTIVE DIRECTOR.—The

7 executive director of the Commission shall—

8 (A) serve as principal liaison between the

9 Commission and other Government entities;

10 (B) be responsible for the administration

11 and coordination of the review of records by the

12 Commission; and

13 (C) be responsible for coordinating all offi14 cial activities of the Commission.

15 (4) COMPENSATION.—The Chairperson of the

16 Commission may fix the compensation of the execu17 tive director, deputy executive director, general coun18 sel, and other personnel employed by the Commis19 sion, without regard to the provisions of chapter 51

20 and subchapter III of chapter 53 of title 5, United

21 States Code, relating to classification of positions

22 and General Schedule pay rates, except that—

23 (A) the rate of pay for the executive direc24 tor of the Commission may not exceed the rate

25 payable for level III of the Executive Schedule
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1 under section 5314 of title 5, United States

2 Code; and

3 (B) the rate of pay for the deputy execu4 tive director, the general counsel of the Com5 mission, and other Commission personnel may

6 not exceed the rate payable for level IV of the

7 Executive Schedule under section 5315 of title

8 5, United States Code.

9 (5) EMPLOYEE BENEFITS.—

10 (A) IN GENERAL.—An employee of the

11 Commission shall be an employee for purposes

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

13 States Code, and service as an employee of the

14 Commission shall be service for purposes of

15 such chapters.

16 (B) NONAPPLICATION TO MEMBERS.—This

17 paragraph shall not apply to a member of the

18 Commission.

19 (6) OFFICE OF PERSONNEL MANAGEMENT.—

20 The Office of Personnel Management—

21 (A) may promulgate regulations to apply

22 the provisions referred to under subsection (a)

23 to employees of the Commission; and

24 (B) shall provide support services relating

25 to—
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1 (i) the initial employment of employ2 ees of the Commission; and

3 (ii) other personnel needs of the Com4 mission.

5 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any

6 Federal Government employee may be detailed to the

7 Commission without reimbursement to the agency of that

8 employee, and such detail shall be without interruption or

9 loss of civil service status or privilege.

10 (e) PROCUREMENT OF TEMPORARY AND INTERMIT11 TENT SERVICES.—The Chairperson of the Commission

12 may procure temporary and intermittent services under

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

14 for individuals which do not exceed the daily equivalent

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

16 the Executive Schedule under section 5316 of such title.

17 (f) STAFF QUALIFICATIONS.—Any person appointed

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

19 an individual of integrity and impartiality.

20 (g) CONDITIONAL EMPLOYMENT.—

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

22 employment on a conditional basis to a prospective

23 employee pending the completion of any necessary

24 security clearance background investigation. During

25 the pendency of any such investigation, the Commis-
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1 sion shall ensure than such conditional employee is

2 not given and does not have access to or responsibil3 ity involving classified or otherwise restricted mate4 rial.

5 (2) TERMINATION.—If a person hired on a con6 ditional basis as described in paragraph (1) is denied

7 or otherwise does not qualify for all security clear8 ances necessary for the fulfillment of the responsibil9 ities of that person as an employee of the Commis10 sion, the Commission shall immediately terminate

11 the employment of that person with the Commission.

12 (h) EXPEDITED SECURITY CLEARANCE PROCE13 DURES.—A candidate for executive director or deputy ex14 ecutive director of the Commission and any potential em15 ployee of the Commission shall, to the maximum extent

16 possible, be investigated or otherwise evaluated for and

17 granted, if applicable, any necessary security clearances

18 on an expedited basis.

19 SEC. 6. SUPPORT SERVICES.

20 During the 180-day period following the date of en21 actment of this Act, the General Services Administration

22 shall provide administrative support services (including of23 fices and equipment) for the Commission.
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1 SEC. 7. TERMINATION OF THE COMMISSION.

2 The Commission shall terminate 90 days after the

3 date on which the Commission submits its final report

4 under 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. FUNDING OF COMMISSION.

13 Notwithstanding section 1346 of title 31, United

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

15 Government Appropriations Act, 1998, of funds made

16 available for fiscal years 1998 and 1999 to the Depart17 ments of Justice, State, and any other appropriate agency

18 that are otherwise unobligated, not more than $3,500,000

19 shall be available for the interagency funding of activities

20 of the Commission under this Act. Funds made available

21 to the Commission pursuant to this section shall remain

22 available for obligation until December 31, 1999.

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