[Congressional Record Volume 144, Number 40 (Wednesday, April 1, 1998)]
[Senate]
[Pages S2978-S2981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. D'AMATO (for himself, Ms. Moseley-Braun, Mr. Shelby, Mr. 
        Faircloth, Mr. Bennett, Mr. Hagel, Mr. Sarbanes, Mr. Dodd, Mr. 
        Kerry, Mr. Bryan, Mrs. Boxer, Mr. Reed, and Mr. DeWine):
  S. 1900. A bill to establish a commission to examine issues 
pertaining to the disposition of Holocaust-era assets in the United 
States before, during, and after World War II, and to make 
recommendations to the President on further action, and for other 
purposes; to the Committee on Banking, Housing, and Urban Affairs.


            the u.s. holocaust assets commission act of 1998

  Mr. D'AMATO. Mr. President, I rise today along with Senators Moseley-
Braun, Shelby, Faircloth, Bennett, Hagel, Sarbanes, Dodd, Kerry, Bryan, 
Boxer, Reed and DeWine to introduce the U.S. Holocaust Assets 
Commission Act of 1998. This legislation will create the ``Presidential 
Advisory Commission on Holocaust Assets in the United States,'' that 
will examine the disposition of assets of Holocaust victims, survivors, 
and heirs here in the United States.

  For two years now, I have worked closely with Ambassador Stuart 
Eizenstat who has labored tirelessly to close this difficult chapter of 
history in an honorable, speedy, and satisfactory manner. He cares 
passionately that the survivors receive justice and I could not agree 
more. I am pleased to say that the Administration fully supports this 
legislation and we have worked with them closely over the past four 
months to craft the language to bring this commission to reality.
  While we have sought answers from Switzerland and other nations on 
the disposition of dormant bank accounts and Nazi gold, we have not 
pursued the issue here in the United States. Today, we begin this 
search. Now we are obliged to set history straight and correct any 
injustices in our own country. The United States has a moral 
responsibility to address the same issues to which we have sought 
answers from Switzerland and other nations in Europe. The spirit of 
American decency demands no less.
  If we are to provide long overdue justice to Holocaust survivors and 
the heirs of the victims, we must do so as expeditiously as possible. 
Time is of the essence if we are going to provide the necessary 
restitution to this already aged and rapidly dwindling survivor 
community. Moreover, by creating this commission we establish even 
greater moral authority and diplomatic credibility with other nations 
from which we seek answers on these important questions. Thus far, 
twelve nations have already set up national commissions to look into 
these issues.
  With this legislation we will create a commisison that will seek to 
find the disposition of the following assets in this country: dormant 
bank accounts of Holocaust victims in U.S. banks; brokerage accounts, 
securities, & bonds; artwork & religious/cultural artifacts; German-
looted gold shipped to the U.S. through the Tripartite Gold Commission; 
and insurance policies.
  As far as funding is concerned, the Commission will be funded for 
$3.5 million, with the costs split by the interested agencies of the 
U.S. Government. The Commission will operate through December 31, 1999, 
the date its final report is due to the President.
  The Commission will comprise members appointed by both the Congress 
and the President, as well as private citizens who have demonstrated 
their leadership on issues relating to the financial community, public 
service, and the history of the Holocaust.

[[Page S2979]]

  Mr. President, we need this Commission. We must leave no stone 
unturned. If we are to fully examine the disposition of the assets of 
the victims of the Holocaust, we cannot ignore what happened in this 
country. While it is not within our power to change what happened 
during WWII, it is within our power to correct a historic wrong by 
providing answers to questions that have remained unanswered for over 
fifty years. If we do at least this much now, then we will provide a 
measure of comfort and justice for the survivors of the greatest evil 
mankind has ever known. I encourage my colleagues to join me in this 
legislation and I urge its speedy passage.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1900

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``U.S. Holocaust Assets 
     Commission Act of 1998''.

     SEC. 2. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a Presidential 
     Commission, to be known as the ``Presidential Advisory 
     Commission on Holocaust Assets in the United States'' 
     (hereafter in this Act referred to as the ``Commission'').
       (b) Membership.--
       (1) Number.--The Commission shall be composed of 23 
     members, appointed in accordance with paragraph (2).
       (2) Appointments.--Of the 23 members of the Commission--
       (A) 11 shall be private citizens, appointed by the 
     President;
       (B) 3 shall be representatives of the Department of State, 
     the Department of Justice, and the Department of the Treasury 
     (1 representative of each such Department), appointed by the 
     President;
       (C) 2 shall be Members of the House of Representatives, 
     appointed by the Speaker of the House of Representatives;
       (D) 2 shall be Members of the House of Representatives, 
     appointed by the Minority Leader of the House of 
     Representatives;
       (E) 2 shall be Members of the Senate, appointed by the 
     Majority Leader of the Senate;
       (F) 2 shall be Members of the Senate, appointed by the 
     Minority Leader of the Senate; and
       (G) 1 shall be the Chairperson of the United States 
     Holocaust Memorial Council.
       (3) Criteria for membership.--Each private citizen 
     appointed to the Commission shall be an individual who has a 
     record of demonstrated leadership on issues relating to the 
     Holocaust or in the fields of commerce, culture, or education 
     that would assist the Commission in analyzing the disposition 
     of the assets of Holocaust victims.
       (4) Advisory panels.--The Chairperson of the Commission 
     may, in the discretion of the Chairperson, establish advisory 
     panels to the Commission, including State or local officials, 
     representatives of organizations having an interest in the 
     work of the Commission, or others having expertise that is 
     relevant to the purposes of the Commission.
       (5) Date.--The appointments of the members of the 
     Commission shall be made not later than 90 days after the 
     date of enactment of this Act.
       (c) Chairperson.--The Chairperson of the Commission shall 
     be selected by the President from among the members of the 
     Commission appointed under subparagraph (A) or (B) of 
     subsection (b)(2).
       (d) Period of Appointment.--Members of the Commission shall 
     be appointed for the life of the Commission.
       (e) Vacancies.--Any vacancy in the membership of the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment.
       (f) Meetings.--The Commission shall meet at the call of the 
     Chairperson at any time after the date of appointment of the 
     Chairperson.
       (g) Quorum.--Thirteen of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold meetings.

     SEC. 3. DUTIES OF THE COMMISSION.

       (a) Original Research.--
       (1) In general.--Except as otherwise provided in paragraph 
     (3), the Commission shall conduct a thorough study and 
     develop an historical record of the collection and 
     disposition of the assets described in paragraph (2), if such 
     assets came into the possession or control of the Federal 
     Government at any time after January 30, 1933, either--
       (A) after having been obtained from victims of the 
     Holocaust by, on behalf of, or under authority of a 
     government referred to in subsection (c); or
       (B) because such assets were left unclaimed as the result 
     of actions taken by, on behalf of, or under authority of a 
     government referred to in subsection (c).
       (2) Types of assets.--Assets described in this paragraph 
     include--
       (A) gold;
       (B) gems, jewelry, and non-gold precious metals;
       (C) accounts in banks in the United States;
       (D) domestic financial instruments purchased before May 8, 
     1945 by individual victims of the Holocaust, whether recorded 
     in the name of the victim or in the name of a nominee, and 
     whether or not held in a brokerage account;
       (E) insurance policies and proceeds thereof;
       (F) real estate situated in the United States;
       (G) works of art; and
       (H) books, manuscripts, and religious objects.
       (3) Coordination of activities.--In carrying out its duties 
     under paragraph (1), the Commission shall, to the maximum 
     extent practicable, coordinate its activities with, and not 
     duplicate similar activities already or being undertaken by, 
     private individuals, private entities, or government 
     entities, whether domestic or foreign.
       (b) Comprehensive Review of Other Research.--Upon request 
     by the Commission and permission by the relevant individuals 
     or entities, the Commission shall review comprehensively 
     research by private individuals, private entities, and non-
     Federal government entities, whether domestic or foreign, 
     into the collection and disposition of the assets described 
     in subsection (a)(2), to the extent that such research 
     focuses on assets that came into the possession or control of 
     private individuals, private entities, or non-Federal 
     government entities within the United States at any time 
     after January 30, 1933, either--
       (1) after having been obtained from victims of the 
     Holocaust by, on behalf of, or under authority of a 
     government referred to in subsection (c); or
       (2) because such assets were left unclaimed as the result 
     of actions taken by, on behalf of, or under authority of a 
     government referred to in subsection (c).
       (c) Governments Included.--A government referred to in this 
     subsection includes, as in existence during the period 
     beginning on March 23, 1933, and ending on May 8, 1945--
       (1) the Nazi government of Germany;
       (2) any government in any area occupied by the military 
     forces of the Nazi government of Germany;
       (3) any government established with the assistance or 
     cooperation of the Nazi government of Germany; and
       (4) any government which was an ally of the Nazi government 
     of Germany.
       (d) Reports.--
       (1) Submission to the president.--Not later than December 
     31, 1999, the Commission shall submit a final report to the 
     President that shall contain any recommendations for such 
     legislative, administrative, or other action as it deems 
     necessary or appropriate. The Commission may submit interim 
     reports to the President as it deems appropriate.
       (2) Submission to the congress.--After receipt of the final 
     report under paragraph (1), the President shall submit to the 
     Congress any recommendations for legislative, administrative, 
     or other action that the President considers necessary or 
     appropriate.

     SEC. 4. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out this Act.
       (b) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out this Act. Upon request of the Chairperson of the 
     Commission, the head of any such department or agency shall 
     furnish such information to the Commission as expeditiously 
     as possible.
       (c) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (d) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.

     SEC. 5. COMMISSION PERSONNEL MATTERS.

       (a) Compensation.--No member of the Commission who is a 
     private citizen shall be compensated for service on the 
     Commission. All members of the Commission who are officers or 
     employees of the United States shall serve without 
     compensation in addition to that received for their services 
     as officers or employees of the United States.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (c) Executive Director, Deputy Executive Director, General 
     Counsel, and Other Staff.--
       (1) In general.--Not later than 90 days after the selection 
     of the Chairperson of the Commission under section 2, the 
     Chairperson shall, without regard to the civil service laws 
     and regulations, appoint an executive director, a deputy 
     executive director, and a general counsel of the Commission, 
     and such other additional personnel as may be necessary to 
     enable the Commission to perform its duties under this Act.
       (2) Qualifications.--The executive director, deputy 
     executive director, and general

[[Page S2980]]

     counsel of the Commission shall be appointed without regard 
     to political affiliation, and shall possess all necessary 
     security clearances for such positions.
       (3) Duties of executive director.--The executive director 
     of the Commission shall--
       (A) serve as principal liaison between the Commission and 
     other Government entities;
       (B) be responsible for the administration and coordination 
     of the review of records by the Commission; and
       (C) be responsible for coordinating all official activities 
     of the Commission.
       (4) Compensation.--The Chairperson of the Commission may 
     fix the compensation of the executive director, deputy 
     executive director, general counsel, and other personnel 
     employed by the Commission, without regard to the provisions 
     of chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates, except that--
       (A) the rate of pay for the executive director of the 
     Commission may not exceed the rate payable for level III of 
     the Executive Schedule under section 5314 of title 5, United 
     States Code; and
       (B) the rate of pay for the deputy executive director, the 
     general counsel of the Commission, and other Commission 
     personnel may not exceed the rate payable for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code.
       (5) Employee benefits.--
       (A) In general.--An employee of the Commission shall be an 
     employee for purposes of chapters 84, 85, 87, and 89 of title 
     5, United States Code, and service as an employee of the 
     Commission shall be service for purposes of such chapters.
       (B) Nonapplication to members.--This paragraph shall not 
     apply to a member of the Commission.
       (6) Office of personnel management.--The Office of 
     Personnel Management--
       (A) may promulgate regulations to apply the provisions 
     referred to under subsection (a) to employees of the 
     Commission; and
       (B) shall provide support services relating to--
       (i) the initial employment of employees of the Commission; 
     and
       (ii) other personnel needs of the Commission.
       (d) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement to the agency of that employee, and such detail 
     shall be without interruption or loss of civil service status 
     or privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     The Chairperson of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (f) Staff Qualifications.--Any person appointed to the 
     staff of or employed by the Commission shall be an individual 
     of integrity and impartiality.
       (g) Conditional Employment.--
       (1) In general.--The Commission may offer employment on a 
     conditional basis to a prospective employee pending the 
     completion of any necessary security clearance background 
     investigation. During the pendency of any such investigation, 
     the Commission shall ensure than such conditional employee is 
     not given and does not have access to or responsibility 
     involving classified or otherwise restricted material.
       (2) Termination.--If a person hired on a conditional basis 
     as described in paragraph (1) is denied or otherwise does not 
     qualify for all security clearances necessary for the 
     fulfillment of the responsibilities of that person as an 
     employee of the Commission, the Commission shall immediately 
     terminate the employment of that person with the Commission.
       (h) Expedited Security Clearance Procedures.--A candidate 
     for executive director or deputy executive director of the 
     Commission and any potential employee of the Commission 
     shall, to the maximum extent possible, be investigated or 
     otherwise evaluated for and granted, if applicable, any 
     necessary security clearances on an expedited basis.

     SEC. 6. SUPPORT SERVICES.

       During the 180-day period following the date of enactment 
     of this Act, the General Services Administration shall 
     provide administrative support services (including offices 
     and equipment) for the Commission.

     SEC. 7. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 90 days after the date on 
     which the Commission submits its final report under section 
     3.

     SEC. 8. MISCELLANEOUS PROVISIONS.

       (a) Inapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) does not apply to the 
     Commission.
       (b) Public Attendance.--To the maximum extent practicable, 
     each meeting of the Commission shall be open to members of 
     the public.

     SEC. 9. FUNDING OF COMMISSION.

       Notwithstanding section 1346 of title 31, United States 
     Code, or section 611 of the Treasury and General Government 
     Appropriations Act, 1998, of funds made available for fiscal 
     years 1998 and 1999 to the Departments of Justice, State, and 
     any other appropriate agency that are otherwise unobligated, 
     not more than $3,500,000 shall be available for the 
     interagency funding of activities of the Commission under 
     this Act. Funds made available to the Commission pursuant to 
     this section shall remain available for obligation until 
     December 31, 1999.

  Ms. MOSELEY-BRAUN. Mr. President, I am very proud to introduce this 
legislation along with my colleague, Chairman D'Amato. The 
establishment of this commission is the next logical step in the work 
we have been doing on this issue, and it is something that should have 
been done in 1948 rather than 1998.
  This bill will establish an independent Presidential Commission to 
comprehensively examine issues pertaining to the disposition of 
Holocaust assets in the United States before, during, and after World 
War II. It will investigate the disposition of Holocaust victims' 
assets in the United States, including but not limited to: dormant bank 
accounts, securities, bonds, insurance policies, artwork, and German-
looted gold shipped to the U.S. through the Tripartite Gold Commission, 
as revealed in the Eizenstat report. The Commission will issue reports, 
and make recommendations to the President on further action.
  The amount of assets the Commission finds is likely to be 
significantly smaller than that discovered in other countries, but 
there are certainly assets here. This matter even touches my hometown 
of Chicago. Currently, there is a dispute about the origins of a Degas 
pastel, ``Landscape with Smokestacks,'' owned by a trustee of the Art 
Institute of Chicago. Heirs of Freidrich and Louise Guttman, who were 
killed by the Nazis, are litigating this issue and expect to have a 
verdict later this spring.
  It is vitally important that the U.S. lead by example. As citizens of 
the world, we must ensure that all of the relevant financial 
transactions of this era are brought to light. Then, as now, those who 
enslave their own populations often try to use the international 
banking system to further their own illegitimate ends. We cannot fully 
avoid repeating the tragedies of history until we have entirely 
uncovered and have a full understanding of the past.
  We all have a responsibility to deal with the consequences of that 
horrific act, no matter how much time has passed, and no matter how 
much effort it takes. We have an obligation to ensure that the Swiss, 
and other neutral countries that played a role in hiding the stolen 
possessions of innocent Jewish families continue to work with the U.S. 
so that restitution is made. The vast majority of our work in the 
Committee focused on the actions of other countries, especially the 
Swiss banks. Now it is time to look in the mirror. In the Eizenstat 
report, released last year, we learned that the actions of the United 
States before, during and after the war were not all that could have 
been desired. I am saddened to learn that America did not work as hard 
as it could to ensure compensation for Holocaust survivors and other 
refugees, but I realize that the goal of that report was to unearth the 
truth, and that is what it has done, and what we will continue to do 
with the establishment of this Commission.
  Already, a dozen countries have formed similar commissions. This is 
due in no small part to the leadership role the United States has taken 
in searching for the truth. We would not have come this far without the 
commitment of the Clinton Administration, the efforts of the Senate 
Banking Committee and, especially, the tenaciousness of our Committee 
Chairman, Alfonse D'Amato.
  Over the past several years, the Banking Committee has held many 
hearings on the disposition of the assets of Holocaust victims. Each 
hearing has brought to light valuable but distressing information about 
events surrounding the tragedy that was the Holocaust. It has been over 
50 years since the nightmare of the Holocaust, during which, over 7 
million Jewish men women and children were stripped of their homes, 
businesses, their possessions, the very clothes off their backs and, 
ultimately, their lives--by a government that industrialized death and 
literally attempted to exterminate the Jewish people.
  We have made a tremendous step through our commitment to finding the 
truth. We must now commit to work together to do everything possible to 
put whatever assets belonging to victims or survivors into the proper

[[Page S2981]]

hands before it is too late. Time is of the essence. With the passing 
of each day, the few remaining Holocaust survivors continue to age and 
their numbers decrease. This is why it is imperative that we enact this 
legislation quickly and allow this commission to begin work as soon as 
possible.
  It will not be possible to track down every asset, but complete 
success is not required. What is required is that everyone who had a 
role in this tragedy does their best to right the wrongs that have been 
committed, and that they understand that much more than money is at 
stake.
                                 ______