[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1356 Reported in Senate (RS)]






                                                       Calendar No. 324
107th CONGRESS
  2d 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, Mr. Kennedy, and Mr. 
  Lieberman) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                             March 14, 2002

 Reported by Mr. Leahy, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Wartime Treatment of 
European Americans and Refugees Study Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Millions of European Americans served in the 
        armed forces and thousands sacrificed their lives in defense of 
        the United States.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) During world war ii.--The term ``during World 
        War II'' refers to the period between September 1, 1939, 
        through December 31, 1948.</DELETED>
        <DELETED>    (2) European americans.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Italian americans.--The term ``Italian 
                Americans'' refers to United States citizens and 
                permanent resident aliens of Italian 
                ancestry.</DELETED>
                <DELETED>    (C) German americans.--The term ``German 
                Americans'' refers to United States citizens and 
                permanent resident aliens of German ancestry.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. ESTABLISHMENT OF COMMISSION.</DELETED>

<DELETED>    (a) In General.--There is established the Commission on 
Wartime Treatment of European Americans and Refugees (referred to in 
this Act as the ``Commission'').</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) Five members shall be appointed by the 
        President.</DELETED>
        <DELETED>    (2) Three members shall be appointed by the 
        Speaker of the House of Representatives, in consultation with 
        the minority leader.</DELETED>
        <DELETED>    (3) Three members shall be appointed by the 
        majority leader of the Senate, in consultation with the 
        minority leader.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Quorum.--Six members of the Commission shall 
constitute a quorum, but a lesser number may hold hearings.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (h) Compensation.--</DELETED>
        <DELETED>    (1) In general.--Members of the Commission shall 
        serve without pay.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. DUTIES OF THE COMMISSION.</DELETED>

<DELETED>    (a) In General.--It shall be the duty of the Commission to 
review--</DELETED>
        <DELETED>    (1) the United States Government's wartime 
        treatment of European Americans and European Latin Americans as 
        provided in subsection (b)(1); and</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (b) Scope of Review.--</DELETED>
        <DELETED>    (1) European americans and european latin 
        americans.--The Commission's review shall include, but not be 
        limited to, the following:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (c) Field Hearings.--The Commission shall hold public 
hearings in such cities of the United States as it deems 
appropriate.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 6. POWERS OF THE COMMISSION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 7. ADMINISTRATIVE PROVISIONS.</DELETED>

<DELETED>    The Commission is authorized to--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) obtain the services of experts and consultants 
        in accordance with the provisions of section 3109 of such 
        title;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 9. SUNSET.</DELETED>

<DELETED>    The Commission shall terminate 60 days after it submits 
its report to Congress.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wartime Treatment Study Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) During World War II, the United States successfully 
        fought the spread of Nazism and fascism by Germany, Italy, and 
        Japan.
            (2) Nazi Germany persecuted and engaged in genocide against 
        Jews and certain other groups. By the end of the war, 6,000,000 
        Jews had perished at the hands of Nazi Germany. United States 
        Government policies, however, restricted entry to the United 
        States to Jewish and other refugees who sought safety from Nazi 
        persecution.
            (3) While we were at war, the United States treated the 
        Japanese American, German American, and Italian American 
        communities as suspect.
            (4) The United States Government should conduct an 
        independent review to assess fully and acknowledge these 
        actions. Congress has previously reviewed the United States 
        Government's wartime treatment of Japanese Americans through 
        the Commission on Wartime Relocation and Internment of 
        Civilians. An independent review of the treatment of German 
        Americans and Italian Americans and of Jewish refugees fleeing 
        persecution and genocide has not yet been undertaken.
            (5) 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.
            (6) 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.
            (7) 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.
            (8) Millions of European Americans served in the armed 
        forces and thousands sacrificed their lives in defense of the 
        United States.
            (9) 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.
            (10) Prior to and during World War II, the United States 
        restricted the entry of Jewish 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 Jewish refugees, 
        particularly those from Germany and Austria, who could gain 
        admittance to the United States.
            (11) Time is of the essence for the establishment of 
        commissions, 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 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.

     TITLE I--COMMISSION ON WARTIME TREATMENT OF EUROPEAN AMERICANS

SEC. 101. ESTABLISHMENT OF COMMISSION ON WARTIME TREATMENT OF EUROPEAN 
              AMERICANS.

    (a) In General.--There is established the Commission on Wartime 
Treatment of European Americans (referred to in this title as the 
``European American Commission'').
    (b) Membership.--The European American Commission shall be composed 
of 7 members, who shall be appointed not later than 90 days after the 
date of enactment of this Act as follows:
            (1) Three members shall be appointed by the President.
            (2) Two members shall be appointed by the Speaker of the 
        House of Representatives, in consultation with the minority 
        leader.
            (3) Two 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 European American Commission. A vacancy in the European American 
Commission shall not affect its powers, and shall be filled in the same 
manner in which the original appointment was made.
    (d) Representation.--The European American Commission shall include 
2 members from the Italian American community and 2 members from the 
German American community representing their wartime treatment 
interests.
    (e) Meetings.--The President shall call the first meeting of the 
European American Commission not later than 120 days after the date of 
enactment of this Act.
    (f) Quorum.--Four members of the European American Commission shall 
constitute a quorum, but a lesser number may hold hearings.
    (g) Chairman.--The European American 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 European American Commission.
    (h) Compensation.--
            (1) In general.--Members of the European American 
        Commission shall serve without pay.
            (2) Reimbursement of expenses.--All members of the European 
        American 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. 102. DUTIES OF THE EUROPEAN AMERICAN COMMISSION.

    (a) In General.--It shall be the duty of the European American 
Commission to review the United States Government's wartime treatment 
of European Americans and European Latin Americans as provided in 
subsection (b).
    (b) Scope of Review.--The European American Commission's review 
shall include the following:
            (1) A comprehensive review of the facts and circumstances 
        surrounding United States Government actions during World War 
        II that violated the civil liberties of European Americans and 
        European Latin Americans pursuant to the Alien Enemies Acts (50 
        U.S.C. 21-24), Presidential Proclamations 2526, 2527, 2655, 
        2662, Executive Orders 9066 and 9095, and any directive of the 
        United States Government 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.
            (2) A review of United States Government action with 
        respect to European Americans pursuant to the Alien Enemies 
        Acts (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.
            (3) 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 exchanged.
            (4) A recommendation of appropriate remedies, including how 
        civil liberties can be better protected during war, or an 
        actual, attempted, or threatened invasion or incursion, an 
        assessment of the continued viability of the Alien Enemies Acts 
        (50 U.S.C. 21-24), and public education programs related to the 
        United States Government's wartime treatment of European 
        Americans and European Latin Americans during World War II.
    (c) Field Hearings.--The European American Commission shall hold 
public hearings in such cities of the United States as it deems 
appropriate.
    (d) Report.--The European American 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 101(e).

SEC. 103. POWERS OF THE EUROPEAN AMERICAN COMMISSION.

    (a) In General.--The European American Commission or, on the 
authorization of the Commission, any subcommittee or member thereof, 
may, for the purpose of carrying out the provisions of this title, 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 
European American 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 European American 
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 
European American 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 European American Commission and furnish all 
information requested by the European American 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 European American Commission shall be deemed to 
be a committee of jurisdiction.

SEC. 104. ADMINISTRATIVE PROVISIONS.

    The European American 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. 105. AUTHORIZATION OF APPROPRIATIONS.

    From funds currently authorized to the Department of Justice, there 
are authorized to be appropriated not to exceed $500,000 to carry out 
the purposes of this title.

SEC. 106. SUNSET.

    The European American Commission shall terminate 60 days after it 
submits its report to Congress.

      TITLE II--COMMISSION ON WARTIME TREATMENT OF JEWISH REFUGEES

SEC. 201. ESTABLISHMENT OF COMMISSION ON WARTIME TREATMENT OF JEWISH 
              REFUGEES.

    (a) In General.--There is established the Commission on Wartime 
Treatment of Jewish Refugees (referred to in this title as the ``Jewish 
Refugee Commission'').
    (b) Membership.--The Jewish Refugee Commission shall be composed of 
7 members, who shall be appointed not later than 90 days after the date 
of enactment of this Act as follows:
            (1) Three members shall be appointed by the President.
            (2) Two members shall be appointed by the Speaker of the 
        House of Representatives, in consultation with the Minority 
        Leader.
            (3) Two 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 Jewish Refugee Commission. A vacancy in the Jewish Refugee 
Commission shall not affect its powers, and shall be filled in the same 
manner in which the original appointment was made.
    (d) Representation.--The Jewish Refugee Commission shall include 2 
members representing the interests of Jewish refugees.
    (e) Meetings.--The President shall call the first meeting of the 
Jewish Refugee Commission not later than 120 days after the date of 
enactment of this Act.
    (f) Quorum.--Four members of the Jewish Refugee Commission shall 
constitute a quorum, but a lesser number may hold hearings.
    (g) Chairman.--The Jewish Refugee 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 Jewish Refugee Commission.
    (h) Compensation.--
            (1) In general.--Members of the Jewish Refugee Commission 
        shall serve without pay.
            (2) Reimbursement of expenses.--All members of the Jewish 
        Refugee 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. 202. DUTIES OF THE JEWISH REFUGEE COMMISSION.

    (a) In General.--It shall be the duty of the Jewish Refugee 
Commission to review the United States Government's refusal to allow 
Jewish and other refugees fleeing persecution in Europe entry to the 
United States as provided in subsection (b).
    (b) Scope of Review.--The Jewish Refugee 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:
            (1) A review of the United States Government's refusal to 
        allow Jewish and other refugees fleeing persecution and 
        genocide entry to the United States, including a review of the 
        underlying rationale of the United States Government's decision 
        to refuse the Jewish and other 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 the refugees.
            (2) 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 Jewish Refugee Commission shall hold 
public hearings in such cities of the United States as it deems 
appropriate.
    (d) Report.--The Jewish Refugee 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 201(e).

SEC. 203. POWERS OF THE JEWISH REFUGEE COMMISSION.

    (a) In General.--The Jewish Refugee Commission or, on the 
authorization of the Commission, any subcommittee or member thereof, 
may, for the purpose of carrying out the provisions of this title, 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 
Jewish Refugee 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 Jewish Refugee 
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 
Jewish Refugee 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 Jewish Refugee Commission and furnish all 
information requested by the Jewish Refugee 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 Jewish Refugee Commission shall be deemed to be 
a committee of jurisdiction.

SEC. 204. ADMINISTRATIVE PROVISIONS.

    The Jewish Refugee 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. 205. AUTHORIZATION OF APPROPRIATIONS.

    From funds currently authorized to the Department of Justice, there 
are authorized to be appropriated not to exceed $500,000 to carry out 
the purposes of this title.

SEC. 206. SUNSET.

    The Jewish Refugee Commission shall terminate 60 days after it 
submits its report to Congress.
            Amend the title so as to read: ``A bill to establish 
        commissions to review the facts and circumstances surrounding 
        injustices suffered by European Americans, European Latin 
        Americans, and Jewish refugees during World War II.''.
                                                       Calendar No. 324

107th CONGRESS

  2d Session

                                S. 1356

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 14, 2002

 Reported by Mr. Leahy, with an amendment and an amendment to the title