S. 1900

One Hundred Fifth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-seventh day of January, one thousand nine hundred and ninety-eight

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘U.S. Holocaust Assets Commission Act of 1998’’.

SEC. 2. ESTABLISHMENT OF COMMISSION.

(a) ESTABLISHMENT.—There is established a Presidential

Commission, to be known as the ‘‘Presidential Advisory Commission

on Holocaust Assets in the United States’’ (hereafter in this Act

referred to as the ‘‘Commission’’).

(b) MEMBERSHIP.— (1) NUMBER.—The Commission shall be composed of 21

members, appointed in accordance with paragraph (2).

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

(A) eight shall be private citizens, appointed by the

President;

(B) four shall be representatives of the Department

of State, the Department of Justice, the Department of

the Army, and the Department of the Treasury (one representative of each such Department), appointed by the

President;

(C) two shall be Members of the House of Representatives, appointed by the Speaker of the House of Representatives;

(D) two shall be Members of the House of Representatives, appointed by the minority leader of the House of

Representatives;

(E) two shall be Members of the Senate, appointed

by the majority leader of the Senate;

(F) two shall be Members of the Senate, appointed

by the minority leader of the Senate; and

(G) one shall be the Chairperson of the United States

Holocaust Memorial Council.

(3) CRITERIA FOR MEMBERSHIP.—Each private citizen

appointed to the Commission shall be an individual who has

a record of demonstrated leadership on issues relating to the

Holocaust or in the fields of commerce, culture, or education
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that would assist the Commission in analyzing the disposition

of the assets of Holocaust victims.

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

may, in the discretion of the Chairperson, establish advisory

panels to the Commission, including State or local officials,

representatives of organizations having an interest in the work

of the Commission, or others having expertise that is relevant

to the purposes of the Commission.

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

Commission shall be made not later than 90 days after the

date of enactment of this Act.

(c) CHAIRPERSON.—The Chairperson of the Commission shall

be selected by the President from among the members of the

Commission appointed under subparagraph (A) or (B) of subsection

(b)(2).

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

shall be appointed for the life of the Commission.

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

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

same manner as the original appointment.

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

Chairperson at any time after the date of appointment of the

Chairperson.

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

a quorum, but a lesser number of members may hold meetings.

SEC. 3. DUTIES OF THE COMMISSION.

(a) ORIGINAL RESEARCH.— (1) IN GENERAL.—Except as otherwise provided in paragraph (3), the Commission shall conduct a thorough study

and develop a historical record of the collection and disposition

of the assets described in paragraph (2), if such assets came

into the possession or control of the Federal Government,

including the Board of Governors of the Federal Reserve System

and any Federal reserve bank, at any time after January 30,

1933—

(A) after having been obtained from victims of the

Holocaust by, on behalf of, or under authority of a government referred to in subsection (c);

(B) because such assets were left unclaimed as the

result of actions taken by, on behalf of, or under authority

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

(C) in the case of assets consisting of gold bullion,

monetary gold, or similar assets, after such assets had

been obtained by the Nazi government of Germany from

governmental institutions in any area occupied by the military forces of the Nazi government of Germany.

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

include—

(A) gold, including gold bullion, monetary gold, or similar assets in the possession of or under the control of

the Board of Governors of the Federal Reserve System

or any Federal reserve bank;

(B) gems, jewelry, and nongold precious metals;

(C) accounts in banks in the United States;

(D) domestic financial instruments purchased before

May 8, 1945, by individual victims of the Holocaust,
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whether recorded in the name of the victim or in the

name of a nominee;

(E) insurance policies and proceeds thereof;

(F) real estate situated in the United States;

(G) works of art; and

(H) books, manuscripts, and religious objects.

(3) COORDINATION OF ACTIVITIES.—In carrying out its duties

under paragraph (1), the Commission shall, to the maximum

extent practicable, coordinate its activities with, and not duplicate similar activities already being undertaken by, private

individuals, private entities, or government entities, whether

domestic or foreign.

(4) INSURANCE POLICIES.—

(A) IN GENERAL.—In carrying out its duties under this

Act, the Commission shall take note of the work of the

National Association of Insurance Commissioners with

regard to Holocaust-era insurance issues and shall encourage the National Association of Insurance Commissioners

to prepare a report on the Holocaust-related claims practices of all insurance companies, both domestic and foreign,

doing business in the United States at any time after

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

or property-casualty insurance policy to any individual on

any list of Holocaust victims, including the following lists:

(i) The list maintained by the United States Holocaust Memorial Museum in Washington, D.C., of Jewish Holocaust survivors.

(ii) The list maintained by the Yad Vashem Holocaust Memorial Authority in its Hall of Names of

individuals who died in the Holocaust.

(B) INFORMATION TO BE INCLUDED.—The report on

insurance companies prepared pursuant to subparagraph

(A) should include the following, to the degree the information is available:

(i) The number of policies issued by each company

to individuals described in such subparagraph.

(ii) The value of each policy at the time of issue.

(iii) The total number of policies, and the dollar

amount, that have been paid out.

(iv) The total present-day value of assets in the

United States of each company.

(C) COORDINATION.—The Commission shall coordinate

its work on insurance issues with that of the international

Washington Conference on Holocaust-Era Assets, to be convened by the Department of State and the United States

Holocaust Memorial Council.

(b) COMPREHENSIVE REVIEW OF OTHER RESEARCH.—Upon

receiving permission from any relevant individuals or entities, the

Commission shall review comprehensively any research by private

individuals, private entities, and non-Federal government entities,

whether domestic or foreign, into the collection and disposition

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

such research focuses on assets that came into the possession or

control of private individuals, private entities, or non-Federal

government entities within the United States at any time after

January 30, 1933, either—
S. 1900—4

(1) after having been obtained from victims of the Holocaust

by, on behalf of, or under authority of a government referred

to in subsection (c); or

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

of actions taken by, on behalf of, or under authority of a

government referred to in subsection (c).

(c) GOVERNMENTS INCLUDED.—A government referred to in this

subsection includes, as in existence during the period beginning

on March 23, 1933, and ending on May 8, 1945—

(1) the Nazi government of Germany;

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

forces of the Nazi government of Germany;

(3) any government established with the assistance or

cooperation of the Nazi government of Germany; and

(4) any government which was an ally of the Nazi government of Germany.

(d) REPORTS.—

(1) SUBMISSION TO THE PRESIDENT.—Not later than December 31, 1999, the Commission shall submit a final report to

the President that shall contain any recommendations for such

legislative, administrative, or other action as it deems necessary

or appropriate. The Commission may submit interim reports

to the President as it deems appropriate.

(2) SUBMISSION TO THE CONGRESS.—After receipt of the

final report under paragraph (1), the President shall submit

to the Congress any recommendations for legislative, administrative, or other action that the President considers necessary

or appropriate.

SEC. 4. POWERS OF THE COMMISSION.

(a) HEARINGS.—The Commission may hold such hearings, sit

and act at such times and places, take such testimony, and receive

such evidence as the Commission considers advisable to carry out

this Act.

(b) INFORMATION FROM FEDERAL AGENCIES.—The Commission

may secure directly from any Federal department or agency such

information as the Commission considers necessary to carry out

this Act. Upon request of the Chairperson of the Commission,

the head of any such department or agency shall furnish such

information to the Commission as expeditiously as possible.

(c) 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.

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

gifts or donations of services or property.

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

administrative services necessary to carry out the purposes of this

Act, including the leasing of real property for use by the Commission

as an office, the Commission shall have the power to—

(1) enter into contracts and modify, or consent to the modification of, any contract or agreement to which the Commission

is a party; and

(2) acquire, hold, lease, maintain, or dispose of real and

personal property.
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SEC. 5. COMMISSION PERSONNEL MATTERS.

(a) COMPENSATION.—No member of the Commission who is

a private citizen shall be compensated for service on the Commission. All members of the Commission who are officers or employees

of the United States shall serve without compensation in addition

to that received for their services as officers or employees of the

United States.

(b) TRAVEL EXPENSES.—The members of the Commission shall

be allowed travel expenses, including per diem in lieu of subsistence,

at rates authorized for employees 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) EXECUTIVE DIRECTOR, DEPUTY EXECUTIVE DIRECTOR, GENERAL COUNSEL, AND OTHER STAFF.—

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

of the Chairperson of the Commission under section 2, the

Chairperson shall, without regard to the civil service laws

and regulations, appoint an executive director, a deputy executive director, and a general counsel of the Commission, and

such other additional personnel as may be necessary to enable

the Commission to perform its duties under this Act.

(2) QUALIFICATIONS.—The executive director, deputy executive director, and general counsel of the Commission shall

be appointed without regard to political affiliation, and shall

possess all necessary security clearances for such positions.

(3) DUTIES OF EXECUTIVE DIRECTOR.—The executive director

of the Commission shall—

(A) serve as principal liaison between the Commission

and other Government entities;

(B) be responsible for the administration and coordination of the review of records by the Commission; and

(C) be responsible for coordinating all official activities

of the Commission.

(4) COMPENSATION.—The Chairperson of the Commission

may fix the compensation of the executive director, deputy

executive director, general counsel, and other personnel

employed by the Commission, without regard to the provisions

of chapter 51 and subchapter III of chapter 53 of title 5,

United States Code, relating to classification of positions and

General Schedule pay rates, except that—

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

Commission may not exceed the rate payable for level

III of the Executive Schedule under section 5314 of title

5, United States Code; and

(B) the rate of pay for the deputy executive director,

the general counsel of the Commission, and other Commission personnel may not exceed the rate payable for level

IV of the Executive Schedule under section 5315 of title

5, United States Code.

(5) EMPLOYEE BENEFITS.—

(A) IN GENERAL.—An employee of the Commission shall

be an employee for purposes of chapters 83, 84, 85, 87,

and 89 of title 5, United States Code, and service as an

employee of the Commission shall be service for purposes

of such chapters.
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(B) NONAPPLICATION TO MEMBERS.—This paragraph

shall not apply to a member of the Commission.

(6) OFFICE OF PERSONNEL MANAGEMENT.—The Office of

Personnel Management—

(A) may promulgate regulations to apply the provisions

referred to under subsection (a) to employees of the

Commission; and

(B) shall provide support services, on a reimbursable

basis, relating to—

(i) the initial employment of employees of the

Commission; and

(ii) other personnel needs of the Commission.

(d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Government employee may be detailed to the Commission without

reimbursement to the agency of that employee, and such detail

shall be without interruption or loss of civil service status or privilege.

(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT 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 which 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) STAFF QUALIFICATIONS.—Any person appointed to the staff

of or employed by the Commission shall be an individual of integrity

and impartiality.

(g) CONDITIONAL EMPLOYMENT.—

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

on a conditional basis to a prospective employee pending the

completion of any necessary security clearance background

investigation. During the pendency of any such investigation,

the Commission shall ensure that such conditional employee

is not given and does not have access to or responsibility

involving classified or otherwise restricted material.

(2) TERMINATION.—If a person hired on a conditional basis

as described in paragraph (1) is denied or otherwise does not

qualify for all security clearances necessary for the fulfillment

of the responsibilities of that person as an employee of the

Commission, the Commission shall immediately terminate the

employment of that person with the Commission.

(h) EXPEDITED SECURITY CLEARANCE PROCEDURES.—A candidate for executive director or deputy executive director of the

Commission and any potential employee of the Commission shall,

to the maximum extent possible, be investigated or otherwise evaluated for and granted, if applicable, any necessary security clearances

on an expedited basis.

SEC. 6. ADMINISTRATIVE SUPPORT SERVICES.

Upon the request of the Commission, the Administrator of

General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the

Commission to carry out its responsibilities under this Act.

SEC. 7. TERMINATION OF THE COMMISSION.

The Commission shall terminate 90 days after the date on

which the Commission submits its final report under section 3.
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SEC. 8. MISCELLANEOUS PROVISIONS.

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

(b) PUBLIC ATTENDANCE.—To the maximum extent practicable,

each meeting of the Commission shall be open to members of

the public.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated not more than

$3,500,000, in total, for the interagency funding of activities of

the Commission under this Act for fiscal years 1998, 1999, and

2000, of which, notwithstanding section 1346 of title 31, United

States Code, and section 611 of the Treasury and General Government Appropriations Act, 1998, $537,000 shall be made available

in equal amounts from funds made available for fiscal year 1998

to the Departments of Justice, State, and the Army that are otherwise unobligated. Funds made available to the Commission pursuant to this section shall remain available for obligation until December 31, 1999.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.