I
105TH CONGRESS
2D SESSION
H. R. 3662
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 HOUSE OF REPRESENTATIVES
APRIL 1, 1998
Mr. LEACH (for himself, Mr. GILMAN, Mr. GEJDENSON, Mr. LANTOS, Mr.
FOX of Pennsylvania, and Mr. SHERMAN) introduced the following bill;
which was referred to the Committee on Banking and Financial Services
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 ac-
tion, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘U.S. Holocaust Assets
Commission Act of 1998’’.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is established a Presi-
dential Commission, to be known as the ‘‘Presidential Ad-
visory Commission on Holocaust Assets in the United
States’’ (hereafter in this Act referred to as the ‘‘Commis-
sion’’).
(b) MEMBERSHIP.—
(1) NUMBER.—The Commission shall be com-
posed of 19 members, appointed in accordance with
paragraph (2).
(2) APPOINTMENTS.—Of the 19 members of
the Commission—
(A) 7 shall be private citizens, appointed
by the President;
(B) 3 shall be representatives of the De-
partment of State, the Department of Justice,
and the Department of the Treasury (1 rep-
resentative of each such Department), ap-
pointed by the President;
(C) 2 shall be Members of the House of
Representatives, appointed by the Speaker of
the House of Representatives;
(D) 2 shall be Members of the House of
Representatives, appointed by the Minority
Leader of the House of Representatives;
(E) 2 shall be Members of the Senate, ap-
pointed by the Majority Leader of the Senate;
(F) 2 shall be Members of the Senate, ap-
pointed by the Minority Leader of the Senate;
and
(G) 1 shall be the Chairperson of the
United States Holocaust Memorial Council.
(3) CRITERIA FOR MEMBERSHIP.—Each private
citizen appointed to the Commission shall be an indi-
vidual who has a record of demonstrated leadership
on issues relating to the Holocaust or in the fields
of commerce, culture, or education that would assist
the Commission in analyzing the disposition of the
assets of Holocaust victims.
(4) ADVISORY
PANELS.—The Chairperson of
the Commission may, in the discretion of the Chair-
person, establish advisory panels to the Commission,
including State or local officials, representatives of
organizations having an interest in the work of the
Commission, or others having expertise that is rel-
evant to the purposes of the Commission.
(5) DATE.—The appointments of the members
of the Commission shall be made not later than 90
days after the date of enactment of this Act.
(c) CHAIRPERSON.—The Chairperson of the Commis-
sion shall be selected by the President from among the
members of the Commission appointed under subpara-
graph (A) or (B) of subsection (b)(2).
(d) PERIOD
OF APPOINTMENT.—Members of the
Commission shall be appointed for the life of the Commis-
sion.
(e) VACANCIES.—Any vacancy in the membership of
the Commission shall not affect its powers, but shall be
filled in the same manner as the original appointment.
(f) MEETINGS.—The Commission shall meet at the
call of the Chairperson at any time after the date of ap-
pointment of the Chairperson.
(g) QUORUM.—Thirteen of the members of the Com-
mission shall constitute a quorum, but a lesser number
of members may hold meetings.
SEC. 3. DUTIES OF THE COMMISSION.
(a) ORIGINAL RESEARCH.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in paragraph (3), the Commission shall con-
duct a thorough study and develop an historical
record of the collection and disposition of the assets
described in paragraph (2), if such assets came into
the possession or control of the Federal Government,
including the Board of Governors of the Federal Re-
serve System and any Federal reserve bank, at any
time after January 30, 1933—
(A) after having been obtained from vic-
tims of the Holocaust by, on behalf of, or under
authority of a government referred to in sub-
section (c);
(B) because such assets were left un-
claimed as the result of actions taken by, on be-
half of, or under authority of a government re-
ferred to in subsection (c); or
(C) in the case of assets consisting of gold
bullion, monetary gold, or similar assets, after
such assets had been obtained by the Nazi gov-
ernment of Germany from governmental institu-
tions in any area occupied by the military forces
of the Nazi government of Germany.
(2) TYPES
OF
ASSETS.—Assets described in
this paragraph include—
(A) gold, including gold bullion, monetary
gold, or similar assets in the possession of or
under the control of the Board of Governors of
the Federal Reserve System or any Federal re-
serve bank;
(B) gems, jewelry, and nongold precious
metals;
(C) accounts in banks in the United
States;
(D) domestic financial instruments pur-
chased before May 8, 1945, by individual vic-
tims of the Holocaust, whether recorded in the
name of the victim or in the name of a nomi-
nee;
(E) insurance policies and proceeds there-
of;
(F) real estate situated in the United
States;
(G) works of art; and
(H) books, manuscripts, and religious ob-
jects.
(3) COORDINATION OF ACTIVITIES.—In carry-
ing out its duties under paragraph (1), the Commis-
sion shall, to the maximum extent practicable, co-
ordinate its activities with, and not duplicate similar
activities already or being undertaken by, private in-
dividuals, private entities, or government entities,
whether domestic or foreign.
(b) COMPREHENSIVE
REVIEW
OF
OTHER
RE-
SEARCH.—Upon request by the Commission and permis-
sion by the relevant individuals or entities, the Commis-
sion shall review comprehensively research by private indi-
viduals, private entities, and nonfederal government enti-
ties, whether domestic or foreign, into the collection and
disposition of the assets described in subsection (a)(2), to
the extent that such research focuses on assets that came
into the possession or control of private individuals, pri-
vate entities, or nonfederal government entities within the
United States at any time after January 30, 1933, ei-
ther—
(1) after having been obtained from victims of
the Holocaust by, on behalf of, or under authority
of a government referred to in subsection (c); or
(2) because such assets were left unclaimed as
the result of actions taken by, on behalf of, or under
authority of a government referred to in subsection
(c).
(c) GOVERNMENTS INCLUDED.—A government re-
ferred to in this subsection includes, as in existence during
the period beginning on March 23, 1933, and ending on
May 8, 1945—
(1) the Nazi government of Germany;
(2) any government in any area occupied by the
military forces of the Nazi government of Germany;
(3) any government established with the assist-
ance or cooperation of the Nazi government of Ger-
many; and
(4) any government which was an ally of the
Nazi government of Germany.
(d) REPORTS.—
(1) SUBMISSION
TO
THE
PRESIDENT.—Not
later than December 31, 1999, the Commission shall
submit a final report to the President that shall con-
tain any recommendations for such legislative, ad-
ministrative, or other action as it deems necessary or
appropriate. The Commission may submit interim
reports to the President as it deems appropriate.
(2) SUBMISSION TO THE CONGRESS.—After re-
ceipt of the final report under paragraph (1), the
President shall submit to the Congress any rec-
ommendations for legislative, administrative, or
other action that the President considers necessary
or appropriate.
SEC. 4. POWERS OF THE COMMISSION.
(a) HEARINGS.—The Commission may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Commission
considers advisable to carry out this Act.
(b) INFORMATION FROM FEDERAL AGENCIES.—The
Commission may secure directly from any Federal depart-
ment or agency such information as the Commission con-
siders necessary to carry out this Act. Upon request of
the Chairperson of the Commission, the head of any such
department or agency shall furnish such information to
the Commission as expeditiously as possible.
(c) POSTAL SERVICES.—The Commission may use
the United States mails in the same manner and under
the same conditions as other departments and agencies of
the Federal Government.
(d) GIFTS.—The Commission may accept, use, and
dispose of gifts or donations of services or property.
SEC. 5. COMMISSION PERSONNEL MATTERS.
(a) COMPENSATION.—No member of the Commission
who is a private citizen shall be compensated for service
on the Commission. All members of the Commission who
are officers or employees of the United States shall serve
without compensation in addition to that received for their
services as officers or employees of the United States.
(b) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of services
for the Commission.
(c) EXECUTIVE DIRECTOR, DEPUTY EXECUTIVE DI-
RECTOR, GENERAL COUNSEL, AND OTHER STAFF.—
(1) IN GENERAL.—Not later than 90 days after
the selection of the Chairperson of the Commission
under section 2, the Chairperson shall, without re-
gard to the civil service laws and regulations, ap-
point an executive director, a deputy executive direc-
tor, and a general counsel of the Commission, and
such other additional personnel as may be necessary
to enable the Commission to perform its duties
under this Act.
(2) QUALIFICATIONS.—The executive director,
deputy executive director, and general counsel of the
Commission shall be appointed without regard to po-
litical affiliation, and shall possess all necessary se-
curity clearances for such positions.
(3) DUTIES
OF
EXECUTIVE
DIRECTOR.—The
executive director of the Commission shall—
(A) serve as principal liaison between the
Commission and other Government entities;
(B) be responsible for the administration
and coordination of the review of records by the
Commission; and
(C) be responsible for coordinating all offi-
cial activities of the Commission.
(4) COMPENSATION.—The Chairperson of the
Commission may fix the compensation of the execu-
tive director, deputy executive director, general coun-
sel, and other personnel employed by the Commis-
sion, without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates, except that—
(A) the rate of pay for the executive direc-
tor of the Commission may not exceed the rate
payable for level III of the Executive Schedule
under section 5314 of title 5, United States
Code; and
(B) the rate of pay for the deputy execu-
tive director, the general counsel of the Com-
mission, and other Commission personnel may
not exceed the rate payable for level IV of the
Executive Schedule under section 5315 of title
5, United States Code.
(5) EMPLOYEE BENEFITS.—
(A) IN
GENERAL.—An employee of the
Commission shall be an employee for purposes
of chapters 84, 85, 87, and 89 of title 5, United
States Code, and service as an employee of the
Commission shall be service for purposes of
such chapters.
(B) NONAPPLICATION TO MEMBERS.—This
paragraph shall not apply to a member of the
Commission.
(6) OFFICE
OF
PERSONNEL
MANAGEMENT.—
The Office of Personnel Management—
(A) may promulgate regulations to apply
the provisions referred to under subsection (a)
to employees of the Commission; and
(B) shall provide support services relating
to—
(i) the initial employment of employ-
ees of the Commission; and
(ii) other personnel needs of the Com-
mission.
(d) DETAIL
OF GOVERNMENT EMPLOYEES.—Any
Federal Government employee may be detailed to the
Commission without reimbursement to the agency of that
employee, and such detail shall be without interruption or
loss of civil service status or privilege.
(e) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The Chairperson of the Commission
may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of
the Executive Schedule under section 5316 of such title.
(f) STAFF QUALIFICATIONS.—Any person appointed
to the staff of or employed by the Commission shall be
an individual of integrity and impartiality.
(g) CONDITIONAL EMPLOYMENT.—
(1) IN GENERAL.—The Commission may offer
employment on a conditional basis to a prospective
employee pending the completion of any necessary
security clearance background investigation. During
the pendency of any such investigation, the Commis-
sion shall ensure that such conditional employee is
not given and does not have access to or responsibil-
ity involving classified or otherwise restricted mate-
rial.
(2) TERMINATION.—If a person hired on a con-
ditional basis as described in paragraph (1) is denied
or otherwise does not qualify for all security clear-
ances necessary for the fulfillment of the responsibil-
ities of that person as an employee of the Commis-
sion, the Commission shall immediately terminate
the employment of that person with the Commission.
(h) EXPEDITED
SECURITY
CLEARANCE
PROCE-
DURES.—A candidate for executive director or deputy ex-
ecutive director of the Commission and any potential em-
ployee of the Commission shall, to the maximum extent
possible, be investigated or otherwise evaluated for and
granted, if applicable, any necessary security clearances
on an expedited basis.
SEC. 6. SUPPORT SERVICES.
During the 180-day period following the date of en-
actment of this Act, the General Services Administration
shall provide administrative support services (including of-
fices and equipment) for the Commission.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the
date on which the Commission submits its final report
under section 3.
SEC. 8. MISCELLANEOUS PROVISIONS.
(a) INAPPLICABILITY OF FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) does not apply to the
Commission.
(b) PUBLIC ATTENDANCE.—To the maximum extent
practicable, each meeting of the Commission shall be open
to members of the public.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated not more
than $3,500,000 for the interagency funding of activities
of the Commission under this Act. Funds made available
to the Commission pursuant to this section shall remain
available for obligation until December 31, 1999.
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