[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1691 Reported in Senate (RS)]






                                                       Calendar No. 309
108th CONGRESS
  1st Session
                                S. 1691

    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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 1, 2003

     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

                            October 16, 2003

                Reported by Mr. Hatch, without amendment

_______________________________________________________________________

                                 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.

    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 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 representing the interests of Italian Americans and 2 members 
representing the interests of German Americans.
    (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. 309

108th CONGRESS

  1st Session

                                S. 1691

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 16, 2003

                       Reported without amendment