[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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