[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1356 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1356
To establish a commission to review the facts and circumstances
surrounding injustices suffered by European Americans, European Latin
Americans, and European refugees during World War II.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 3, 2001
Mr. Feingold (for himself, Mr. Grassley, and Mr. Kennedy) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
A BILL
To establish a commission to review the facts and circumstances
surrounding injustices suffered by European Americans, European Latin
Americans, and European refugees during World War II.
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 ``Wartime Treatment of European
Americans and Refugees Study Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States has long encouraged other nations to
acknowledge their wartime offenses against civilians. Now, the
United States Government should fully assess its treatment of
European Americans and European Latin Americans during World
War II and its effect on Italian American, German American, and
other European American communities.
(2) The United States Government should also fully assess
its treatment of European refugees who fled persecution and
genocide in Europe to seek refuge in the United States prior to
and during World War II.
(3) During World War II, the United States Government
branded as ``enemy aliens'' more than 600,000 Italian-born and
300,000 German-born United States resident aliens and their
families and required them to carry Certificates of
Identification, limited their travel, and seized their personal
property. At that time, these groups were the two largest
foreign-born groups in the United States.
(4) During World War II, the United States Government
arrested, interned or otherwise detained thousands of European
Americans, some remaining in custody for years after cessation
of World War II hostilities, and repatriated, exchanged, or
deported European Americans, including American-born children,
to hostile, war-torn European Axis nations, many to be
exchanged for Americans held in those nations.
(5) Pursuant to a policy coordinated by the United States
with Latin American countries, many European Latin Americans,
including German and Austrian Jews, were captured, shipped to
the United States and interned. Many were later expatriated,
repatriated or deported to hostile, war-torn European Axis
nations during World War II, most to be exchanged for Americans
and Latin Americans held in those nations.
(6) Millions of European Americans served in the armed
forces and thousands sacrificed their lives in defense of the
United States.
(7) The wartime policies of the United States Government
were devastating to the Italian Americans and German American
communities, individuals and their families. The detrimental
effects are still being experienced.
(8) Prior to and during World War II, the United States
restricted the entry of European refugees who were fleeing
persecution and sought safety in the United States. During the
1930's and 1940's, the quota system, immigration regulations,
visa requirements, and the time required to process visa
applications affected the number of European refugees,
particularly those from Germany and Austria, who could gain
admittance to the United States.
(9) Time is of the essence for the establishment of a
Commission, because of the increasing danger of destruction and
loss of relevant documents, the advanced age of potential
witnesses and, most importantly, the advanced age of those
affected by the United States Government's policies. Many who
suffered have already passed away and will never know of this
effort.
SEC. 3. DEFINITIONS.
In this Act:
(1) During world war ii.--The term ``during World War II''
refers to the period between September 1, 1939, through
December 31, 1948.
(2) European americans.--
(A) In general.--The term ``European Americans''
refers to United States citizens and permanent resident
aliens of European ancestry, including Italian
Americans, German Americans, Hungarian Americans,
Romanian Americans, and Bulgarian Americans.
(B) Italian americans.--The term ``Italian
Americans'' refers to United States citizens and
permanent resident aliens of Italian ancestry.
(C) German americans.--The term ``German
Americans'' refers to United States citizens and
permanent resident aliens of German ancestry.
(3) European refugees.--The term ``European refugees''
refers to European nationals who desired to flee persecution
and genocide in Europe and to enter the United States during
the period between January 1, 1933 and December 31, 1945 but
were denied entry.
(4) European latin americans.--The term ``European Latin
Americans'' refers to persons of European ancestry, including
Italian or German ancestry, residing in a Latin American nation
during World War II.
SEC. 4. ESTABLISHMENT OF COMMISSION.
(a) In General.--There is established the Commission on Wartime
Treatment of European Americans and Refugees (referred to in this Act
as the ``Commission'').
(b) Membership.--The Commission shall be composed of 11 members,
who shall be appointed not later than 90 days after the date of
enactment of this Act as follows:
(1) Five members shall be appointed by the President.
(2) Three members shall be appointed by the Speaker of the
House of Representatives, in consultation with the minority
leader.
(3) Three members shall be appointed by the majority leader
of the Senate, in consultation with the minority leader.
(c) Terms.--The term of office for members shall be for the life of
the Commission. A vacancy in the Commission shall not affect its
powers, and shall be filled in the same manner in which the original
appointment was made.
(d) Representation.--The Commission shall include 2 members from
the Italian American community and 2 members from the German American
community representing their wartime treatment interests. The
Commission shall also include 2 members representing the interests of
European refugees.
(e) Meetings.--The President shall call the first meeting of the
Commission not later than 120 days after the date of enactment of this
Act.
(f) Quorum.--Six members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(g) Chairman.--The Commission shall elect a Chairman and Vice
Chairman from among its members. The term of office of each shall be
for the life of the Commission.
(h) Compensation.--
(1) In general.--Members of the Commission shall serve
without pay.
(2) Reimbursement of expenses.--All members of the
Commission shall be reimbursed for reasonable travel and
subsistence, and other reasonable and necessary expenses
incurred by them in the performance of their duties.
SEC. 5. DUTIES OF THE COMMISSION.
(a) In General.--It shall be the duty of the Commission to review--
(1) the United States Government's wartime treatment of
European Americans and European Latin Americans as provided in
subsection (b)(1); and
(2) the United States Government's refusal to allow
European refugees fleeing persecution in Europe entry to the
United States as provided in subsection (b)(2).
(b) Scope of Review.--
(1) European americans and european latin americans.--The
Commission's review shall include, but not be limited to, the
following:
(A) A comprehensive review of the facts and
circumstances surrounding United States Government
actions during World War II which violated the civil
liberties of European Americans and European Latin
Americans pursuant to the Alien Enemy Act (50 U.S.C.
21-24), Presidential Proclamations 2526, 2527, 2655,
2662, Executive Orders 9066 and 9095, and any directive
of the United States Armed Forces pursuant to such law,
proclamations, or executive orders respecting the
registration, arrest, exclusion, internment, exchange,
or deportment of European Americans and European Latin
Americans. This review shall include an assessment of
the underlying rationale of the United States
Government's decision to develop related programs and
policies, the information the United States Government
received or acquired suggesting the related programs
and policies were necessary, the perceived benefit of
enacting such programs and policies, and the immediate
and long-term impact of such programs and policies on
European Americans and European Latin Americans and
their communities.
(B) A review of United States Government action
with respect to European Americans pursuant to the
Alien Enemy Act (50 U.S.C. 21-24) and Executive Order
9066 during World War II, including registration
requirements, travel and property restrictions,
establishment of restricted areas, raids, arrests,
internment, exclusion, policies relating to the
families and property that excludees and internees were
forced to abandon, internee employment by American
companies (including a list of such companies and the
terms and type of employment), exchange, repatriation,
and deportment, and the immediate and long-term effect
of such actions, particularly internment, on the lives
of those affected. This review shall include a list of
all temporary detention and long-term internment
facilities.
(C) A brief review of the participation by European
Americans in the United States Armed Forces including
the participation of European Americans whose families were excluded,
interned, repatriated, or excluded.
(D) A recommendation of appropriate remedies,
including how civil liberties can be better protected
during war, or an actual, attempted, or threatened
invasion or inclusion, an assessment of the continued
viability of the Alien Enemy Act (50 U.S.C. 21-24), and
public education programs related to the United States
Government's wartime treatment of European Americans,
European Latin Americans, and European refugees during
World War II.
(2) European refugees.--The Commission's review shall cover
the period between January 1, 1933, through December 31, 1945,
and shall include, to the greatest extent practicable, the
following:
(A) A review of the United States Government's
refusal to allow European refugees entry to the United
States, including a review of the underlying rationale
of the United States Government's decision to refuse
the European refugees entry, the information the United
States Government received or acquired suggesting such
refusal was necessary, the perceived benefit of such
refusal, and the impact of such refusal on European
refugees.
(B) A review of Federal refugee policy relating to
those fleeing persecution or genocide, including
recommendations for making it easier for future victims
of persecution or genocide to obtain refuge in the
United States.
(c) Field Hearings.--The Commission shall hold public hearings in
such cities of the United States as it deems appropriate.
(d) Report.--The Commission shall submit a written report of its
findings and recommendations to Congress not later than 18 months after
the date of the first meeting called pursuant to section 4(e).
SEC. 6. POWERS OF THE COMMISSION.
(a) In General.--The Commission or, on the authorization of the
Commission, any subcommittee or member thereof, may, for the purpose of
carrying out the provisions of this Act, hold such hearings and sit and
act at such times and places, and request the attendance and testimony
of such witnesses and the production of such books, records,
correspondence, memorandum, papers, and documents as the Commission or
such subcommittee or member may deem advisable. The Commission may
request the Attorney General to invoke the aid of an appropriate United
States district court to require, by subpoena or otherwise, such
attendance, testimony, or production.
(b) Government Information and Cooperation.--The Commission may
acquire directly from the head of any department, agency, independent
instrumentality, or other authority of the executive branch of the
Government, available information that the Commission considers useful
in the discharge of its duties. All departments, agencies, and
independent instrumentalities, or other authorities of the executive
branch of the Government shall cooperate with the Commission and
furnish all information requested by the Commission to the extent
permitted by law, including information collected as a result of Public
Law 96-317 and Public Law 106-451. For purposes of the Privacy Act (5
U.S.C. 552a(b)(9)), the Commission shall be deemed to be a committee of
jurisdiction.
SEC. 7. ADMINISTRATIVE PROVISIONS.
The Commission is authorized to--
(1) appoint and fix the compensation of such personnel as
may be necessary, without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that the
compensation of any employee of the Commission may not exceed a
rate equivalent to the rate payable under GS-15 of the General
Schedule under section 5332 of such title;
(2) obtain the services of experts and consultants in
accordance with the provisions of section 3109 of such title;
(3) obtain the detail of any Federal Government employee,
and such detail shall be without reimbursement or interruption
or loss of civil service status or privilege;
(4) enter into agreements with the Administrator of General
Services for procurement of necessary financial and
administrative services, for which payment shall be made by
reimbursement from funds of the Commission in such amounts as
may be agreed upon by the Chairman of the Commission and the
Administrator;
(5) procure supplies, services, and property by contract in
accordance with applicable laws and regulations and to the
extent or in such amounts as are provided in appropriation
Acts; and
(6) enter into contracts with Federal or State agencies,
private firms, institutions, and agencies for the conduct of
research or surveys, the preparation of reports, and other
activities necessary to the discharge of the duties of the
Commission, to the extent or in such amounts as are provided in
appropriation Acts.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
From funds currently authorized to the Department of Justice, there
are authorized to be appropriated not to exceed $850,000 to carry out
the purposes of this Act.
SEC. 9. SUNSET.
The Commission shall terminate 60 days after it submits its report
to Congress.
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