U.S. Holocaust Assets Commission Act of 1998
PL 105-186 (S.1900), enacted 06/23/1998

'i%^i^2^ 
^ 
PUBLIC LAW 105-186-^UNE 23, 1998 
112 STAT. 611 
Public Law 105-186 
105th Congress 
An Act 
To establish a commission to examine issues pertaining to the disposition of Holo-
caust-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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "U.S. Holocaust Assets Commis-
sion Act of 1998". 
SEC. 2. ESTABLISHMENT OF COMMISSION. 
(a) 
ESTABLISHMENT.—There is established 
a 
Presidential 
Commission, to be known as the "Presidential Advisory Commission 
on Holocaust Assets in the United States" (hereafter in this Act 
referred to as the "Commission"). 
(b) MEMBERSHIP.— 
(1) NUMBER.—The Commission shall be composed of 21 
members, appointed in accordance with paragraph (2). 
(2) APPOINTMENTS.—Of the 21 members of the Commis-
sion— 
(A) eight shall be private citizens, appointed by the 
President; 
(B) four shall be representatives of the Department 
of State, the Department of Justice, the Department of 
the Army, and the Depeirtment of the Treasury (one rep-
resentative of each such Department), appointed by the 
President; 
(C) two shall be Members of the House of Representa-
tives, appointed by the Speaker of the House of Representa-
tives; 
(D) two shall be Members of the House of Representa-
tives, appointed by the minority leader of the House of 
Representatives; 
(E) two shall be Members of the Senate, appointed 
by the majority leader of the Senate; 
(F) two shall be Members of the Senate, appointed 
by the minority leader of the Senate; and 
(G) one shall be the Chairperson of the United States 
Holocaust Memorial Council. 
(3) 
CRITERIA FOR 
MEMBERSHIP.—Each private 
citizen 
appointed to the Commission shall be £in individual who has 
a record of demonstrated leadership on issues relating to the 
Holocaust or in the fields of commerce, culture, or education 
June 23, 1998 
[S. 1900] 
U.S. Holocaust 
Assets 
Commission Act 
of 1998. 
22 u s e 1621 
note. 
22 u s e 1621 
note. 
President. 
Congress. 
112 STAT. 612 
PUBLIC LAW 105-186—JUNE 23, 1998 
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 Chairperson, 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 relevant 
to the purposes of the Commission. 
Deadline. 
(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. 
President. 
(c) CHAIRPERSON.—^The Chairperson of the Commission shall 
be selected by the President from among the members of the 
Commission appointed under subparagraph (A) or (B) of subsection 
(b)(2). 
(d) PERIOD OF APPOINTMENT.—Members of the Commission 
shall be appointed for the life of the Commission. 
(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 appointment of the 
Chairperson. 
(g) QUORUM.—11 members of the Commission shall constitute 
a quorum, but a lesser number of members may hold meetings. 
22 use 1621 
SEC. 3. DUTIES OF THE COMMISSION. 
^°^' 
(a) ORIGINAL RESEARCH.— 
(1) IN GENERAL.—Except as otherwise provided in para-
graph (3), the Commission shall conduct a thorough study 
and develop a 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 Reserve System 
and any Federal reserve bank, at any time after January 30, 
1933— 
(A) after having been obtained from victims of the 
Holocaust by, on behalf of, or under authority of a govem-
-m 
ment referred to in subsection (c); 
(B) 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); 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 government of Germany from 
governmental institutions in any area occupied by the mili-
tary 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 simi-
lar assets in the possession of or imder the control of 
the Board of Governors of the Federal Reserve System 
or any Federal reserve bank; 
(B) gems, jewelry, and nongold precious metals; 
(C) accounts in banks in the United States; 
(D) domestic fin£incial instruments purchased before 
May 8, 1945, by individual victims of the Holocaust, 
PUBLIC LAW 1 0 5 - 1 8 6 - ^ U N E 23, 1998 
112 STAT. 613 
whether recorded in the name of the victim or in the 
name of a nominee; 
(E) insurance poHcies and proceeds thereof; 
(F) real estate situated in the United States; 
(G) works of art; and 
(H) books, manuscripts, and reUgious objects. 
(3) COORDINATION OF ACTIVITIES.—In carrying out its duties 
under paragraph (1), the Commission shall, to the maximum 
extent practicable, coordinate its activities with, and not dupli-
cate similar activities sdready being undertaken by, private 
individuals, private entities, or government entities, whether 
domestic or foreign. 
(4) INSURANCE POLICIES.— 
(A) IN GENERAL.—In carrying out its duties under this Reports. 
Act, the Commission shall take note of the work of the 
National Association of Insurance Commissioners with 
regard to Holocaust-era insurance issues and shall encour-
age the National Association of Insurance Commissioners 
to prepare a report on the Holocaust-related claims prac-
tices of all insurance companies, both domestic £ind foreign, 
doing business in the United States at any time after 
January 30, 1933, that issued any individual life, health, 
or property-casualty insurance policy to any individual on 
any list of Holocaust victims, including the following lists: 
(i) The list maintsdned by the United States Holo-
caust Memorial Museum in Washington, D.C., of Jew-
ish Holocaust survivors. 
— 
(ii) The list maintained by the Yad Vashem Holo-
caust Memorial Authority in its Hall of Names of 
individuals who died in the Holocaust. 
(B) INFORMATION TO BE INCLUDED.—The report on 
insurance companies prepared pursuant to subparagraph 
(A) should include the following, to the degree the informa-
tion is available: 
(i) The number of policies issued by each company 
to individuals described in such subparagraph. 
(ii) The value of each policy at the time of issue. 
(iii) The total number of policies, £ind the dollar 
amount, that have been paid out. 
(iv) The total present-day value of assets in the 
United States of each compeiny. 
(C) COORDINATION.—The Commission shall coordinate 
its work on insurance issues with that of the international 
Washington Conference on Holocaust-Era Assets, to be con-
vened by the Depsirtment of State and the United States 
Holocaust Memorial Council. 
(b) 
COMPREHENSIVE REVIEW OF OTHER 
RESEARCH.—Upon 
receiving permission from any relevant individuals or entities, the 
Commission shall review comprehensively any research by private 
individuals, private entities, and non-Federal government entities, 
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, private entities, or non-Federal 
government entities within the United States at any time after 
January 30, 1933, either— 
112 STAT. 614 
PUBLIC LAW 105-186—JUNE 23, 1998 
(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 imclaimed 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 referred 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 assistance or 
cooperation of the Nazi government of Germany; and 
(4) any government which was an ally of the Nazi govern-
ment of Germany. 
(d) REPORTS.— 
(1) SUBMISSION TO THE PRESIDENT.—Not later than Decem-
ber 31, 1999, the Commission shall submit a final report to 
the President that shall contain emy recommendations for such 
legislative, administrative, 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 receipt of the 
final report under paragraph (1), the President shall submit 
to the Congress any recommendations for legislative, adminis-
trative, or other action that the President considers necessary 
or appropriate. 
22 use 1621 
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 department or agency such 
information as the Commission considers 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. 
(e) ADMINISTRATIVE SERVICES.—For the purposes of obtaining 
administrative services necessary to carry out the purposes of this 
Act, including the leasing of real property for use by the Commission 
as an office, the Commission shall have the power to— 
(1) enter into contracts and modify, or consent to the modi-
fication of, any contract or agreement to which the Commission 
is a party; and 
(2) acquire, hold, lease, maintain, or dispose of real and 
personal property. 
PUBLIC LAW 105-186—JUNE 23, 1998 
112 STAT. 615 
SEC. 5. COMMISSION PERSONNEL MATTERS. 
22 USC 1621 
(a) COMPENSATION.—No member of the Commission who is 
a private citizen shall be compensated for service on the Commis-
sion. 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 Commission shall 
be allowed travel expenses, including per diem in lieu of subsistence, 
at rates authorized for employees 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 DIRECTOR, GEN-
ERAL COUNSEL, AND OTHER STAFF.— 
(1) IN GENERAL.—Not later than 90 days after the selection Deadline, 
of the Chairperson of the Commission under section 2, the 
Chairperson shall, without regard to the civil service laws 
and regulations, appoint an executive director, a deputy execu-
tive director, 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 execu-
tive director, and general counsel of the Commission shall 
be appointed without regard to political affiliation, and shall 
possess all necessary security clearemces 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 coordina-
tion of the review of records by the Commission; and 
(C) be responsible for coordinating all official activities 
of the Commission. 
(4) COMPENSATION.—The Chairperson of the Commission 
may fix the compensation of the executive director, deputy 
executive director, general counsel, and other 
personnel 
employed by the Commission, 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 director 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 executive director, 
the general counsel of the Commission, and other Commis-
sion 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 83, 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. 
59-194 O - 98 - 21: QL 3 Part 1 
112 STAT. 616 
PUBLIC LAW 105-186-^UNE 23, 1998 
(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, on a reimbursable 
basis, relating to— 
(i) the initial emplo3anent of employees of the 
Commission; and 
(ii) other personnel needs of the Commission. 
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Govern-
ment 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 privi-
lege. 
(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV-
ICES.—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 emplo3anent 
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 Commission shall ensure that such conditional employee 
is not given and does not have access to or responsibility 
involving classified or otherwise restricted material. 
(2) TERMINATION.—If a person hired on a conditional basis 
as described in paragraph (1) is denied or otherwise does not 
qualify for all security clearances necessary for the fulfillment 
of the responsibilities of that person as an employee of the 
Commission, the Commission shall immediately terminate the 
employment of that person with the Commission. 
(h) EXPEDITED SECURITY CLEARANCE PROCEDURES.—A can-
didate for executive director or deputy executive director of the 
Commission and any potential employee of the Commission shall, 
to the maximum extent possible, be investigated or otherwise evalu-
ated for and granted, if applicable, any necessary security clearances 
on an expedited basis. 
22 use 1621 
SEC. 6. ADMINISTRATIVE SUPPORT SERVICES. 
Upon the request of the Commission, the Administrator of 
General Services shall provide to the Commission, on a reimburs-
able basis, the administrative support services necessary for the 
Commission to carry out its responsibilities under this Act. 
22 use 1621 
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. 
PUBLIC LAW 105-186-JUNE 23, 1998 
112 STAT. 617 
SEC. 8. MISCELLANEOUS PROVISIONS. 
22 USC 1621 
(a) INAPPLICABILITY OF FACA.—The Federal Advisory Commit-
tee 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. 
22 USC 1621 
There are authorized to be appropriated not more than 
$3,500,000, in total, for the interagency funding of activities of 
the Commission under this Act for fiscal years 1998, 1999, and 
2000, of which, notwithstanding section 1346 of title 31, United 
States Code, and section 611 of the Treasury and General Govern-
ment Appropriations Act, 1998, $537,000 shall be made available 
in equal amounts from funds made available for fiscal year 1998 
to the Departments of Justice, State, and the Army that are other-
wise unobligated. Funds made available to the Commission pursu-
ant to this section shall remain available for obligation until Decem-
ber 31,1999. 
Approved June 23, 1998. 
LEGISLATIVE HISTORY—S. 1900 (H.R. 3662): 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
May 1, considered and passed Senate. 
June 9, considered and passed House, amended, in lieu of H.R. 3662. 
June 10, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
June 23, Presidential statement.