Calendar No. 351

105TH CONGRESS

2D SESSION S. 1900

A BILL

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

APRIL 30, 1998

Reported with an amendment
II

Calendar No. 351

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, Mr. DEWINE, Mr. ALLARD, Mr. KOHL, Mr. COVERDELL, Mr. INOUYE, Mr. ABRAHAM, Mrs.

FEINSTEIN, Mr. KENNEDY, Mr. SANTORUM, Mr. BOND, Mr. BINGAMAN,

Mr. DURBIN, Mr. THOMAS, and Mr. ENZI) introduced the following bill;

which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

APRIL 30, 1998

Reported by Mr. D’AMATO, with an amendment

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

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.
2

•S 1900 RS

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’’.

6 SEC. 2. ESTABLISHMENT OF COMMISSION.

7 (a) ESTABLISHMENT.—There is established a Presi8 dential Commission, to be known as the ‘‘Presidential Ad9 visory Commission on Holocaust Assets in the United

10 States’’ (hereafter in this Act referred to as the ‘‘Commis11 sion’’).

12 (b) MEMBERSHIP.—

13 (1) NUMBER.—The Commission shall be com14 posed of 23 members, appointed in accordance with

15 paragraph (2).

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

17 the Commission—

18 (A) 11 shall be private citizens, appointed

19 by the President;

20 (B) 3 shall be representatives of the De21 partment of State, the Department of Justice,

22 and the Department of the Treasury (1 rep23 resentative of each such Department), ap24 pointed by the President;
3

•S 1900 RS

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

2 Representatives, appointed by the Speaker of

3 the House of Representatives;

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

5 Representatives, appointed by the Minority

6 Leader of the House of Representatives;

7 (E) 2 shall be Members of the Senate, ap8 pointed by the Majority Leader of the Senate;

9 (F) 2 shall be Members of the Senate, ap10 pointed by the Minority Leader of the Senate;

11 and

12 (G) 1 shall be the Chairperson of the

13 United States Holocaust Memorial Council.

14 (3) CRITERIA FOR MEMBERSHIP.—Each private

15 citizen appointed to the Commission shall be an indi16 vidual who has a record of demonstrated leadership

17 on issues relating to the Holocaust or in the fields

18 of commerce, culture, or education that would assist

19 the Commission in analyzing the disposition of the

20 assets of Holocaust victims.

21 (4) ADVISORY PANELS.—The Chairperson of

22 the Commission may, in the discretion of the Chair23 person, establish advisory panels to the Commission,

24 including State or local officials, representatives of

25 organizations having an interest in the work of the
4

•S 1900 RS

1 Commission, or others having expertise that is rel2 evant to the purposes of the Commission.

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

4 of the Commission shall be made not later than 90

5 days after the date of enactment of this Act.

6 (c) CHAIRPERSON.—The Chairperson of the Commis7 sion shall be selected by the President from among the

8 members of the Commission appointed under subpara9 graph (A) or (B) of subsection (b)(2).

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

11 Commission shall be appointed for the life of the Commis12 sion.

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

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

15 filled in the same manner as the original appointment.

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

17 call of the Chairperson at any time after the date of ap18 pointment of the Chairperson.

19 (g) QUORUM.—Thirteen of the members of the Com20 mission shall constitute a quorum, but a lesser number

21 of members may hold meetings.

22 SEC. 3. DUTIES OF THE COMMISSION.

23 (a) ORIGINAL RESEARCH.—

24 (1) IN GENERAL.—Except as otherwise pro25 vided in paragraph (3), the Commission shall con-
5

•S 1900 RS

1 duct a thorough study and develop an historical

2 record of the collection and disposition of the assets

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

4 the possession or control of the Federal Government

5 at any time after January 30, 1933, either—

6 (A) after having been obtained from vic7 tims of the Holocaust by, on behalf of, or under

8 authority of a government referred to in sub9 section (c); or

10 (B) because such assets were left un11 claimed as the result of actions taken by, on be12 half of, or under authority of a government re13 ferred to in subsection (c).

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

15 this paragraph include—

16 (A) gold;

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

18 metals;

19 (C) accounts in banks in the United

20 States;

21 (D) domestic financial instruments pur22 chased before May 8, 1945 by individual victims

23 of the Holocaust, whether recorded in the name

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

25 whether or not held in a brokerage account;
6

•S 1900 RS

1 (E) insurance policies and proceeds there2 of;

3 (F) real estate situated in the United

4 States;

5 (G) works of art; and

6 (H) books, manuscripts, and religious ob7 jects.

8 (3) COORDINATION OF ACTIVITIES.—In carry9 ing out its duties under paragraph (1), the Commis10 sion shall, to the maximum extent practicable, co11 ordinate its activities with, and not duplicate similar

12 activities already or being undertaken by, private in13 dividuals, private entities, or government entities,

14 whether domestic or foreign.

15 (b) COMPREHENSIVE REVIEW OF OTHER RE16 SEARCH.—Upon request by the Commission and permis17 sion by the relevant individuals or entities, the Commis18 sion shall review comprehensively research by private indi19 viduals, private entities, and non-Federal government enti20 ties, whether domestic or foreign, into the collection and

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

22 the extent that such research focuses on assets that came

23 into the possession or control of private individuals, pri24 vate entities, or non-Federal government entities within
7

•S 1900 RS

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

2 either—

3 (1) after having been obtained from victims of

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

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

6 (2) because such assets were left unclaimed as

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

8 authority of a government referred to in subsection

9 (c).

10 (c) GOVERNMENTS INCLUDED.—A government re11 ferred to in this subsection includes, as in existence during

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

13 May 8, 1945—

14 (1) the Nazi government of Germany;

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

16 military forces of the Nazi government of Germany;

17 (3) any government established with the assist18 ance or cooperation of the Nazi government of Ger19 many; and

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

21 Nazi government of Germany.

22 (d) REPORTS.—

23 (1) SUBMISSION TO THE PRESIDENT.—Not

24 later than December 31, 1999, the Commission shall

25 submit a final report to the President that shall con-
8

•S 1900 RS

1 tain any recommendations for such legislative, ad2 ministrative, or other action as it deems necessary or

3 appropriate. The Commission may submit interim

4 reports to the President as it deems appropriate.

5 (2) SUBMISSION TO THE CONGRESS.—After re6 ceipt of the final report under paragraph (1), the

7 President shall submit to the Congress any rec8 ommendations for legislative, administrative, or

9 other action that the President considers necessary

10 or appropriate.

11 SEC. 4. POWERS OF THE COMMISSION.

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

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

14 testimony, and receive such evidence as the Commission

15 considers advisable to carry out this Act.

16 (b) INFORMATION FROM FEDERAL AGENCIES.—The

17 Commission may secure directly from any Federal depart18 ment or agency such information as the Commission con19 siders necessary to carry out this Act. Upon request of

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

21 department or agency shall furnish such information to

22 the Commission as expeditiously as possible.

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

24 the United States mails in the same manner and under
9

•S 1900 RS

1 the same conditions as other departments and agencies of

2 the Federal Government.

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

4 dispose of gifts or donations of services or property.

5 SEC. 5. COMMISSION PERSONNEL MATTERS.

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

7 who is a private citizen shall be compensated for service

8 on the Commission. All members of the Commission who

9 are officers or employees of the United States shall serve

10 without compensation in addition to that received for their

11 services as officers or employees of the United States.

12 (b) TRAVEL EXPENSES.—The members of the Com13 mission shall be allowed travel expenses, including per

14 diem in lieu of subsistence, at rates authorized for employ15 ees of agencies under subchapter I of chapter 57 of title

16 5, United States Code, while away from their homes or

17 regular places of business in the performance of services

18 for the Commission.

19 (c) EXECUTIVE DIRECTOR, DEPUTY EXECUTIVE DI20 RECTOR, GENERAL COUNSEL, AND OTHER STAFF.—

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

22 the selection of the Chairperson of the Commission

23 under section 2, the Chairperson shall, without re24 gard to the civil service laws and regulations, ap25 point an executive director, a deputy executive direc-
10

•S 1900 RS

1 tor, and a general counsel of the Commission, and

2 such other additional personnel as may be necessary

3 to enable the Commission to perform its duties

4 under this Act.

5 (2) QUALIFICATIONS.—The executive director,

6 deputy executive director, and general counsel of the

7 Commission shall be appointed without regard to po8 litical affiliation, and shall possess all necessary se9 curity clearances for such positions.

10 (3) DUTIES OF EXECUTIVE DIRECTOR.—The

11 executive director of the Commission shall—

12 (A) serve as principal liaison between the

13 Commission and other Government entities;

14 (B) be responsible for the administration

15 and coordination of the review of records by the

16 Commission; and

17 (C) be responsible for coordinating all offi18 cial activities of the Commission.

19 (4) COMPENSATION.—The Chairperson of the

20 Commission may fix the compensation of the execu21 tive director, deputy executive director, general coun22 sel, and other personnel employed by the Commis23 sion, without regard to the provisions of chapter 51

24 and subchapter III of chapter 53 of title 5, United
11

•S 1900 RS

1 States Code, relating to classification of positions

2 and General Schedule pay rates, except that—

3 (A) the rate of pay for the executive direc4 tor of the Commission may not exceed the rate

5 payable for level III of the Executive Schedule

6 under section 5314 of title 5, United States

7 Code; and

8 (B) the rate of pay for the deputy execu9 tive director, the general counsel of the Com10 mission, and other Commission personnel may

11 not exceed the rate payable for level IV of the

12 Executive Schedule under section 5315 of title

13 5, United States Code.

14 (5) EMPLOYEE BENEFITS.—

15 (A) IN GENERAL.—An employee of the

16 Commission shall be an employee for purposes

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

18 States Code, and service as an employee of the

19 Commission shall be service for purposes of

20 such chapters.

21 (B) NONAPPLICATION TO MEMBERS.—This

22 paragraph shall not apply to a member of the

23 Commission.

24 (6) OFFICE OF PERSONNEL MANAGEMENT.—

25 The Office of Personnel Management—
12

•S 1900 RS

1 (A) may promulgate regulations to apply

2 the provisions referred to under subsection (a)

3 to employees of the Commission; and

4 (B) shall provide support services relating

5 to—

6 (i) the initial employment of employ7 ees of the Commission; and

8 (ii) other personnel needs of the Com9 mission.

10 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any

11 Federal Government employee may be detailed to the

12 Commission without reimbursement to the agency of that

13 employee, and such detail shall be without interruption or

14 loss of civil service status or privilege.

15 (e) PROCUREMENT OF TEMPORARY AND INTERMIT16 TENT SERVICES.—The Chairperson of the Commission

17 may procure temporary and intermittent services under

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

19 for individuals which do not exceed the daily equivalent

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

21 the Executive Schedule under section 5316 of such title.

22 (f) STAFF QUALIFICATIONS.—Any person appointed

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

24 an individual of integrity and impartiality.

25 (g) CONDITIONAL EMPLOYMENT.—
13

•S 1900 RS

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

2 employment on a conditional basis to a prospective

3 employee pending the completion of any necessary

4 security clearance background investigation. During

5 the pendency of any such investigation, the Commis6 sion shall ensure than such conditional employee is

7 not given and does not have access to or responsibil8 ity involving classified or otherwise restricted mate9 rial.

10 (2) TERMINATION.—If a person hired on a con11 ditional basis as described in paragraph (1) is denied

12 or otherwise does not qualify for all security clear13 ances necessary for the fulfillment of the responsibil14 ities of that person as an employee of the Commis15 sion, the Commission shall immediately terminate

16 the employment of that person with the Commission.

17 (h) EXPEDITED SECURITY CLEARANCE PROCE18 DURES.—A candidate for executive director or deputy ex19 ecutive director of the Commission and any potential em20 ployee of the Commission shall, to the maximum extent

21 possible, be investigated or otherwise evaluated for and

22 granted, if applicable, any necessary security clearances

23 on an expedited basis.
14

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1 SEC. 6. SUPPORT SERVICES.

2 During the 180-day period following the date of en3 actment of this Act, the General Services Administration

4 shall provide administrative support services (including of5 fices and equipment) for the Commission.

6 SEC. 7. TERMINATION OF THE COMMISSION.

7 The Commission shall terminate 90 days after the

8 date on which the Commission submits its final report

9 under section 3.

10 SEC. 8. MISCELLANEOUS PROVISIONS.

11 (a) INAPPLICABILITY OF FACA.—The Federal Advi12 sory Committee Act (5 U.S.C. App.) does not apply to the

13 Commission.

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

15 practicable, each meeting of the Commission shall be open

16 to members of the public.

17 SEC. 9. FUNDING OF COMMISSION.

18 Notwithstanding section 1346 of title 31, United

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

20 Government Appropriations Act, 1998, of funds made

21 available for fiscal years 1998 and 1999 to the Depart22 ments of Justice, State, and any other appropriate agency

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

24 shall be available for the interagency funding of activities

25 of the Commission under this Act. Funds made available
15

•S 1900 RS

1 to the Commission pursuant to this section shall remain

2 available for obligation until December 31, 1999.

3 SECTION 1. SHORT TITLE.

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

5 Commission Act of 1998’’.

6 SEC. 2. ESTABLISHMENT OF COMMISSION.

7 (a) ESTABLISHMENT.—There is established a Presi8 dential Commission, to be known as the ‘‘Presidential Advi9 sory Commission on Holocaust Assets in the United States’’

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

11 (b) MEMBERSHIP.—

12 (1) NUMBER.—The Commission shall be com13 posed of 21 members, appointed in accordance with

14 paragraph (2).

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

16 Commission—

17 (A) 9 shall be private citizens, appointed by

18 the President;

19 (B) 3 shall be representatives of the Depart20 ment of State, the Department of Justice, and

21 the Department of the Treasury (1 representative

22 of each such Department), appointed by the

23 President;
16

•S 1900 RS

1 (C) 2 shall be Members of the House of Rep2 resentatives, appointed by the Speaker of the

3 House of Representatives;

4 (D) 2 shall be Members of the House of Rep5 resentatives, appointed by the Minority Leader

6 of the House of Representatives;

7 (E) 2 shall be Members of the Senate, ap8 pointed by the Majority Leader of the Senate;

9 (F) 2 shall be Members of the Senate, ap10 pointed by the Minority Leader of the Senate;

11 and

12 (G) 1 shall be the Chairperson of the United

13 States Holocaust Memorial Council.

14 (3) CRITERIA FOR MEMBERSHIP.—Each private

15 citizen appointed to the Commission shall be an indi16 vidual who has a record of demonstrated leadership

17 on issues relating to the Holocaust or in the fields of

18 commerce, culture, or education that would assist the

19 Commission in analyzing the disposition of the assets

20 of Holocaust victims.

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

22 Commission may, in the discretion of the Chair23 person, establish advisory panels to the Commission,

24 including State or local officials, representatives of

25 organizations having an interest in the work of the
17

•S 1900 RS

1 Commission, or others having expertise that is rel2 evant to the purposes of the Commission.

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

4 the Commission shall be made not later than 90 days

5 after the date of enactment of this Act.

6 (c) CHAIRPERSON.—The Chairperson of the Commis7 sion shall be selected by the President from among the mem8 bers of the Commission appointed under subparagraph (A)

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

10 (d) PERIOD OF APPOINTMENT.—Members of the Com11 mission shall be appointed for the life of the Commission.

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

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

14 in the same manner as the original appointment.

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

16 of the Chairperson at any time after the date of appoint17 ment of the Chairperson.

18 (g) QUORUM.—Eleven of the members of the Commis19 sion shall constitute a quorum, but a lesser number of mem20 bers may hold meetings.

21 SEC. 3. DUTIES OF THE COMMISSION.

22 (a) ORIGINAL RESEARCH.—

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

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

25 thorough study and develop an historical record of the
18

•S 1900 RS

1 collection and disposition of the assets described in

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

3 or control of the Federal Government, including the

4 Board of Governors of the Federal Reserve System or

5 any Federal reserve bank, at any time after January

6 30, 1933—

7 (A) after having been obtained from victims

8 of the Holocaust by, on behalf of, or under au9 thority of a government referred to in subsection

10 (c);

11 (B) because such assets were left unclaimed

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

13 under authority of a government referred to in

14 subsection (c); or

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

16 bullion, monetary gold, or similar assets, after

17 such assets had been obtained by the Nazi gov18 ernment of Germany from the central bank or

19 other governmental treasury in any area occu20 pied by the military forces of the Nazi govern21 ment of Germany.

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

23 paragraph include—

24 (A) gold;
19

•S 1900 RS

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

2 metals;

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

4 (D) domestic financial instruments pur5 chased before May 8, 1945 by individual victims

6 of the Holocaust, whether recorded in the name

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

8 (E) insurance policies and proceeds thereof;

9 (F) real estate situated in the United

10 States;

11 (G) works of art; and

12 (H) books, manuscripts, and religious ob13 jects.

14 (3) COORDINATION OF ACTIVITIES.—In carrying

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

16 shall, to the maximum extent practicable, coordinate

17 its activities with, and not duplicate similar activi18 ties already or being undertaken by, private individ19 uals, private entities, or government entities, whether

20 domestic or foreign.

21 (b) COMPREHENSIVE REVIEW OF OTHER RE22 SEARCH.—Upon request by the Commission and permission

23 by the relevant individuals or entities, the Commission shall

24 review comprehensively research by private individuals,

25 private entities, and non-Federal government entities,
20

•S 1900 RS

1 whether domestic or foreign, into the collection and disposi2 tion of the assets described in subsection (a)(2), to the extent

3 that such research focuses on assets that came into the pos4 session or control of private individuals, private entities,

5 or non-Federal government entities within the United

6 States at any time after January 30, 1933, either—

7 (1) after having been obtained from victims of

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

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

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

11 result of actions taken by, on behalf of, or under au12 thority of a government referred to in subsection (c).

13 (c) GOVERNMENTS INCLUDED.—A government referred

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

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

16 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.—
21

•S 1900 RS

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

2 than December 31, 1999, the Commission shall submit

3 a final report to the President that shall contain any

4 recommendations for such legislative, administrative,

5 or other action as it deems necessary or appropriate.

6 The Commission may submit interim reports to the

7 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 other

12 action that the President considers necessary or ap13 propriate.

14 SEC. 4. POWERS OF THE COMMISSION.

15 (a) HEARINGS.—The Commission may hold such hear16 ings, sit and act at such times and places, take such testi17 mony, and receive such evidence as the Commission consid18 ers 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 the

23 Chairperson of the Commission, the head of any such de24 partment or agency shall furnish such information to the

25 Commission as expeditiously as possible.
22

•S 1900 RS

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

2 United States mails in the same manner and under the

3 same conditions as other departments and agencies of the

4 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 Commis15 sion shall be allowed travel expenses, including per diem

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

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

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

19 of business in the performance of services for the Commis20 sion.

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 regard
23

•S 1900 RS

1 to the civil service laws and regulations, appoint an

2 executive director, a deputy executive director, and a

3 general counsel of the Commission, and such other ad4 ditional personnel as may be necessary to enable the

5 Commission to perform its duties under this Act.

6 (2) QUALIFICATIONS.—The executive director,

7 deputy executive director, and general counsel of the

8 Commission shall be appointed without regard to po9 litical affiliation, and shall possess all necessary secu10 rity clearances for such positions.

11 (3) DUTIES OF EXECUTIVE DIRECTOR.—The ex12 ecutive director of the Commission shall—

13 (A) serve as principal liaison between the

14 Commission and other Government entities;

15 (B) be responsible for the administration

16 and coordination of the review of records by the

17 Commission; and

18 (C) be responsible for coordinating all offi19 cial activities of the Commission.

20 (4) COMPENSATION.—The Chairperson of the

21 Commission may fix the compensation of the execu22 tive director, deputy executive director, general coun23 sel, and other personnel employed by the Commission,

24 without regard to the provisions of chapter 51 and

25 subchapter III of chapter 53 of title 5, United States
24

•S 1900 RS

1 Code, relating to classification of positions and Gen2 eral Schedule pay rates, except that—

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

4 of the Commission may not exceed the rate pay5 able for level III of the Executive Schedule under

6 section 5314 of title 5, United States Code; and

7 (B) the rate of pay for the deputy executive

8 director, the general counsel of the Commission,

9 and other Commission personnel may not exceed

10 the rate payable for level IV of the Executive

11 Schedule under section 5315 of title 5, United

12 States Code.

13 (5) EMPLOYEE BENEFITS.—

14 (A) IN GENERAL.—An employee of the Com15 mission shall be an employee for purposes of

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

17 States Code, and service as an employee of the

18 Commission shall be service for purposes of such

19 chapters.

20 (B) NONAPPLICATION TO MEMBERS.—This

21 paragraph shall not apply to a member of the

22 Commission.

23 (6) OFFICE OF PERSONNEL MANAGEMENT.—The

24 Office of Personnel Management—
25

•S 1900 RS

1 (A) may promulgate regulations to apply

2 the provisions referred to under subsection (a) to

3 employees of the Commission; and

4 (B) shall provide support services relating

5 to—

6 (i) the initial employment of employees

7 of the Commission; and

8 (ii) other personnel needs of the Com9 mission.

10 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Fed11 eral Government employee may be detailed to the Commis12 sion without reimbursement to the agency of that employee,

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

14 service status or privilege.

15 (e) PROCUREMENT OF TEMPORARY AND INTERMIT16 TENT SERVICES.—The Chairperson of the Commission may

17 procure temporary and intermittent services under section

18 3109(b) of title 5, United States Code, at rates for individ19 uals which do not exceed the daily equivalent of the annual

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

21 Schedule under section 5316 of such title.

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

23 the staff of or employed by the Commission shall be an indi24 vidual of integrity and impartiality.

25 (g) CONDITIONAL EMPLOYMENT.—
26

•S 1900 RS

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

2 employment on a conditional basis to a prospective

3 employee pending the completion of any necessary se4 curity clearance background investigation. During the

5 pendency of any such investigation, the Commission

6 shall ensure that such conditional employee is not

7 given and does not have access to or responsibility in8 volving classified or otherwise restricted material.

9 (2) TERMINATION.—If a person hired on a con10 ditional basis as described in paragraph (1) is denied

11 or otherwise does not qualify for all security clear12 ances necessary for the fulfillment of the responsibil13 ities of that person as an employee of the Commis14 sion, the Commission shall immediately terminate the

15 employment of that person with the Commission.

16 (h) EXPEDITED SECURITY CLEARANCE PROCE17 DURES.—A candidate for executive director or deputy exec18 utive director of the Commission and any potential em19 ployee of the Commission shall, to the maximum extent pos20 sible, be investigated or otherwise evaluated for and granted,

21 if applicable, any necessary security clearances on an expe22 dited basis.

23 SEC. 6. SUPPORT SERVICES.

24 During the 180-day period following the date of enact25 ment of this Act, the General Services Administration shall
27

•S 1900 RS

1 provide administrative support services (including offices

2 and equipment) for the Commission.

3 SEC. 7. TERMINATION OF THE COMMISSION.

4 The Commission shall terminate 90 days after the date

5 on which the Commission submits its final report under

6 section 3.

7 SEC. 8. MISCELLANEOUS PROVISIONS.

8 (a) INAPPLICABILITY OF FACA.—The Federal Advi9 sory Committee Act (5 U.S.C. App.) does not apply to the

10 Commission.

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

12 practicable, each meeting of the Commission shall be open

13 to members of the public.

14 SEC. 9. FUNDING OF COMMISSION.

15 Notwithstanding section 1346 of title 31, United States

16 Code, or section 611 of the Treasury and General Govern17 ment Appropriations Act, 1998, of funds made available for

18 fiscal years 1998 and 1999 to the Departments of Justice,

19 State, and any other appropriate agency that are otherwise

20 unobligated, not more than $3,500,000 shall be available

21 for the interagency funding of activities of the Commission

22 under this Act. Funds made available to the Commission

23 pursuant to this section shall remain available for obliga24 tion until December 31, 1999.