I 

110TH CONGRESS 

1ST SESSION H. R. 1185 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2007 

Mr. WEXLER (for himself, Ms. BORDALLO, Mr. HONDA, and Mr. BECERRA) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Study Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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

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

3 600,000 Italian-born and 300,000 German-born 

4 United States resident aliens and their families and 

5 required them to carry Certificates of Identification 

6 and limited their travel and personal property rights. 

7 At that time, these groups were the 2 largest for8 eign-born groups in the United States. 

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

10 Government arrested, interned, or otherwise de11 tained thousands of European Americans, some re12 maining in custody for years after cessation of 

13 World War II hostilities, and repatriated, exchanged, 

14 or deported European Americans, including Amer15 ican-born children, to European Axis nations, many 

16 to be exchanged for Americans held in those nations. 

17 (3) Pursuant to a policy coordinated by the 

18 United States with Latin American nations, many 

19 European Latin Americans, including German and 

20 Austrian Jews, were arrested, brought to the United 

21 States, and interned. Many were later expatriated, 

22 repatriated, or deported to European Axis nations 

23 during World War II, many to be exchanged for 

24 Americans and Latin Americans held in those na25 tions. 


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1 (4) Millions of European Americans served in 

2 the armed forces and thousands sacrificed their lives 

3 in defense of the United States. 

4 (5) The wartime policies of the United States 

5 Government were devastating to the Italian Amer6 ican and German American communities, individ7 uals, and their families. The detrimental effects are 

8 still being experienced. 

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

10 United States restricted the entry of Jewish refugees 

11 who were fleeing persecution and sought safety in 

12 the United States. During the 1930’s and 1940’s, 

13 the quota system, immigration regulations, visa re14 quirements, and the time required to process visa 

15 applications affected the number of Jewish refugees, 

16 particularly those from Germany and Austria, who 

17 could gain admittance to the United States. 

18 (7) The United States Government should con19 duct an independent review to fully assess and ac20 knowledge these actions. Congress has previously re21 viewed the United States Government’s wartime 

22 treatment of Japanese Americans through the Com23 mission on Wartime Relocation and Internment of 

24 Civilians. An independent review of the treatment of 

25 German Americans and Italian Americans and of 


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1 Jewish refugees fleeing persecution and genocide has 

2 not yet been undertaken. 

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

4 of commissions, because of the increasing danger of 

5 destruction and loss of relevant documents, the ad6 vanced age of potential witnesses and, most impor7 tantly, the advanced age of those affected by the 

8 United States Government’s policies. Many who suf9 fered have already passed away and will never know 

10 of this effort. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

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

14 World War II’’ refers to the period between Sep15 tember 1, 1939, through December 31, 1948. 

16 (2) EUROPEAN AMERICANS.— 

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

18 Americans’’ refers to United States citizens and 

19 resident aliens of European ancestry, including 

20 Italian Americans, German Americans, Hun21 garian Americans, Romanian Americans, and 

22 Bulgarian Americans. 

23 (B) ITALIAN AMERICANS.—The term 

24 ‘‘Italian Americans’’ refers to United States 

25 citizens and resident aliens of Italian ancestry. 


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1 (C) GERMAN AMERICANS.—The term 

2 ‘‘German Americans’’ refers to United States 

3 citizens and resident aliens of German ancestry. 

4 (3) EUROPEAN LATIN AMERICANS.—The term 

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

6 European ancestry, including Italian or German an7 cestry, residing in a Latin American nation during 

8 World War II. 

9 (4) LATIN AMERICAN NATION.—The term 

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

11 Central America, South America, or the Carribean. 

12 TITLE I—COMMISSION ON WAR13 TIME TREATMENT OF EURO14 PEAN AMERICANS 

15 SEC. 101. ESTABLISHMENT OF COMMISSION ON WARTIME 

16 TREATMENT OF EUROPEAN AMERICANS. 

17 (a) IN GENERAL.—There is established the Commis18 sion on Wartime Treatment of European Americans (re19 ferred to in this title as the ‘‘European American Commis20 sion’’). 

21 (b) MEMBERSHIP.—The European American Com22 mission shall be composed of 7 members, who shall be ap23 pointed not later than 90 days after the date of enactment 

24 of this Act as follows: 


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1 (1) Three members shall be appointed by the 

2 President. 

3 (2) Two members shall be appointed by the 

4 Speaker of the House of Representatives, in con5 sultation with the minority leader. 

6 (3) Two members shall be appointed by the ma7 jority leader of the Senate, in consultation with the 

8 minority leader. 

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

10 for the life of the European American Commission. A va11 cancy in the European American Commission shall not af12 fect its powers, and shall be filled in the same manner 

13 in which the original appointment was made. 

14 (d) REPRESENTATION.—The European American 

15 Commission shall include 2 members representing the in16 terests of Italian Americans and 2 members representing 

17 the interests of German Americans. 

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

19 meeting of the European American Commission not later 

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

21 (f) QUORUM.—Four members of the European Amer22 ican Commission shall constitute a quorum, but a lesser 

23 number may hold hearings. 

24 (g) CHAIRMAN.—The European American Commis25 sion shall elect a Chairman and Vice Chairman from 


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

2 for the life of the European American Commission. 

3 (h) COMPENSATION.— 

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

5 American Commission shall serve without pay. 

6 (2) REIMBURSEMENT OF EXPENSES.—All mem7 bers of the European American Commission shall be 

8 reimbursed for reasonable travel and subsistence, 

9 and other reasonable and necessary expenses in10 curred by them in the performance of their duties. 

11 SEC. 102. DUTIES OF THE EUROPEAN AMERICAN COMMIS12 SION. 

13 (a) IN GENERAL.—It shall be the duty of the Euro14 pean American Commission to review the United States 

15 Government’s wartime treatment of European Americans 

16 and European Latin Americans as provided in subsection 

17 (b). 

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

19 Commission’s review shall include the following: 

20 (1) A comprehensive review of the facts and cir21 cumstances surrounding United States Government 

22 actions during World War II with respect to Euro23 pean Americans and European Latin Americans 

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

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


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1 2655, 2662, and 2685, Executive Orders 9066 and 

2 9095, and any directive of the United States Gov3 ernment pursuant to such law, proclamations, or ex4 ecutive orders respecting the registration, arrest, ex5 clusion, internment, exchange, or deportation of Eu6 ropean Americans and European Latin Americans. 

7 This review shall include an assessment of the un8 derlying rationale of the United States Government’s 

9 decision to develop related programs and policies, 

10 the information the United States Government re11 ceived or acquired suggesting the related programs 

12 and policies were necessary, the perceived benefit of 

13 enacting such programs and policies, and the imme14 diate and long-term impact of such programs and 

15 policies on European Americans and European 

16 Latin Americans and their communities. 

17 (2) A comprehensive review of United States 

18 Government action during World War II with re19 spect to European Americans and European Latin 

20 Americans pursuant to the Alien Enemies Acts (50 

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

22 2527, 2655, 2662, and 2685, Executive Orders 

23 9066 and 9095, and any directive of the United 

24 States Government pursuant to such law, proclama25 tions, or executive orders, including registration reVerDate Aug 31 2005 23:36 Feb 27, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1185.IH H1185

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1 quirements, travel and property restrictions, estab2 lishment of restricted areas, raids, arrests, intern3 ment, exclusion, policies relating to the families and 

4 property that excludees and internees were forced to 

5 abandon, internee employment by American compa6 nies (including a list of such companies and the 

7 terms and type of employment), exchange, repatri8 ation, and deportation, and the immediate and long9 term effect of such actions, particularly internment, 

10 on the lives of those affected. This review shall in11 clude a list of— 

12 (A) all temporary detention and long-term 

13 internment facilities in the United States and 

14 Latin American nations that were used to de15 tain or intern European Americans and Euro16 pean Latin Americans during World War II (in 

17 this paragraph referred to as ‘‘World War II 

18 detention facilities’’); 

19 (B) the names of European Americans and 

20 European Latin Americans who died while in 

21 World War II detention facilities and where 

22 they were buried; 

23 (C) the names of children of European 

24 Americans and European Latin Americans who 


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1 were born in World War II detention facilities 

2 and where they were born; and 

3 (D) the nations from which European 

4 Latin Americans were brought to the United 

5 States, the ships that transported them to the 

6 United States and their departure and disem7 barkation ports, the locations where European 

8 Americans and European Latin Americans were 

9 exchanged for persons held in European Axis 

10 nations, and the ships that transported them to 

11 Europe and their departure and disembarkation 

12 ports. 

13 (3) A brief review of the participation by Euro14 pean Americans in the United States Armed Forces 

15 including the participation of European Americans 

16 whose families were excluded, interned, repatriated, 

17 or exchanged. 

18 (4) A recommendation of appropriate remedies, 

19 including how civil liberties can be protected during 

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

21 or incursion, an assessment of the continued viabil22 ity of the Alien Enemies Acts (50 U.S.C. 21 et seq.), 

23 and public education programs related to the United 

24 States Government’s wartime treatment of European 


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1 Americans and European Latin Americans during 

2 World War II. 

3 (c) FIELD HEARINGS.—The European American 

4 Commission shall hold public hearings in such cities of the 

5 United States as it deems appropriate. 

6 (d) REPORT.—The European American Commission 

7 shall submit a written report of its findings and rec8 ommendations to Congress not later than 18 months after 

9 the date of the first meeting called pursuant to section 

10 101(e). 

11 SEC. 103. POWERS OF THE EUROPEAN AMERICAN COMMIS12 SION. 

13 (a) IN GENERAL.—The European American Commis14 sion or, on the authorization of the Commission, any sub15 committee or member thereof, may, for the purpose of car16 rying out the provisions of this title, hold such hearings 

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

18 attendance and testimony of such witnesses and the pro19 duction of such books, records, correspondence, memo20 randum, papers, and documents as the Commission or 

21 such subcommittee or member may deem advisable. The 

22 European American Commission may request the Attor23 ney General to invoke the aid of an appropriate United 

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

25 such attendance, testimony, or production. 


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1 (b) GOVERNMENT INFORMATION AND COOPERA2 TION.—The European American Commission may acquire 

3 directly from the head of any department, agency, inde4 pendent instrumentality, or other authority of the execu5 tive branch of the Government, available information that 

6 the European American Commission considers useful in 

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

8 independent instrumentalities, or other authorities of the 

9 executive branch of the Government shall cooperate with 

10 the European American Commission and furnish all infor11 mation requested by the European American Commission 

12 to the extent permitted by law, including information col13 lected under the Commission on Wartime and Internment 

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

15 1981 note) and the Wartime Violation of Italian Ameri16 cans Civil Liberties Act (Public Law 106–451; 50 U.S.C. 

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

18 title 5, United States Code (commonly known as the ‘‘Pri19 vacy Act of 1974’’), the European American Commission 

20 shall be deemed to be a committee of jurisdiction. 

21 SEC. 104. ADMINISTRATIVE PROVISIONS. 

22 The European American Commission is authorized 

23 to— 

24 (1) appoint and fix the compensation of such 

25 personnel as may be necessary, without regard to 


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1 the provisions of title 5, United States Code, gov2 erning appointments in the competitive service, and 

3 without regard to the provisions of chapter 51 and 

4 subchapter III of chapter 53 of such title relating to 

5 classification and General Schedule pay rates, except 

6 that the compensation of any employee of the Com7 mission may not exceed a rate equivalent to the rate 

8 payable under GS–15 of the General Schedule under 

9 section 5332 of such title; 

10 (2) obtain the services of experts and consult11 ants in accordance with the provisions of section 

12 3109 of such title; 

13 (3) obtain the detail of any Federal Govern14 ment employee, and such detail shall be without re15 imbursement or interruption or loss of civil service 

16 status or privilege; 

17 (4) enter into agreements with the Adminis18 trator of General Services for procurement of nec19 essary financial and administrative services, for 

20 which payment shall be made by reimbursement 

21 from funds of the Commission in such amounts as 

22 may be agreed upon by the Chairman of the Com23 mission and the Administrator; 

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

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1 ulations and to the extent or in such amounts as are 

2 provided in appropriation Acts; and 

3 (6) enter into contracts with Federal or State 

4 agencies, private firms, institutions, and agencies for 

5 the conduct of research or surveys, the preparation 

6 of reports, and other activities necessary to the dis7 charge of the duties of the Commission, to the ex8 tent or in such amounts as are provided in appro9 priation Acts. 

10 SEC. 105. FUNDING. 

11 Of the amounts authorized to be appropriated to the 

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

13 carry out this title. 

14 SEC. 106. SUNSET. 

15 The European American Commission shall terminate 

16 60 days after it submits its report to Congress. 

17 TITLE II—COMMISSION ON WAR18 TIME TREATMENT OF JEWISH 

19 REFUGEES 

20 SEC. 201. ESTABLISHMENT OF COMMISSION ON WARTIME 

21 TREATMENT OF JEWISH REFUGEES. 

22 (a) IN GENERAL.—There is established the Commis23 sion on Wartime Treatment of Jewish Refugees (referred 

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


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1 (b) MEMBERSHIP.—The Jewish Refugee Commission 

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

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

4 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 Jewish Refugee Commission. A vacancy 

15 in the Jewish Refugee Commission shall not affect its pow16 ers, and shall be filled in the same manner in which the 

17 original appointment was made. 

18 (d) REPRESENTATION.—The Jewish Refugee Com19 mission shall include 2 members representing the interests 

20 of Jewish refugees. 

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

22 meeting of the Jewish Refugee Commission not later than 

23 120 days after the date of enactment of this Act. 


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

2 Commission shall constitute a quorum, but a lesser num3 ber may hold hearings. 

4 (g) CHAIRMAN.—The Jewish Refugee Commission 

5 shall elect a Chairman and Vice Chairman from among 

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

7 life of the Jewish Refugee Commission. 

8 (h) COMPENSATION.— 

9 (1) IN GENERAL.—Members of the Jewish Ref10 ugee Commission shall serve without pay. 

11 (2) REIMBURSEMENT OF EXPENSES.—All mem12 bers of the Jewish Refugee Commission shall be re13 imbursed for reasonable travel and subsistence, and 

14 other reasonable and necessary expenses incurred by 

15 them in the performance of their duties. 

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

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

18 Refugee Commission to review the United States Govern19 ment’s refusal to allow Jewish and other refugees fleeing 

20 persecution or genocide in Europe entry to the United 

21 States as provided in subsection (b). 

22 (b) SCOPE OF REVIEW.—The Jewish Refugee Com23 mission’s review shall cover the period between January 

24 1, 1933, through December 31, 1945, and shall include, 

25 to the greatest extent practicable, the following: 


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

2 decision to deny Jewish and other refugees fleeing 

3 persecution or genocide entry to the United States, 

4 including a review of the underlying rationale of the 

5 United States Government’s decision to refuse the 

6 Jewish and other refugees entry, the information the 

7 United States Government received or acquired sug8 gesting such refusal was necessary, the perceived 

9 benefit of such refusal, and the impact of such re10 fusal on the refugees. 

11 (2) A review of Federal refugee policy relating 

12 to those fleeing persecution or genocide, including 

13 recommendations for making it easier in the future 

14 for victims of persecution or genocide to obtain ref15 uge in the United States. 

16 (c) FIELD HEARINGS.—The Jewish Refugee Com17 mission shall hold public hearings in such cities of the 

18 United States as it deems appropriate. 

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

20 submit a written report of its findings and recommenda21 tions to Congress not later than 18 months after the date 

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

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

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

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1 committee or member thereof, may, for the purpose of car2 rying out the provisions of this title, hold such hearings 

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

4 attendance and testimony of such witnesses and the pro5 duction of such books, records, correspondence, memo6 randum, papers, and documents as the Commission or 

7 such subcommittee or member may deem advisable. The 

8 Jewish Refugee Commission may request the Attorney 

9 General to invoke the aid of an appropriate United States 

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

11 attendance, testimony, or production. 

12 (b) GOVERNMENT INFORMATION AND COOPERA13 TION.—The Jewish Refugee Commission may acquire di14 rectly from the head of any department, agency, inde15 pendent instrumentality, or other authority of the execu16 tive branch of the Government, available information that 

17 the Jewish Refugee Commission considers useful in the 

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

19 independent instrumentalities, or other authorities of the 

20 executive branch of the Government shall cooperate with 

21 the Jewish Refugee Commission and furnish all informa22 tion requested by the Jewish Refugee Commission to the 

23 extent permitted by law, including information collected 

24 as a result of the Commission on Wartime and Internment 

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


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1 1981 note) and the Wartime Violation of Italian Ameri2 cans Civil Liberties Act (Public Law 106–451; 50 U.S.C. 

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

4 title 5, United States Code (commonly known as the ‘‘Pri5 vacy Act of 1974’’), the Jewish Refugee Commission shall 

6 be deemed to be a committee of jurisdiction. 

7 SEC. 204. ADMINISTRATIVE PROVISIONS. 

8 The Jewish Refugee Commission is authorized to— 

9 (1) appoint and fix the compensation of such 

10 personnel as may be necessary, without regard to 

11 the provisions of title 5, United States Code, gov12 erning appointments in the competitive service, and 

13 without regard to the provisions of chapter 51 and 

14 subchapter III of chapter 53 of such title relating to 

15 classification and General Schedule pay rates, except 

16 that the compensation of any employee of the Com17 mission may not exceed a rate equivalent to the rate 

18 payable under GS–15 of the General Schedule under 

19 section 5332 of such title; 

20 (2) obtain the services of experts and consult21 ants in accordance with the provisions of section 

22 3109 of such title; 

23 (3) obtain the detail of any Federal Govern24 ment employee, and such detail shall be without reVerDate Aug 31 2005 23:36 Feb 27, 2007 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1185.IH H1185

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1 imbursement or interruption or loss of civil service 

2 status or privilege; 

3 (4) enter into agreements with the Adminis4 trator of General Services for procurement of nec5 essary financial and administrative services, for 

6 which payment shall be made by reimbursement 

7 from funds of the Commission in such amounts as 

8 may be agreed upon by the Chairman of the Com9 mission and the Administrator; 

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

11 contract in accordance with applicable laws and reg12 ulations and to the extent or in such amounts as are 

13 provided in appropriation Acts; and 

14 (6) enter into contracts with Federal or State 

15 agencies, private firms, institutions, and agencies for 

16 the conduct of research or surveys, the preparation 

17 of reports, and other activities necessary to the dis18 charge of the duties of the Commission, to the ex19 tent or in such amounts as are provided in appro20 priation Acts. 

21 SEC. 205. FUNDING. 

22 Of the amounts authorized to be appropriated to the 

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

24 carry out this title. 


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1 SEC. 206. SUNSET. 

2 The Jewish Refugee Commission shall terminate 60 

3 days after it submits its report to Congress. 

Æ 


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