[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1900 Enrolled Bill (ENR)]

        S.1900

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
     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.

    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 Commission 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 Commission--
            (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 Department of the Treasury (one representative of each 
        such Department), appointed by the President;
            (C) two shall be Members of the House of Representatives, 
        appointed by the Speaker of the House of Representatives;
            (D) two shall be Members of the House of Representatives, 
        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 an individual 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 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.
        (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 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.

SEC. 3. DUTIES OF THE COMMISSION.

    (a) Original Research.--
        (1) In general.--Except as otherwise provided in paragraph (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 government 
        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 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 
        reserve bank;
            (B) gems, jewelry, and nongold precious metals;
            (C) accounts in banks in the United States;
            (D) domestic financial instruments purchased before May 8, 
        1945, by individual victims of the Holocaust, whether recorded 
        in the name of the victim or in the name of a nominee;
            (E) insurance policies and proceeds thereof;
            (F) real estate situated in the United States;
            (G) works of art; and
            (H) books, manuscripts, and religious 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 duplicate 
    similar activities already 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 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 encourage the National 
        Association of Insurance Commissioners to prepare a report on 
        the Holocaust-related claims practices of all insurance 
        companies, both domestic and 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 maintained by the United States Holocaust 
            Memorial Museum in Washington, D.C., of Jewish Holocaust 
            survivors.
                (ii) The list maintained by the Yad Vashem Holocaust 
            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 information 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, and the dollar 
            amount, that have been paid out.
                (iv) The total present-day value of assets in the 
            United States of each company.
            (C) Coordination.--The Commission shall coordinate its work 
        on insurance issues with that of the international Washington 
        Conference on Holocaust-Era Assets, to be convened by the 
        Department 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--
        (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 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 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 contain any 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, 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 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 
    modification 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.

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 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, 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 regard to the civil service laws and regulations, 
    appoint an executive director, a deputy executive 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 executive 
    director, and general counsel of the Commission shall be appointed 
    without regard to political affiliation, and shall possess all 
    necessary security 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 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 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 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.
            (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 employment of employees of the 
            Commission; and
                (ii) other personnel needs of the Commission.
    (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 Intermittent 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 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 candidate 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 evaluated for and granted, if 
applicable, any necessary security clearances on an expedited basis.

SEC. 6. ADMINISTRATIVE SUPPORT SERVICES.

    Upon the request of the Commission, the Administrator of General 
Services shall provide to the Commission, on a reimbursable basis, the 
administrative support services necessary for the Commission to carry 
out its responsibilities under this Act.

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 Advisory 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, 
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 Government 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 otherwise unobligated. Funds made available to 
the Commission pursuant to this section shall remain available for 
obligation until December 31, 1999.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.