[Congressional Record Volume 144, Number 52 (Friday, May 1, 1998)]
[Senate]
[Pages S4129-S4131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            THE U.S. HOLOCAUST ASSETS COMMISSION ACT OF 1998
                       D'AMATO AMENDMENT NO. 2335

  Mr. KYL (for Mr. D'Amato) proposed an amendment to the bill (S. 1900) 
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; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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 21 
     members, appointed in accordance with paragraph (2).
       (2) Appointments.--Of the 21 members of the Commission--
       (A) 9 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

[[Page S4130]]

     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.--Eleven 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, including the Board of Governors of the Federal 
     Reserve System or any Federal reserve bank, at any time after 
     January 30, 1933--
       (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);
       (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); or
       (C) in the case of assets consisting of gold bullion, 
     monetary gold, or similar assets, after such assets had been 
     obtained by the Nazi government of Germany from the central 
     bank or other governmental treasury in any area occupied by 
     the military forces of the Nazi government of Germany.
       (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;
       (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 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

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     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.

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