II 

Calendar No. 309

108TH CONGRESS 

1ST SESSION S. 1691

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 

OCTOBER 1, 2003

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

LIEBERMAN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

OCTOBER 16, 2003

Reported by Mr. HATCH, 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,

3 SECTION 1. SHORT TITLE. 

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

5 Study Act’’. 
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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

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

4 successfully fought the spread of Nazism and fas5 cism by Germany, Italy, and Japan. 

6 (2) Nazi Germany persecuted and engaged in 

7 genocide against Jews and certain other groups. By 

8 the end of the war, 6,000,000 Jews had perished at 

9 the hands of Nazi Germany. United States Govern10 ment policies, however, restricted entry to the 

11 United States to Jewish and other refugees who 

12 sought safety from Nazi persecution. 

13 (3) While we were at war, the United States 

14 treated the Japanese American, German American, 

15 and Italian American communities as suspect. 

16 (4) The United States Government should con17 duct an independent review to assess fully and ac18 knowledge these actions. Congress has previously re19 viewed the United States Government’s wartime 

20 treatment of Japanese Americans through the Com21 mission on Wartime Relocation and Internment of 

22 Civilians. An independent review of the treatment of 

23 German Americans and Italian Americans and of 

24 Jewish refugees fleeing persecution and genocide has 

25 not yet been undertaken. 
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1 (5) During World War II, the United States 

2 Government branded 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 limited their travel, and seized their personal prop7 erty. At that time, these groups were the two largest 

8 foreign-born groups in the United States. 

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

10 Government arrested, interned or otherwise detained 

11 thousands of European Americans, some remaining 

12 in custody for years after cessation of World War II 

13 hostilities, and repatriated, exchanged, or deported 

14 European Americans, including American-born chil15 dren, to hostile, war-torn European Axis nations, 

16 many to be exchanged for Americans held in those 

17 nations. 

18 (7) Pursuant to a policy coordinated by the 

19 United States with Latin American countries, many 

20 European Latin Americans, including German and 

21 Austrian Jews, were captured, shipped to the United 

22 States and interned. Many were later expatriated, 

23 repatriated or deported to hostile, war-torn Euro24 pean Axis nations during World War II, most to be 
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1 exchanged for Americans and Latin Americans held 

2 in those nations. 

3 (8) Millions of European Americans served in 

4 the armed forces and thousands sacrificed their lives 

5 in defense of the United States. 

6 (9) The wartime policies of the United States 

7 Government were devastating to the Italian Ameri8 cans and German American communities, individuals 

9 and their families. The detrimental effects are still 

10 being experienced. 

11 (10) Prior to and during World War II, the 

12 United States restricted the entry of Jewish refugees 

13 who were fleeing persecution and sought safety in 

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

15 the quota system, immigration regulations, visa re16 quirements, and the time required to process visa 

17 applications affected the number of Jewish refugees, 

18 particularly those from Germany and Austria, who 

19 could gain admittance to the United States. 

20 (11) Time is of the essence for the establish21 ment of commissions, because of the increasing dan22 ger of destruction and loss of relevant documents, 

23 the advanced age of potential witnesses and, most 

24 importantly, the advanced age of those affected by 

25 the United States Government’s policies. Many who 
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1 suffered have already passed away and will never 

2 know of this effort. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

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

6 World War II’’ refers to the period between Sep7 tember 1, 1939, through December 31, 1948. 

8 (2) EUROPEAN AMERICANS.—

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

10 Americans’’ refers to United States citizens and 

11 permanent resident aliens of European ances12 try, including Italian Americans, German Amer13 icans, Hungarian Americans, Romanian Ameri14 cans, and Bulgarian Americans.

15 (B) ITALIAN AMERICANS.—The term 

16 ‘‘Italian Americans’’ refers to United States 

17 citizens and permanent resident aliens of 

18 Italian ancestry. 

19 (C) GERMAN AMERICANS.—The term 

20 ‘‘German Americans’’ refers to United States 

21 citizens and permanent resident aliens of Ger22 man ancestry. 

23 (3) EUROPEAN LATIN AMERICANS.—The term 

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

25 European ancestry, including Italian or German an-
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1 cestry, residing in a Latin American nation during 

2 World War II.

3 TITLE I—COMMISSION ON WAR4 TIME TREATMENT OF EURO5 PEAN AMERICANS 

6 SEC. 101. ESTABLISHMENT OF COMMISSION ON WARTIME 

7 TREATMENT OF EUROPEAN AMERICANS. 

8 (a) IN GENERAL.—There is established the Commis9 sion on Wartime Treatment of European Americans (re10 ferred to in this title as the ‘‘European American Commis11 sion’’). 

12 (b) MEMBERSHIP.—The European American Com13 mission shall be composed of 7 members, who shall be ap14 pointed not later than 90 days after the date of enactment 

15 of this Act as follows: 

16 (1) Three members shall be appointed by the 

17 President. 

18 (2) Two members shall be appointed by the 

19 Speaker of the House of Representatives, in con20 sultation with the minority leader. 

21 (3) Two members shall be appointed by the ma22 jority leader of the Senate, in consultation with the 

23 minority leader. 

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

25 for the life of the European American Commission. A va-
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1 cancy in the European American Commission shall not af2 fect its powers, and shall be filled in the same manner 

3 in which the original appointment was made. 

4 (d) REPRESENTATION.—The European American 

5 Commission shall include 2 members representing the in6 terests of Italian Americans and 2 members representing 

7 the interests of German Americans. 

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

9 meeting of the European American Commission not later 

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

11 (f) QUORUM.—Four members of the European Amer12 ican Commission shall constitute a quorum, but a lesser 

13 number may hold hearings. 

14 (g) CHAIRMAN.—The European American Commis15 sion shall elect a Chairman and Vice Chairman from 

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

17 for the life of the European American Commission. 

18 (h) COMPENSATION.—

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

20 American Commission shall serve without pay. 

21 (2) REIMBURSEMENT OF EXPENSES.—All mem22 bers of the European American Commission shall be 

23 reimbursed for reasonable travel and subsistence, 

24 and other reasonable and necessary expenses in25 curred by them in the performance of their duties. 
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1 SEC. 102. DUTIES OF THE EUROPEAN AMERICAN COMMIS2 SION. 

3 (a) IN GENERAL.—It shall be the duty of the Euro4 pean American Commission to review the United States 

5 Government’s wartime treatment of European Americans 

6 and European Latin Americans as provided in subsection 

7 (b). 

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

9 Commission’s review shall include the following: 

10 (1) A comprehensive review of the facts and cir11 cumstances surrounding United States Government 

12 actions during World War II that violated the civil 

13 liberties of European Americans and European 

14 Latin Americans pursuant to the Alien Enemies 

15 Acts (50 U.S.C. 21–24), Presidential Proclamations 

16 2526, 2527, 2655, 2662, Executive Orders 9066 

17 and 9095, and any directive of the United States 

18 Government pursuant to such law, proclamations, or 

19 executive orders respecting the registration, arrest, 

20 exclusion, internment, exchange, or deportment of 

21 European Americans and European Latin Ameri22 cans. This review shall include an assessment of the 

23 underlying rationale of the United States Govern24 ment’s decision to develop related programs and 

25 policies, the information the United States Govern26 ment received or acquired suggesting the related 
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1 programs and policies were necessary, the perceived 

2 benefit of enacting such programs and policies, and 

3 the immediate and long-term impact of such pro4 grams and policies on European Americans and Eu5 ropean Latin Americans and their communities. 

6 (2) A review of United States Government ac7 tion with respect to European Americans pursuant 

8 to the Alien Enemies Acts (50 U.S.C. 21–24) and 

9 Executive Order 9066 during World War II, includ10 ing registration requirements, travel and property 

11 restrictions, establishment of restricted areas, raids, 

12 arrests, internment, exclusion, policies relating to 

13 the families and property that excludees and intern14 ees were forced to abandon, internee employment by 

15 American companies (including a list of such compa16 nies and the terms and type of employment), ex17 change, repatriation, and deportment, and the imme18 diate and long-term effect of such actions, particu19 larly internment, on the lives of those affected. This 

20 review shall include a list of all temporary detention 

21 and long-term internment facilities. 

22 (3) A brief review of the participation by Euro23 pean Americans in the United States Armed Forces 

24 including the participation of European Americans 
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1 whose families were excluded, interned, repatriated, 

2 or exchanged. 

3 (4) A recommendation of appropriate remedies, 

4 including how civil liberties can be better protected 

5 during war, or an actual, attempted, or threatened 

6 invasion or incursion, an assessment of the contin7 ued viability of the Alien Enemies Acts (50 U.S.C. 

8 21–24), and public education programs related to 

9 the United States Government’s wartime treatment 

10 of European Americans and European Latin Ameri11 cans during World War II. 

12 (c) FIELD HEARINGS.—The European American 

13 Commission shall hold public hearings in such cities of the 

14 United States as it deems appropriate. 

15 (d) REPORT.—The European American Commission 

16 shall submit a written report of its findings and rec17 ommendations to Congress not later than 18 months after 

18 the date of the first meeting called pursuant to section 

19 101(e). 

20 SEC. 103. POWERS OF THE EUROPEAN AMERICAN COMMIS21 SION. 

22 (a) IN GENERAL.—The European American Commis23 sion or, on the authorization of the Commission, any sub24 committee or member thereof, may, for the purpose of car25 rying out the provisions of this title, hold such hearings
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1 and sit and act at such times and places, and request the 

2 attendance and testimony of such witnesses and the pro3 duction of such books, records, correspondence, memo4 randum, papers, and documents as the Commission or 

5 such subcommittee or member may deem advisable. The 

6 European American Commission may request the Attor7 ney General to invoke the aid of an appropriate United 

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

9 such attendance, testimony, or production. 

10 (b) GOVERNMENT INFORMATION AND COOPERA11 TION.—The European American Commission may acquire 

12 directly from the head of any department, agency, inde13 pendent instrumentality, or other authority of the execu14 tive branch of the Government, available information that 

15 the European American Commission considers useful in 

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

17 independent instrumentalities, or other authorities of the 

18 executive branch of the Government shall cooperate with 

19 the European American Commission and furnish all infor20 mation requested by the European American Commission 

21 to the extent permitted by law, including information col22 lected as a result of Public Law 96–317 and Public Law 

23 106–451. For purposes of the Privacy Act (5 U.S.C. 

24 552a(b)(9)), the European American Commission shall be 

25 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. AUTHORIZATION OF APPROPRIATIONS. 

15 From funds currently authorized to the Department 

16 of Justice, there are authorized to be appropriated not to 

17 exceed $500,000 to carry out the purposes of 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 in Europe entry to the United States as pro2 vided 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 refusal to allow Jewish and other refugees fleeing 

9 persecution and 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 policy relating 

18 to those fleeing persecution or genocide, including 

19 recommendations for making it easier for future vic20 tims of persecution or genocide to obtain refuge in 

21 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 Public Law 96–317 and Public Law 106–

7 451. For purposes of the Privacy Act (5 U.S.C. 

8 552a(b)(9)), the Jewish Refugee Commission shall be 

9 deemed to be a committee of jurisdiction. 

10 SEC. 204. ADMINISTRATIVE PROVISIONS. 

11 The Jewish Refugee Commission is authorized to—

12 (1) appoint and fix the compensation of such 

13 personnel as may be necessary, without regard to 

14 the provisions of title 5, United States Code, gov15 erning appointments in the competitive service, and 

16 without regard to the provisions of chapter 51 and 

17 subchapter III of chapter 53 of such title relating to 

18 classification and General Schedule pay rates, except 

19 that the compensation of any employee of the Com20 mission may not exceed a rate equivalent to the rate 

21 payable under GS–15 of the General Schedule under 

22 section 5332 of such title; 

23 (2) obtain the services of experts and consult24 ants in accordance with the provisions of section 

25 3109 of such title; 
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1 (3) obtain the detail of any Federal Govern2 ment employee, and such detail shall be without re3 imbursement or interruption or loss of civil service 

4 status or privilege; 

5 (4) enter into agreements with the Adminis6 trator of General Services for procurement of nec7 essary financial and administrative services, for 

8 which payment shall be made by reimbursement 

9 from funds of the Commission in such amounts as 

10 may be agreed upon by the Chairman of the Com11 mission and the Administrator; 

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

13 contract in accordance with applicable laws and reg14 ulations and to the extent or in such amounts as are 

15 provided in appropriation Acts; and 

16 (6) enter into contracts with Federal or State 

17 agencies, private firms, institutions, and agencies for 

18 the conduct of research or surveys, the preparation 

19 of reports, and other activities necessary to the dis20 charge of the duties of the Commission, to the ex21 tent or in such amounts as are provided in appro22 priation Acts. 
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1 SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

2 From funds currently authorized to the Department 

3 of Justice, there are authorized to be appropriated not to 

4 exceed $500,000 to carry out the purposes of this title. 

5 SEC. 206. SUNSET. 

6 The Jewish Refugee Commission shall terminate 60 

7 days after it submits its report to Congress.

Amend the title so as to read: ‘‘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.’’. 

Calendar No. 309

108TH CONGRESS 

1ST SESSION S. 1691

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. 

OCTOBER 16, 2003

Reported without amendment