II 

Calendar No. 135 

110TH CONGRESS 

1ST SESSION S. 621 

[Report No. 110–62] 

To establish commissions to review the facts and circumstances surrounding 

injustices suffered by European Americans, European Latin Americans, 

and Jewish refugees during World War II. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2007 

Mr. FEINGOLD (for himself, Mr. GRASSLEY, Mr. KENNEDY, Mr. LIEBERMAN, 

Mr. INOUYE, Mr. CARDIN, and Mr. WYDEN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

MAY 4, 2007 

Reported by Mr. LEAHY, without amendment 

A BILL 

To establish commissions to review the facts and circumstances surrounding injustices suffered by European 

Americans, European Latin Americans, and Jewish refugees during World War II. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Wartime Treatment 

3 Study Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress makes the following findings: 

6 (1) During World War II, the United States 

7 Government deemed as ‘‘enemy aliens’’ more than 

8 600,000 Italian-born and 300,000 German-born 

9 United States resident aliens and their families and 

10 required them to carry Certificates of Identification 

11 and limited their travel and personal property rights. 

12 At that time, these groups were the 2 largest for13 eign-born groups in the United States. 

14 (2) During World War II, the United States 

15 Government arrested, interned, or otherwise de16 tained thousands of European Americans, some re17 maining in custody for years after cessation of 

18 World War II hostilities, and repatriated, exchanged, 

19 or deported European Americans, including Amer20 ican-born children, to European Axis nations, many 

21 to be exchanged for Americans held in those nations. 

22 (3) Pursuant to a policy coordinated by the 

23 United States with Latin American nations, many 

24 European Latin Americans, including German and 

25 Austrian Jews, were arrested, brought to the United 

26 States, and interned. Many were later expatriated, 


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1 repatriated, or deported to European Axis nations 

2 during World War II, many to be exchanged for 

3 Americans and Latin Americans held in those na4 tions. 

5 (4) Millions of European Americans served in 

6 the armed forces and thousands sacrificed their lives 

7 in defense of the United States. 

8 (5) The wartime policies of the United States 

9 Government were devastating to the Italian Amer10 ican and German American communities, individ11 uals, and their families. The detrimental effects are 

12 still being experienced. 

13 (6) Prior to and during World War II, the 

14 United States restricted the entry of Jewish refugees 

15 who were fleeing persecution or genocide and sought 

16 safety in the United States. During the 1930’s and 

17 1940’s, the quota system, immigration regulations, 

18 visa requirements, and the time required to process 

19 visa applications affected the number of Jewish refu20 gees, particularly those from Germany and Austria, 

21 who could gain admittance to the United States. 

22 (7) The United States Government should con23 duct an independent review to fully assess and ac24 knowledge these actions. Congress has previously re25 viewed the United States Government’s wartime 


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1 treatment of Japanese Americans through the Com2 mission on Wartime Relocation and Internment of 

3 Civilians. An independent review of the treatment of 

4 German Americans and Italian Americans and of 

5 Jewish refugees fleeing persecution and genocide has 

6 not yet been undertaken. 

7 (8) Time is of the essence for the establishment 

8 of commissions, because of the increasing danger of 

9 destruction and loss of relevant documents, the ad10 vanced age of potential witnesses and, most impor11 tantly, the advanced age of those affected by the 

12 United States Government’s policies. Many who suf13 fered have already passed away and will never know 

14 of this effort. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) DURING WORLD WAR II.—The term ‘‘during 

18 World War II’’ refers to the period between Sep19 tember 1, 1939, through December 31, 1948. 

20 (2) EUROPEAN AMERICANS.— 

21 (A) IN GENERAL.—The term ‘‘European 

22 Americans’’ refers to United States citizens and 

23 resident aliens of European ancestry, including 

24 Italian Americans, German Americans, HunVerDate Aug 31 2005 21:17 May 04, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S621.RS S621

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1 garian Americans, Romanian Americans, and 

2 Bulgarian Americans. 

3 (B) ITALIAN AMERICANS.—The term 

4 ‘‘Italian Americans’’ refers to United States 

5 citizens and resident aliens of Italian ancestry. 

6 (C) GERMAN AMERICANS.—The term 

7 ‘‘German Americans’’ refers to United States 

8 citizens and resident aliens of German ancestry. 

9 (3) EUROPEAN LATIN AMERICANS.—The term 

10 ‘‘European Latin Americans’’ refers to persons of 

11 European ancestry, including Italian or German an12 cestry, residing in a Latin American nation during 

13 World War II. 

14 (4) LATIN AMERICAN NATION.—The term 

15 ‘‘Latin American nation’’ refers to any nation in 

16 Central America, South America, or the Carribean. 

17 TITLE I—COMMISSION ON WAR18 TIME TREATMENT OF EURO19 PEAN AMERICANS 

20 SEC. 101. ESTABLISHMENT OF COMMISSION ON WARTIME 

21 TREATMENT OF EUROPEAN AMERICANS. 

22 (a) IN GENERAL.—There is established the Commis23 sion on Wartime Treatment of European Americans (re24 ferred to in this title as the ‘‘European American Commis25 sion’’). 


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1 (b) MEMBERSHIP.—The European American Com2 mission shall be composed of 7 members, who shall be ap3 pointed not later than 90 days after the date of enactment 

4 of this Act as follows: 

5 (1) Three members shall be appointed by the 

6 President. 

7 (2) Two members shall be appointed by the 

8 Speaker of the House of Representatives, in con9 sultation with the minority leader. 

10 (3) Two members shall be appointed by the ma11 jority leader of the Senate, in consultation with the 

12 minority leader. 

13 (c) TERMS.—The term of office for members shall be 

14 for the life of the European American Commission. A va15 cancy in the European American Commission shall not af16 fect its powers, and shall be filled in the same manner 

17 in which the original appointment was made. 

18 (d) REPRESENTATION.—The European American 

19 Commission shall include 2 members representing the in20 terests of Italian Americans and 2 members representing 

21 the interests of German Americans. 

22 (e) MEETINGS.—The President shall call the first 

23 meeting of the European American Commission not later 

24 than 120 days after the date of enactment of this Act. 


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1 (f) QUORUM.—Four members of the European Amer2 ican Commission shall constitute a quorum, but a lesser 

3 number may hold hearings. 

4 (g) CHAIRMAN.—The European American Commis5 sion shall elect a Chairman and Vice Chairman from 

6 among its members. The term of office of each shall be 

7 for the life of the European American Commission. 

8 (h) COMPENSATION.— 

9 (1) IN GENERAL.—Members of the European 

10 American Commission shall serve without pay. 

11 (2) REIMBURSEMENT OF EXPENSES.—All mem12 bers of the European American Commission shall be 

13 reimbursed for reasonable travel and subsistence, 

14 and other reasonable and necessary expenses in15 curred by them in the performance of their duties. 

16 SEC. 102. DUTIES OF THE EUROPEAN AMERICAN COMMIS17 SION. 

18 (a) IN GENERAL.—It shall be the duty of the Euro19 pean American Commission to review the United States 

20 Government’s wartime treatment of European Americans 

21 and European Latin Americans as provided in subsection 

22 (b). 

23 (b) SCOPE OF REVIEW.—The European American 

24 Commission’s review shall include the following: 


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1 (1) A comprehensive review of the facts and cir2 cumstances surrounding United States Government 

3 actions during World War II with respect to Euro4 pean Americans and European Latin Americans 

5 pursuant to the Alien Enemies Acts (50 U.S.C. 21 

6 et seq.), Presidential Proclamations 2526, 2527, 

7 2655, 2662, and 2685, Executive Orders 9066 and 

8 9095, and any directive of the United States Gov9 ernment pursuant to such law, proclamations, or ex10 ecutive orders respecting the registration, arrest, ex11 clusion, internment, exchange, or deportation of Eu12 ropean Americans and European Latin Americans. 

13 This review shall include an assessment of the un14 derlying rationale of the United States Government’s 

15 decision to develop related programs and policies, 

16 the information the United States Government re17 ceived or acquired suggesting the related programs 

18 and policies were necessary, the perceived benefit of 

19 enacting such programs and policies, and the imme20 diate and long-term impact of such programs and 

21 policies on European Americans and European 

22 Latin Americans and their communities. 

23 (2) A comprehensive review of United States 

24 Government action during World War II with re25 spect to European Americans and European Latin 


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1 Americans pursuant to the Alien Enemies Acts (50 

2 U.S.C. 21 et seq.), Presidential Proclamations 2526, 

3 2527, 2655, 2662, and 2685, Executive Orders 

4 9066 and 9095, and any directive of the United 

5 States Government pursuant to such law, proclama6 tions, or executive orders, including registration re7 quirements, travel and property restrictions, estab8 lishment of restricted areas, raids, arrests, intern9 ment, exclusion, policies relating to the families and 

10 property that excludees and internees were forced to 

11 abandon, internee employment by American compa12 nies (including a list of such companies and the 

13 terms and type of employment), exchange, repatri14 ation, and deportation, and the immediate and long15 term effect of such actions, particularly internment, 

16 on the lives of those affected. This review shall in17 clude a list of— 

18 (A) all temporary detention and long-term 

19 internment facilities in the United States and 

20 Latin American nations that were used to de21 tain or intern European Americans and Euro22 pean Latin Americans during World War II (in 

23 this paragraph referred to as ‘‘World War II 

24 detention facilities’’); 


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1 (B) the names of European Americans and 

2 European Latin Americans who died while in 

3 World War II detention facilities and where 

4 they were buried; 

5 (C) the names of children of European 

6 Americans and European Latin Americans who 

7 were born in World War II detention facilities 

8 and where they were born; and 

9 (D) the nations from which European 

10 Latin Americans were brought to the United 

11 States, the ships that transported them to the 

12 United States and their departure and disem13 barkation ports, the locations where European 

14 Americans and European Latin Americans were 

15 exchanged for persons held in European Axis 

16 nations, and the ships that transported them to 

17 Europe and their departure and disembarkation 

18 ports. 

19 (3) A brief review of the participation by Euro20 pean Americans in the United States Armed Forces 

21 including the participation of European Americans 

22 whose families were excluded, interned, repatriated, 

23 or exchanged. 

24 (4) A recommendation of appropriate remedies, 

25 including how civil liberties can be protected during 


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1 war, or an actual, attempted, or threatened invasion 

2 or incursion, an assessment of the continued viabil3 ity of the Alien Enemies Acts (50 U.S.C. 21 et seq.), 

4 and public education programs related to the United 

5 States Government’s wartime treatment of European 

6 Americans and European Latin Americans during 

7 World War II. 

8 (c) FIELD HEARINGS.—The European American 

9 Commission shall hold public hearings in such cities of the 

10 United States as it deems appropriate. 

11 (d) REPORT.—The European American Commission 

12 shall submit a written report of its findings and rec13 ommendations to Congress not later than 18 months after 

14 the date of the first meeting called pursuant to section 

15 101(e). 

16 SEC. 103. POWERS OF THE EUROPEAN AMERICAN COMMIS17 SION. 

18 (a) IN GENERAL.—The European American Commis19 sion or, on the authorization of the Commission, any sub20 committee or member thereof, may, for the purpose of car21 rying out the provisions of this title, hold such hearings 

22 and sit and act at such times and places, and request the 

23 attendance and testimony of such witnesses and the pro24 duction of such books, records, correspondence, memo25 randum, papers, and documents as the Commission or 


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1 such subcommittee or member may deem advisable. The 

2 European American Commission may request the Attor3 ney General to invoke the aid of an appropriate United 

4 States district court to require, by subpoena or otherwise, 

5 such attendance, testimony, or production. 

6 (b) GOVERNMENT INFORMATION AND COOPERA7 TION.—The European American Commission may acquire 

8 directly from the head of any department, agency, inde9 pendent instrumentality, or other authority of the execu10 tive branch of the Government, available information that 

11 the European American Commission considers useful in 

12 the discharge of its duties. All departments, agencies, and 

13 independent instrumentalities, or other authorities of the 

14 executive branch of the Government shall cooperate with 

15 the European American Commission and furnish all infor16 mation requested by the European American Commission 

17 to the extent permitted by law, including information col18 lected under the Commission on Wartime and Internment 

19 of Civilians Act (Public Law 96–317; 50 U.S.C. App. 

20 1981 note) and the Wartime Violation of Italian Ameri21 cans Civil Liberties Act (Public Law 106–451; 50 U.S.C. 

22 App. 1981 note). For purposes of section 552a(b)(9) of 

23 title 5, United States Code (commonly known as the ‘‘Pri24 vacy Act of 1974’’), the European American Commission 

25 shall be deemed to be a committee of jurisdiction. 


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1 SEC. 104. ADMINISTRATIVE PROVISIONS. 

2 The European American Commission is authorized 

3 to— 

4 (1) appoint and fix the compensation of such 

5 personnel as may be necessary, without regard to 

6 the provisions of title 5, United States Code, gov7 erning appointments in the competitive service, and 

8 without regard to the provisions of chapter 51 and 

9 subchapter III of chapter 53 of such title relating to 

10 classification and General Schedule pay rates, except 

11 that the compensation of any employee of the Com12 mission may not exceed a rate equivalent to the rate 

13 payable under GS–15 of the General Schedule under 

14 section 5332 of such title; 

15 (2) obtain the services of experts and consult16 ants in accordance with the provisions of section 

17 3109 of such title; 

18 (3) obtain the detail of any Federal Govern19 ment employee, and such detail shall be without re20 imbursement or interruption or loss of civil service 

21 status or privilege; 

22 (4) enter into agreements with the Adminis23 trator of General Services for procurement of nec24 essary financial and administrative services, for 

25 which payment shall be made by reimbursement 

26 from funds of the Commission in such amounts as 


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1 may be agreed upon by the Chairman of the Com2 mission and the Administrator; 

3 (5) procure supplies, services, and property by 

4 contract in accordance with applicable laws and reg5 ulations and to the extent or in such amounts as are 

6 provided in appropriation Acts; and 

7 (6) enter into contracts with Federal or State 

8 agencies, private firms, institutions, and agencies for 

9 the conduct of research or surveys, the preparation 

10 of reports, and other activities necessary to the dis11 charge of the duties of the Commission, to the ex12 tent or in such amounts as are provided in appro13 priation Acts. 

14 SEC. 105. FUNDING. 

15 Of the amounts authorized to be appropriated to the 

16 Department of Justice, $600,000 shall be available to 

17 carry out this title. 

18 SEC. 106. SUNSET. 

19 The European American Commission shall terminate 

20 60 days after it submits its report to Congress. 


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1 TITLE II—COMMISSION ON WAR2 TIME TREATMENT OF JEWISH 

3 REFUGEES 

4 SEC. 201. ESTABLISHMENT OF COMMISSION ON WARTIME 

5 TREATMENT OF JEWISH REFUGEES. 

6 (a) IN GENERAL.—There is established the Commis7 sion on Wartime Treatment of Jewish Refugees (referred 

8 to in this title as the ‘‘Jewish Refugee Commission’’). 

9 (b) MEMBERSHIP.—The Jewish Refugee Commission 

10 shall be composed of 7 members, who shall be appointed 

11 not later than 90 days after the date of enactment of this 

12 Act as follows: 

13 (1) Three members shall be appointed by the 

14 President. 

15 (2) Two members shall be appointed by the 

16 Speaker of the House of Representatives, in con17 sultation with the minority leader. 

18 (3) Two members shall be appointed by the ma19 jority leader of the Senate, in consultation with the 

20 minority leader. 

21 (c) TERMS.—The term of office for members shall be 

22 for the life of the Jewish Refugee Commission. A vacancy 

23 in the Jewish Refugee Commission shall not affect its pow24 ers, and shall be filled in the same manner in which the 

25 original appointment was made. 


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1 (d) REPRESENTATION.—The Jewish Refugee Com2 mission shall include 2 members representing the interests 

3 of Jewish refugees. 

4 (e) MEETINGS.—The President shall call the first 

5 meeting of the Jewish Refugee Commission not later than 

6 120 days after the date of enactment of this Act. 

7 (f) QUORUM.—Four members of the Jewish Refugee 

8 Commission shall constitute a quorum, but a lesser num9 ber may hold hearings. 

10 (g) CHAIRMAN.—The Jewish Refugee Commission 

11 shall elect a Chairman and Vice Chairman from among 

12 its members. The term of office of each shall be for the 

13 life of the Jewish Refugee Commission. 

14 (h) COMPENSATION.— 

15 (1) IN GENERAL.—Members of the Jewish Ref16 ugee Commission shall serve without pay. 

17 (2) REIMBURSEMENT OF EXPENSES.—All mem18 bers of the Jewish Refugee Commission shall be re19 imbursed for reasonable travel and subsistence, and 

20 other reasonable and necessary expenses incurred by 

21 them in the performance of their duties. 

22 SEC. 202. DUTIES OF THE JEWISH REFUGEE COMMISSION. 

23 (a) IN GENERAL.—It shall be the duty of the Jewish 

24 Refugee Commission to review the United States Govern25 ment’s refusal to allow Jewish and other refugees fleeing 


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1 persecution or genocide in Europe entry to the United 

2 States as provided in subsection (b). 

3 (b) SCOPE OF REVIEW.—The Jewish Refugee Com4 mission’s review shall cover the period between January 

5 1, 1933, through December 31, 1945, and shall include, 

6 to the greatest extent practicable, the following: 

7 (1) A review of the United States Government’s 

8 decision to deny Jewish and other refugees fleeing 

9 persecution or genocide entry to the United States, 

10 including a review of the underlying rationale of the 

11 United States Government’s decision to refuse the 

12 Jewish and other refugees entry, the information the 

13 United States Government received or acquired sug14 gesting such refusal was necessary, the perceived 

15 benefit of such refusal, and the impact of such re16 fusal on the refugees. 

17 (2) A review of Federal refugee law and policy 

18 relating to those fleeing persecution or genocide, in19 cluding recommendations for making it easier in the 

20 future for victims of persecution or genocide to ob21 tain refuge in the United States. 

22 (c) FIELD HEARINGS.—The Jewish Refugee Com23 mission shall hold public hearings in such cities of the 

24 United States as it deems appropriate. 


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1 (d) REPORT.—The Jewish Refugee Commission shall 

2 submit a written report of its findings and recommenda3 tions to Congress not later than 18 months after the date 

4 of the first meeting called pursuant to section 201(e). 

5 SEC. 203. POWERS OF THE JEWISH REFUGEE COMMISSION. 

6 (a) IN GENERAL.—The Jewish Refugee Commission 

7 or, on the authorization of the Commission, any sub8 committee or member thereof, may, for the purpose of car9 rying out the provisions of this title, hold such hearings 

10 and sit and act at such times and places, and request the 

11 attendance and testimony of such witnesses and the pro12 duction of such books, records, correspondence, memo13 randum, papers, and documents as the Commission or 

14 such subcommittee or member may deem advisable. The 

15 Jewish Refugee Commission may request the Attorney 

16 General to invoke the aid of an appropriate United States 

17 district court to require, by subpoena or otherwise, such 

18 attendance, testimony, or production. 

19 (b) GOVERNMENT INFORMATION AND COOPERA20 TION.—The Jewish Refugee Commission may acquire di21 rectly from the head of any department, agency, inde22 pendent instrumentality, or other authority of the execu23 tive branch of the Government, available information that 

24 the Jewish Refugee Commission considers useful in the 

25 discharge of its duties. All departments, agencies, and 


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1 independent instrumentalities, or other authorities of the 

2 executive branch of the Government shall cooperate with 

3 the Jewish Refugee Commission and furnish all informa4 tion requested by the Jewish Refugee Commission to the 

5 extent permitted by law, including information collected 

6 as a result of the Commission on Wartime and Internment 

7 of Civilians Act (Public Law 96–317; 50 U.S.C. App. 

8 1981 note) and the Wartime Violation of Italian Ameri9 cans Civil Liberties Act (Public Law 106–451; 50 U.S.C. 

10 App. 1981 note). For purposes of section 552a(b)(9) of 

11 title 5, United States Code (commonly known as the ‘‘Pri12 vacy Act of 1974’’), the Jewish Refugee Commission shall 

13 be deemed to be a committee of jurisdiction. 

14 SEC. 204. ADMINISTRATIVE PROVISIONS. 

15 The Jewish Refugee Commission is authorized to— 

16 (1) appoint and fix the compensation of such 

17 personnel as may be necessary, without regard to 

18 the provisions of title 5, United States Code, gov19 erning appointments in the competitive service, and 

20 without regard to the provisions of chapter 51 and 

21 subchapter III of chapter 53 of such title relating to 

22 classification and General Schedule pay rates, except 

23 that the compensation of any employee of the Com24 mission may not exceed a rate equivalent to the rate 


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1 payable under GS–15 of the General Schedule under 

2 section 5332 of such title; 

3 (2) obtain the services of experts and consult4 ants in accordance with the provisions of section 

5 3109 of such title; 

6 (3) obtain the detail of any Federal Govern7 ment employee, and such detail shall be without re8 imbursement or interruption or loss of civil service 

9 status or privilege; 

10 (4) enter into agreements with the Adminis11 trator of General Services for procurement of nec12 essary financial and administrative services, for 

13 which payment shall be made by reimbursement 

14 from funds of the Commission in such amounts as 

15 may be agreed upon by the Chairman of the Com16 mission and the Administrator; 

17 (5) procure supplies, services, and property by 

18 contract in accordance with applicable laws and reg19 ulations and to the extent or in such amounts as are 

20 provided in appropriation Acts; and 

21 (6) enter into contracts with Federal or State 

22 agencies, private firms, institutions, and agencies for 

23 the conduct of research or surveys, the preparation 

24 of reports, and other activities necessary to the dis25 charge of the duties of the Commission, to the exVerDate Aug 31 2005 21:17 May 04, 2007 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S621.RS S621

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1 tent or in such amounts as are provided in appro2 priation Acts. 

3 SEC. 205. FUNDING. 

4 Of the amounts authorized to be appropriated to the 

5 Department of Justice, $600,000 shall be available to 

6 carry out this title. 

7 SEC. 206. SUNSET. 

8 The Jewish Refugee Commission shall terminate 60 

9 days after it submits its report to Congress. 


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Calendar No. 135 

110TH CONGRESS 

1ST SESSION S. 621 

[Report No. 110

–62] 

A BILL 

To establish commissions to review the facts and 

cans, and Jewish refugees during World War II. European Americans, European Latin Americircumstances surrounding injustices suffered by 

MAY 4, 2007 

Reported without amendment 


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