[Congressional Record Volume 144, Number 73 (Tuesday, June 9, 1998)]
[House]
[Pages H4267-H4273]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1630
              U.S. HOLOCAUST ASSETS COMMISSION ACT OF 1998

  Mr. LEACH. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3662) 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 amended.
  The Clerk read as follows:

                               H.R. 3662

       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 21 
     members, appointed in accordance with paragraph (2).
       (2) Appointments.--Of the 21 members of the Commission--
       (A) 8 shall be private citizens, appointed by the 
     President;
       (B) 4 shall be representatives of the Department of State, 
     the Department of Justice, the Department of the Army, 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).

[[Page H4268]]

       (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.--11 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 a 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 and 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 governmental 
     institutions 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, including gold bullion, monetary gold, or similar 
     assets in the possession of or under the control of the Board 
     of Governors of the Federal Reserve System or any Federal 
     reserve bank;
       (B) gems, jewelry, and nongold 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 being undertaken by, 
     private individuals, private entities, or government 
     entities, whether domestic or foreign.
       (4) Insurance policies.--
       (A) In general.--In carrying out its duties under this Act, 
     the Commission shall take note of the work of the National 
     Association of Insurance Commissioners with regard to 
     Holocaust-era insurance issues and shall encourage the 
     National Association of Insurance Commissioners to prepare a 
     report on the Holocaust-related claims practices of all 
     insurance companies, both domestic and foreign, doing 
     business in the United States at any time after January 30, 
     1933, that issued any individual life, health, or property-
     casualty insurance policy to any individual on any list of 
     Holocaust victims, including the following lists:
       (i) The list maintained by the United States Holocaust 
     Memorial Museum in Washington, D.C., of Jewish Holocaust 
     survivors.
       (ii) The list maintained by the Yad Vashem Holocaust 
     Memorial Authority in its Hall of Names of individuals who 
     died in the Holocaust.
       (B) Information to be included.--The report on insurance 
     companies prepared pursuant to subparagraph (A) should 
     include the following, to the degree the information is 
     available:
       (i) The number of policies issued by each company to 
     individuals described in such subparagraph.
       (ii) The value of each policy at the time of issue.
       (iii) The total number of policies, and the dollar amount, 
     that have been paid out.
       (iv) The total present-day value of assets in the United 
     States of each company.
       (C) Coordination.--The Commission shall coordinate its work 
     on insurance issues with that of the international Washington 
     Conference on Holocaust-Era Assets, to be convened by the 
     Department of State and the United States Holocaust Memorial 
     Council.
       (b) Comprehensive Review of Other Research.--Upon receiving 
     permission from any relevant individuals or entities, the 
     Commission shall review comprehensively any 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.
       (e) Administrative Services.--For the purposes of obtaining 
     administrative services necessary to carry out the purposes 
     of this Act, including the leasing of real property for use 
     by the Commission as an office, the Commission shall have the 
     power to--
       (1) enter into contracts and modify, or consent to the 
     modification of, any contract or agreement to which the 
     Commission is a party; and
       (2) acquire, hold, lease, maintain, or dispose of real and 
     personal 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

[[Page H4269]]

       (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 83, 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, on a reimbursable 
     basis, 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 that 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. ADMINISTRATIVE SUPPORT SERVICES.

       Upon the request of the Commission, the Administrator of 
     General Services shall provide to the Commission, on a 
     reimbursable basis, the administrative support services 
     necessary for the Commission to carry out its 
     responsibilities under this Act.

     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. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated not more than 
     $3,500,000, in total, for the interagency funding of 
     activities of the Commission under this Act for fiscal years 
     1998, 1999, and 2000, of which, notwithstanding section 1346 
     of title 31, United States Code, and section 611 of the 
     Treasury and General Government Appropriations Act, 1998, 
     $537,000 shall be made available in equal amounts from funds 
     made available for fiscal year 1998 to the Departments of 
     Justice, State, and the Army that are otherwise unobligated. 
     Funds made available to the Commission pursuant to this 
     section shall remain available for obligation until December 
     31, 1999.

  The SPEAKER pro tempore (Mr. Stearns). Pursuant to the rule, the 
gentleman from Iowa (Mr. Leach) and the gentleman from New York (Mr. 
LaFalce) each will control 20 minutes.
  The Chair recognizes the gentleman from Iowa (Mr. Leach).
  Mr. LEACH. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. LEACHh asked and was given permission to revise and extend his 
remarks.)
  Mr. LEACH. Mr. Speaker, I rise today in support of H.R. 3662, the 
United States Holocaust Assets Commission Act. The legislation enjoys 
broad bipartisan support, as well as the endorsement of the 
administration.
  For nearly 3 years Congress and the administration have sought 
answers to questions about Nazi transactions and holdings in 
Switzerland and other neutral or occupied countries during World War 
II. The Committee on Banking and Financial Services has held a series 
of comprehensive hearings, really historical inquiries, on these 
issues. The research, including two interagency reports on U.S. and 
allied efforts to recover Nazi-plundered gold and other assets, 
revealed a broad pattern of neglect and denial of the truth.
  The latest hearing, held last week, included thoughtful testimony 
from Under Secretary of State Stuart Eizenstat on the second of these 
interagency reports, which further documented the role of certain 
neutral countries in World War II.
  Neutrality in the face of evil and on a personal and collective level 
is worthy of review by citizens of any age, particularly this one, 
where human relations had become complicated by unprecedentedly 
inventive instruments of war. If we as legislators are to discharge our 
public duties responsibly, we must develop an understanding of the evil 
of the Holocaust, and how many countries, including our own, responded 
at a time civilization was so violently challenged.
  In the process of preparing reports on others, the United States has 
an obligation to look at its own record during the war. We have reason 
to take pride in the great sacrifices of American Armed Forces in 
combatting the Wehrmacht, but we also must remember that we did not 
open our doors to Jewish refugees during the war, even after our 
leadership had learned that Hitler had marked European Jews for 
extermination. We accepted only 21,000 Jewish refugees during the war, 
fewer than Switzerland in absolute terms, and fewer per capita than 
most other neutral countries.
  In this context, one of the issues which remains unresolved and which 
H.R. 3662 is specifically designed to address is that of assets of 
Holocaust victims which may have been located in the United States. In 
the years following World War II, Congress recognized that some of the 
assets held in this country under nominal German or Swiss ownership 
may, in fact, have belonged to Jewish victims of the Holocaust who sent 
their assets abroad for safekeeping.
  For that reason Congress, 35 years ago, authorized up to $3 million 
in claims for such heirless assets to provide relief and rehabilitation 
for needy Holocaust survivors. However, the political difficulties 
associated with such a commitment led Congress ultimately to settle on 
a $500,000 contribution. Although the document record and asset 
ownership was and still is sparse, it is likely that heirless assets in 
the U.S. were worth more than the 1962 settlement figure.
  Today we have the opportunity to approve legislation which will 
resolve this question. It is fitting for the United States to undertake 
this task and practice what it preaches to others. To date, more than a 
dozen countries, including Switzerland, have formed historical 
committees or commissions to study their role and attitudes during the 
war period. H.R. 3662 would bring the United States into parity with 
other nations by creating a similar body.
  The commission proposed under this bill would be composed of 21 
individuals, including 8 Members of the House and Senate. Their mandate 
and responsibility would be to research and determine what happened to 
any Holocaust victims' assets that came under Federal Government 
control after January 30, 1933, the day Hitler came to power in 
Germany. The assets would be defined broadly to include everything from 
bank accounts and securities to real estate and rare books.
  The commission would report its findings to the President and the 
Congress no later than December 31, 1999, with a goal as we enter the 
new millennium of helping to bring one of the darkest chapters in human 
history to a compassionate closure.
  Moral quandaries are central to restitution issues. As one of our 
hearing witnesses, Professor Leora Baznitzky, noted, the Nazis robbed 
Holocaust victims not only of their possessions and lives, but also 
their memories of their existence on this earth.

[[Page H4270]]

  Another witness, Professor Mark Larrimore, underlined this point. The 
map, he observed, with the help of which we try to orient ourselves as 
human beings, trying to live good and decent lives, is a map with 
Auschwitz on it. Inquiries into the nature of evil and how to behave in 
the face of it are not the normal stuff of governmental review.
  In this case, however, such questions are relevant not only to the 
behavior of all countries involved in World War II, including our own, 
but to the question of establishing retrospective justice, and the 
broader responsibility of each generation of leadership to learn from 
the past.
  Our century has been indelibly marked by the Holocaust, and our 
perception of human nature has been profoundly altered by it. It is 
imperative that every credible review effort be undertaken, of which 
this is one. Accordingly, I urge my colleagues to give this legislation 
broad bipartisan support.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LaFALCE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, on June 4, 1998, the Committee on Banking and Financial 
Services reported H.R. 3662 by voice vote. The bill allows the United 
States to continue its leadership in uncovering the truth about the 
disposition of Holocaust assets during and following World War II. This 
bill mirrors closely Senate 1900, which was passed unanimously by the 
Senate on May 1.
  The Holocaust Assets Commission Act would establish a commission 
comprised of Members of Congress from the House and Senate, 
representatives from the executive branch, and private citizens to 
research archived documents and investigate the disposition of 
Holocaust-related assets in the United States.
  The commission would create a historical record that is both 
necessary and overdue. There are more than 350,000 Holocaust survivors, 
and approximately 100,000 live in the United States. It is important 
for those survivors living in the United States to know and understand 
the extent of assets that may have come under control of the United 
States or within United States borders.
  Mr. Speaker, the United States has already demonstrated outstanding 
leadership through Under Secretary of State Stuart Eizenstat, who has 
directed two groundbreaking studies on the disposition of Holocaust 
assets. The first was released in May of 1997 and revealed the extent 
of looted gold flowing to and through Switzerland from Germany, along 
with evidence that some of that gold was stolen from Holocaust victims.
  The second report, released last week, showed the extent of 
involvement of the so-called neutral countries in supporting the Nazi 
war machine by providing essential war materials. In the process, these 
neutral countries filled their reserves with tons of gold. Yet, Under 
Secretary Eizenstat's report also reveals the complexity of the neutral 
countries' activities and their support of the Allies' activities, and 
their acceptance of thousands of Jewish refugees.
  I cite these two reports to demonstrate the unwavering commitment of 
the United States to uncover the truth about Holocaust-related assets 
and the role of various countries during this Nazi period.
  Since the United States began its investigations into the disposition 
of gold and other assets, several countries have established 
commissions and committees to do similar research. Among these are 
Switzerland, the United Kingdom, France, Belgium, Canada, the 
Netherlands, Norway, Sweden, Portugal, Spain, Argentina, Turkey, and 
Croatia. The United States must do no less.
  Under Secretary Eizenstat's efforts and reports have spawned 
considerable worldwide effort to reveal the truth. Discoveries are made 
monthly about previously unknown accounts and about activities on the 
part of banks and insurance companies. Class action lawsuits have been 
filed, and framework agreements and negotiations have begun between 
commercial banks and the aggrieved parties.
  The establishment of a U.S. commission to investigate the disposition 
of Holocaust assets in the United States is the logical and necessary 
next step to uncovering the truth and righting past wrongs.
  Mr. Speaker, I urge support of H.R. 3662, and urge each of my 
colleagues to do the same. It is the right thing to do, and it is 
important that we do so now.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LEACH. Mr. Speaker, I yield 5 minutes to my good friend, the 
gentleman from New York (Mr. Gilman), a distinguished cosponsor of this 
particular bill.
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Mr. Speaker, I thank the gentleman for yielding me the 
time.
  Mr. Speaker, I want to take this opportunity to commend our 
distinguished chairman of the Committee on Banking and Financial 
Services, the gentleman from Iowa (Mr. Leach), who is also a senior 
member of our Committee on International Relations, for his ongoing 
leadership on this issue of Holocaust-era assets in Swiss banks, and 
his ranking member, the gentleman from New York (Mr. LaFalce).
  Having worked with the gentleman from Iowa (Mr. Leach), Under 
Secretary of State Stuart Eizenstat, and the World Jewish Congress to 
resolve existing concerns, I am pleased to be able to support H.R. 
3663, creating this U.S.-Holocaust Assets Commission.
  In the past few years hearings, meetings, conferences, and 
negotiations have tried to reconstruct what happened to the assets of 
Jewish victims and others during the Holocaust period. As the gentleman 
from Iowa (Chairman Leach) can attest, and as the gentleman from New 
York (Mr. LaFalce) has noted, the dam has burst, and information is 
starting to seep forth on a variety of topics.
  As a result, the disposition of Holocaust-era assets in our Nation 
needs to be reviewed as well. The proposed legislation seeks to empower 
a commission to discern the status of various types of Holocaust-era 
assets in our own Nation. These assets include gold, gems, jewelry, 
insurance policies, art books, manuscripts, religious objects, as well 
as bank accounts, domestic financial instruments, and real estate.
  The measure before us would create a U.S. Holocaust Assets 
Commission, also to be known as the Presidential Commission on 
Holocaust Assets in the United States. This commission would be charged 
with reviewing Holocaust-era assets in our Nation to search for similar 
gaps as have been found in Europe.
  The commission would be composed of private citizens, representatives 
of the Departments of State, Justice, and the Treasury, as well as 
Members of the House and Senate. The commission shall be charged with 
conducting a thorough study and developing a historical record in the 
collection and disposition of the assets that I have described.
  It shall determine whether our government came into the control of 
any of these assets any time after January, 1933, and to determine the 
disposition of those assets through hearings, meetings, and the 
collection of information from a wide variety of sources.
  I would like to note that the United States Mint is at West Point, in 
my district, or adjoining my district. I have been told there may very 
well be some gold bars that have been stored there that came out of 
that period of time, and I think that is worthwhile looking into.
  The legislation proposes that the commission shall then make 
recommendations to the President regarding any legislative or 
administrative actions that should be undertaken as a result of their 
inquiry.
  This commission is an important step in shedding much-needed light on 
what happened to billions of dollars of assets in the Holocaust era. 
Accordingly, I urge my colleagues to vote for the pending measure, and 
I want to commend the gentleman from Iowa (Mr. Leach) and the gentleman 
from New York (Mr. LaFalce), both of whom worked hard on this measure, 
and for bringing it to the floor at this time.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LaFALCE. Mr. Speaker, I yield 2 minutes to the gentleman from 
California (Mr. Filner).

[[Page H4271]]

                              {time}  1645

  Mr. FILNER. Mr. Speaker, I rise today in strong support of the U.S. 
Holocaust Assets Commission Act. I believe this legislation is the most 
logical and responsible way in which to respond to the growing 
international appeals to address and resolve the issue of the ill-
gotten bounty of the Holocaust.
  The United States Federal Government must honorably and accurately 
determine what, if any, assets of Holocaust victims came into its 
possession and control and their current location and status. Only 
then, with this precise accounting, can we go about the duty of 
deciding what actions are necessary and appropriate to find the 
rightful owners or heirs to these resources.
  The time is now to close this disturbing and unfinished chapter of 
one of the darkest periods in this century, and the U.S. Holocaust 
Assets Commission Act is the first step in the right direction toward 
achieving this just goal.
  Mr. LEACH. Mr. Speaker, I yield 5 minutes to the distinguished 
gentleman from Florida (Mr. Foley), who has worked so hard, 
particularly on related insurance issues and is an author of a 
principal part of this bill.
  Mr. FOLEY. Mr. Speaker, I thank the gentleman from New York (Chairman 
Leach) for introducing this important legislation. I would also like to 
thank him for his skillful grace and intellect in holding the hearings 
that could have been highly charged and obviously deeply emotional. 
Chairman Leach maintained decorum, a sense of calm, and a sense of 
purpose to resolve these critical issues.
  Mr. Speaker, that is why we are here today with H.R. 3662, 
legislation that will help locate and eventually return assets 
confiscated by the Nazis. I especially want to thank the gentleman for 
accepting an amendment I offered in the Committee on Banking and 
Financial Services concerning what is perhaps the most important 
Holocaust asset issue: confiscated insurance policies.
  At the end of World War II, many death camp survivors or their heirs 
attempted to collect on the insurance policies that were due. But 
because many of the policies had been paid out to the Nazis or because 
of the companies' unwillingness to honor the claims, there was no money 
for the rightful heirs.
  Over the years as information about the war came to light, the 
insurance companies' collusion with the Nazis became evident. Some 
companies, namely Allianz and Generali, attempted a small amount of 
restitution, but the vast amount of money owed the Holocaust survivors 
has never been paid.
  Today, many survivors and surviving heirs are still struggling to 
regain property that is rightfully theirs. Whether the property is in a 
Swiss bank or a life insurance policy, restitution must be made by the 
responsible parties and Congress must see that restitution takes place.
  The amendment I offered in the Committee on Banking and Financial 
Services will ensure that at least we will begin to get to the bottom 
of the unpaid insurance claims. Specifically, my amendment will direct 
the U.S. Holocaust Assets Commission to work with the National 
Association of Insurance Commissioners to list all insurance companies, 
both domestic and foreign, doing business in the United States at any 
time after January 30, 1933, that issued policies to any victim of the 
Holocaust. Included in the list will be the following information:
  The number of policies issued by each listed company;
  The value of the policies at the time of issue;
  The total number of policies and the dollar amount that have been 
paid out; and
  The present-day value of each listed company's United States assets.
  Mr. Speaker, I thank the gentleman from New York (Mr. Leach) for 
introducing the U.S. Holocaust Assets Commission Act, a bill that will 
help bring justice to the victims of the Holocaust. There is, however, 
another dynamic out of the jurisdiction of the legislation we are 
considering today that is also important to bring a full resolution to 
the problem of unpaid insurance claims.
  While private insurers must be held morally and financially 
accountable to their obligations to Holocaust survivors and their 
heirs, so must the former Eastern Bloc Communist countries who control 
a substantial amount of the financial assets we are discussing today.
  Following World War II, the Communists expropriated and nationalized 
insurance companies and their assets; countries whose governments, to 
this day, have not made an attempt to accept their responsibility in 
this situation.
  Consequently, I have introduced a House Resolution to ask the U.S. 
State Department to raise the issue of insurance monies held by the 
Governments of Poland, Hungary, and the Czech Republic which rightfully 
belong to the Holocaust survivors.
  Mr. Speaker, that is not a subject of today's debate. So I want to 
urge and ask my colleagues to strongly support H.R. 3662, and again 
thank the chairman, the gentleman from New York (Mr. Leach) and the 
gentleman from New York (Mr. LaFalce), the ranking member, for their 
hard work and efforts on this vital, important legislation on the floor 
today.
  Mr. LaFALCE. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. LEACH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, let me just say in conclusion that I want to thank the 
gentleman from New York (Mr. LaFalce), my good friend, for his co-
leadership of this issue and my two distinguished friends who have 
spoken today.
  Mrs. KENNELLY of Connecticut. Mr. Speaker, I rise in support of H.R. 
3662, the U.S. Holocaust Assets Commission Act. There is no possible 
way that we could ever right all the wrongs of the Holocaust, but this 
legislation will allow us to recover various lost articles. H.R. 3662 
would allocate 3.5 million dollars and all other privately received 
donations to examine the whereabouts of various assets lost during the 
World War II era.
  This bill calls for a comprehensive search among private and public 
groups allowing us to redouble the efforts which are needed to provide 
much needed information on irreplaceable items including jewelry, art 
work, manuscripts and religious documents, among with other insurance 
policies. The universal feelings of love, comfort, and understanding 
that we associate with possessions accumulated from our loved ones past 
have been previously denied to many Holocaust survivors and their loved 
ones. This legislation will enable hundreds the opportunity to delve 
into previously untouchable treasures of the heart.
  Six decades and more have passed since the confiscation of property 
began. We cannot return all that was lost, but we can try to return the 
hard-earned accounts, real estate and other such tangible items to 
their rightful owners.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore (Mr. Stearns). The question is on the motion 
offered by the gentleman from New York (Mr. Leach) that the House 
suspend the rules and pass the bill, H.R. 3662, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.
  Mr. LEACH. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate bill (S. 1900) to establish a commission to 
examine the 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, and ask for its immediate consideration.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  The Clerk read the Senate bill, 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'').

[[Page H4272]]

       (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 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.

[[Page H4273]]

       (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.

                      Motion Offered by Mr. Leach

  Mr. LEACH. Mr. Speaker, I offer a motion.
  The Clerk read as follows:
  Mr. Leach moves to strike out all after the enacting clause and 
insert in lieu thereof the provisions of H.R. 3662, as passed by the 
House.
  The motion was agreed to.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.
  A similar House bill, (H.R. 3662) was laid on the table.

                          ____________________