[Congressional Record Volume 149, Number 137 (Wednesday, October 1, 2003)]
[Senate]
[Pages S12278-S12281]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD (for himself, Mr. Grassley, Mr. Kennedy, and Mr. 
        Lieberman):
  S. 1691. A bill to establish commissions to review the facts and 
circumstances surrounding injustices suffered by European Americans, 
European Latin Americans, and Jewish refugees during World War II; to 
the Committee on the Judiciary.
  Mr. FEINGOLD. Mr. President, today I introduce the Wartime Treatment 
Study Act. This bill would create two fact-finding commissions: one 
commission to review the U.S. Government's treatment of German 
Americans, Italian Americans, and European Latin Americans during World 
War II and another commission to review the U.S. Government's treatment 
of Jewish refugees fleeing Nazi persecution during World War II. This 
bill is long overdue.
  I am very pleased that my distinguished colleagues, Senators 
Grassley, Kennedy, and Lieberman, have joined me as cosponsors of this 
important bill. I thank them for their support.
  The Allied victory in the Second World War was an American triumph, a 
triumph for freedom, justice, and human rights. The courage displayed 
by so many Americans, of all ethnic origins, should be a source of 
great pride for all Americans.
  But, as so many brave Americans fought against enemies in Europe and 
the Pacific, here, at home, the U.S. Government was curtailing the 
freedom of some of its own people. While, it is, of course, the right 
of every nation to protect itself during wartime, the U.S. Government 
must respect the basic freedoms for which so many Americans have given 
their lives to defend. War tests our principles and our values. And as 
our Nation's recent experience has shown, it is during times of war and 
conflict, when our fears are high and our principles are tested most, 
that we must be even more vigilant to guard against violations of the 
Constitution.
  Many Americans are aware of the fact that, during World War II, under 
the authority of Executive Order 9066, our Government forced more than 
100,000 ethnic Japanese from their homes into internment camps. 
Japanese Americans were forced to leave their homes, their livelihoods, 
and their communities and were held behind barbed wire and military 
guard by their own government. Through the work of the Commission on 
Wartime Relocation and Internment of Civilians created by Congress in 
1980, this shameful event finally received the official acknowledgement 
and condemnation it deserved. Under the Civil Liberties Act of 1988, 
people of Japanese ancestry who were subjected to relocation or 
internment later received an apology and reparations on behalf of the 
people of the United States.
  While I commend our Government for finally recognizing and 
apologizing for the mistreatment of Japanese Americans during World War 
II, I believe that it is time that the government also acknowledge the 
mistreatment experienced by many German Americans,

[[Page S12279]]

Italian Americans, and European Latin Americans, as well as Jewish 
refugees.
  The Wartime Treatment Study Act would create two independent, fact-
finding commissions to review this unfortunate history, so that 
Americans can understand why it happened and work to ensure that it 
never happens again. One commission will review the treatment by the 
U.S. Government of German Americans, Italian Americans, and other 
European Americans, as well as European Latin Americans, during World 
War II.
  I believe that most Americans are unaware that, as was the case with 
Japanese Americans, approximately 11,000 ethnic Germans, 3,200 ethnic 
Italians, and scores of Bulgarians, Hungarians, Romanians or other 
European Americans living in America were taken from their homes and 
placed in internment camps during World War II. We must learn from our 
history and explore why we turned on our fellow Americans and failed to 
protect basic freedoms.
  A second commission created by this bill will review the treatment by 
the U.S. Government of Jewish refugees who were fleeing Nazi 
persecution and genocide. We must review the facts and determine how 
our restrictive immigration policies failed to provide adequate safe 
harbor to Jewish refugees fleeing the persecution of Nazi Germany. The 
United States turned away thousands of refugees, delivering many 
refugees to their deaths at the hands of the Nazi regime.
  As I mentioned earlier, there has been a measure of justice for 
Japanese Americans who were denied their liberty and property. It is 
now time for the U.S. Government to complete an accounting of this 
period in our Nation's history. It is time to create independent, fact-
finding commissions to conduct a full and through review of the 
treatment of all European Americans, European Latin Americans, and 
Jewish refugees during World War II.
  Up to this point, there has been no justice for the thousands of 
German Americans, Italian Americans, and other European Americans who 
were branded ``enemy aliens'' and then taken from their homes, 
subjected to curfews, limited in their travel, deprived of their 
personal property, and, in the worst cases, placed in internment camps.
  There has been no justice for European Latin Americans who were 
shipped to the United States and sometimes repatriated or deported to 
hostile, war-torn European Axis powers, often in exchange for Americans 
being held in those countries.
  Finally, there has been no justice for the thousands of Jews, like 
those aboard the German vessel the St Louis, who sought refuge from 
hostile Nazi treatment but were callously turned away at America's 
shores.
  Although the injustices to European Americans, European Latin 
Americans, and Jewish refugees occurred fifty years ago, it is never 
too late for Americans to learn from these tragedies. We should never 
allow this part of our nation's history to repeat itself. And, while we 
should be proud of our Nation's triumph in World War II, we should not 
let that justifiable pride blind us to the treatment of some Americans 
by their own government.
  I urge my colleagues to join me in supporting the Wartime Treatment 
study Act. It is time for a full accounting of this tragic chapter in 
our Nation's history.
  I ask that the text of the Wartime Treatment Study Act be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1691

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) During World War II, the United States successfully 
     fought the spread of Nazism and fascism by Germany, Italy, 
     and Japan.
       (2) Nazi Germany persecuted and engaged in genocide against 
     Jews and certain other groups. By the end of the war, 
     6,000,000 Jews had perished at the hands of Nazi Germany. 
     United States Government policies, however, restricted entry 
     to the United States to Jewish and other refugees who sought 
     safety from Nazi persecution.
       (3) While we were at war, the United States treated the 
     Japanese American, German American, and Italian American 
     communities as suspect.
       (4) The United States Government should conduct an 
     independent review to assess fully and acknowledge these 
     actions. Congress has previously reviewed the United States 
     Government's wartime treatment of Japanese Americans through 
     the Commission on Wartime Relocation and Internment of 
     Civilians. An independent review of the treatment of German 
     Americans and Italian Americans and of Jewish refugees 
     fleeing persecution and genocide has not yet been undertaken.
       (5) During World War II, the United States Government 
     branded as ``enemy aliens'' more than 600,000 Italian-born 
     and 300,000 German-born United States resident aliens and 
     their families and required them to carry Certificates of 
     Identification, limited their travel, and seized their 
     personal property. At that time, these groups were the two 
     largest foreign-born groups in the United States.
       (6) During World War II, the United States Government 
     arrested, interned or otherwise detained thousands of 
     European Americans, some remaining in custody for years after 
     cessation of World War II hostilities, and repatriated, 
     exchanged, or deported European Americans, including 
     American-born children, to hostile, war-torn European Axis 
     nations, many to be exchanged for Americans held in those 
     nations.
       (7) Pursuant to a policy coordinated by the United States 
     with Latin American countries, many European Latin Americans, 
     including German and Austrian Jews, were captured, shipped to 
     the United States and interned. Many were later expatriated, 
     repatriated or deported to hostile, war-torn European Axis 
     nations during World War II, most to be exchanged for 
     Americans and Latin Americans held in those nations.
       (8) Millions of European Americans served in the armed 
     forces and thousands sacrificed their lives in defense of the 
     United States.
       (9) The wartime policies of the United States Government 
     were devastating to the Italian Americans and German American 
     communities, individuals and their families. The detrimental 
     effects are still being experienced.
       (10) Prior to and during World War II, the United States 
     restricted the entry of Jewish refugees who were fleeing 
     persecution and sought safety in the United States. During 
     the 1930's and 1940's, the quota system, immigration 
     regulations, visa requirements, and the time required to 
     process visa applications affected the number of Jewish 
     refugees, particularly those from Germany and Austria, who 
     could gain admittance to the United States.
       (11) Time is of the essence for the establishment of 
     commissions, because of the increasing danger of destruction 
     and loss of relevant documents, the advanced age of potential 
     witnesses and, most importantly, the advanced age of those 
     affected by the United States Government's policies. Many who 
     suffered have already passed away and will never know of this 
     effort.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) During world war ii.--The term ``during World War II'' 
     refers to the period between September 1, 1939, through 
     December 31, 1948.
       (2) European americans.--
       (A) In general.--The term ``European Americans'' refers to 
     United States citizens and permanent resident aliens of 
     European ancestry, including Italian Americans, German 
     Americans, Hungarian Americans, Romanian Americans, and 
     Bulgarian Americans.
       (B) Italian americans.--The term ``Italian Americans'' 
     refers to United States citizens and permanent resident 
     aliens of Italian ancestry.
       (C) German americans.--The term ``German Americans'' refers 
     to United States citizens and permanent resident aliens of 
     German ancestry.
       (3) European latin americans.--The term ``European Latin 
     Americans'' refers to persons of European ancestry, including 
     Italian or German ancestry, residing in a Latin American 
     nation during World War II.

     TITLE I--COMMISSION ON WARTIME TREATMENT OF EUROPEAN AMERICANS

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

       (a) In General.--There is established the Commission on 
     Wartime Treatment of European Americans (referred to in this 
     title as the ``European American Commission'').
       (b) Membership.--The European American Commission shall be 
     composed of 7 members, who shall be appointed not later than 
     90 days after the date of enactment of this Act as follows:
       (1) Three members shall be appointed by the President.
       (2) Two members shall be appointed by the Speaker of the 
     House of Representatives, in consultation with the minority 
     leader.
       (3) Two members shall be appointed by the majority leader 
     of the Senate, in consultation with the minority leader.
       (c) Terms.--The term of office for members shall be for the 
     life of the European American Commission. A vacancy in the 
     European American Commission shall not affect its powers, and 
     shall be filled in the same manner in which the original 
     appointment was made.

[[Page S12280]]

       (d) Representation.--The European American Commission shall 
     include 2 members representing the interests of Italian 
     Americans and 2 members representing the interests of German 
     Americans.
       (e) Meetings.--The President shall call the first meeting 
     of the European American Commission not later than 120 days 
     after the date of enactment of this Act.
       (f) Quorum.--Four members of the European American 
     Commission shall constitute a quorum, but a lesser number may 
     hold hearings.
       (g) Chairman.--The European American Commission shall elect 
     a Chairman and Vice Chairman from among its members. The term 
     of office of each shall be for the life of the European 
     American Commission.
       (h) Compensation.--
       (1) In general.--Members of the European American 
     Commission shall serve without pay.
       (2) Reimbursement of expenses.--All members of the European 
     American Commission shall be reimbursed for reasonable travel 
     and subsistence, and other reasonable and necessary expenses 
     incurred by them in the performance of their duties.

     SEC. 102. DUTIES OF THE EUROPEAN AMERICAN COMMISSION.

       (a) In General.--It shall be the duty of the European 
     American Commission to review the United States Government's 
     wartime treatment of European Americans and European Latin 
     Americans as provided in subsection (b).
       (b) Scope of Review.--The European American Commission's 
     review shall include the following:
       (1) A comprehensive review of the facts and circumstances 
     surrounding United States Government actions during World War 
     II that violated the civil liberties of European Americans 
     and European Latin Americans pursuant to the Alien Enemies 
     Acts (50 U.S.C. 21-24), Presidential Proclamations 2526, 
     2527, 2655, 2662, Executive Orders 9066 and 9095, and any 
     directive of the United States Government pursuant to such 
     law, proclamations, or executive orders respecting the 
     registration, arrest, exclusion, internment, exchange, or 
     deportment of European Americans and European Latin 
     Americans. This review shall include an assessment of the 
     underlying rationale of the United States Government's 
     decision to develop related programs and policies, the 
     information the United States Government received or acquired 
     suggesting the related programs and policies were necessary, 
     the perceived benefit of enacting such programs and policies, 
     and the immediate and long-term impact of such programs and 
     policies on European Americans and European Latin Americans 
     and their communities.
       (2) A review of United States Government action with 
     respect to European Americans pursuant to the Alien Enemies 
     Acts (50 U.S.C. 21-24) and Executive Order 9066 during World 
     War II, including registration requirements, travel and 
     property restrictions, establishment of restricted areas, 
     raids, arrests, internment, exclusion, policies relating to 
     the families and property that excludees and internees were 
     forced to abandon, internee employment by American companies 
     (including a list of such companies and the terms and type of 
     employment), exchange, repatriation, and deportment, and the 
     immediate and long-term effect of such actions, particularly 
     internment, on the lives of those affected. This review shall 
     include a list of all temporary detention and long-term 
     internment facilities.
       (3) A brief review of the participation by European 
     Americans in the United States Armed Forces including the 
     participation of European Americans whose families were 
     excluded, interned, repatriated, or exchanged.
       (4) A recommendation of appropriate remedies, including how 
     civil liberties can be better protected during war, or an 
     actual, attempted, or threatened invasion or incursion, an 
     assessment of the continued viability of the Alien Enemies 
     Acts (50 U.S.C. 21-24), and public education programs related 
     to the United States Government's wartime treatment of 
     European Americans and European Latin Americans during World 
     War II.
       (c) Field Hearings.--The European American Commission shall 
     hold public hearings in such cities of the United States as 
     it deems appropriate.
       (d) Report.--The European American Commission shall submit 
     a written report of its findings and recommendations to 
     Congress not later than 18 months after the date of the first 
     meeting called pursuant to section 101(e).

     SEC. 103. POWERS OF THE EUROPEAN AMERICAN COMMISSION.

       (a) In General.--The European American Commission or, on 
     the authorization of the Commission, any subcommittee or 
     member thereof, may, for the purpose of carrying out the 
     provisions of this title, hold such hearings and sit and act 
     at such times and places, and request the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memorandum, papers, and documents as 
     the Commission or such subcommittee or member may deem 
     advisable. The European American Commission may request the 
     Attorney General to invoke the aid of an appropriate United 
     States district court to require, by subpoena or otherwise, 
     such attendance, testimony, or production.
       (b) Government Information and Cooperation.--The European 
     American Commission may acquire directly from the head of any 
     department, agency, independent instrumentality, or other 
     authority of the executive branch of the Government, 
     available information that the European American Commission 
     considers useful in the discharge of its duties. All 
     departments, agencies, and independent instrumentalities, or 
     other authorities of the executive branch of the Government 
     shall cooperate with the European American Commission and 
     furnish all information requested by the European American 
     Commission to the extent permitted by law, including 
     information collected as a result of Public Law 96-317 and 
     Public Law 106-451. For purposes of the Privacy Act (5 U.S.C. 
     552a(b)(9)), the European American Commission shall be deemed 
     to be a committee of jurisdiction.

     SEC. 104. ADMINISTRATIVE PROVISIONS.

       The European American Commission is authorized to--
       (1) appoint and fix the compensation of such personnel as 
     may be necessary, without regard to the provisions of title 
     5, United States Code, governing appointments in the 
     competitive service, and without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates, 
     except that the compensation of any employee of the 
     Commission may not exceed a rate equivalent to the rate 
     payable under GS-15 of the General Schedule under section 
     5332 of such title;
       (2) obtain the services of experts and consultants in 
     accordance with the provisions of section 3109 of such title;
       (3) obtain the detail of any Federal Government employee, 
     and such detail shall be without reimbursement or 
     interruption or loss of civil service status or privilege;
       (4) enter into agreements with the Administrator of General 
     Services for procurement of necessary financial and 
     administrative services, for which payment shall be made by 
     reimbursement from funds of the Commission in such amounts as 
     may be agreed upon by the Chairman of the Commission and the 
     Administrator;
       (5) procure supplies, services, and property by contract in 
     accordance with applicable laws and regulations and to the 
     extent or in such amounts as are provided in appropriation 
     Acts; and
       (6) enter into contracts with Federal or State agencies, 
     private firms, institutions, and agencies for the conduct of 
     research or surveys, the preparation of reports, and other 
     activities necessary to the discharge of the duties of the 
     Commission, to the extent or in such amounts as are provided 
     in appropriation Acts.

     SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 106. SUNSET.

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

      TITLE II--COMMISSION ON WARTIME TREATMENT OF JEWISH REFUGEES

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

       (a) In General.--There is established the Commission on 
     Wartime Treatment of Jewish Refugees (referred to in this 
     title as the ``Jewish Refugee Commission'').
       (b) Membership.--The Jewish Refugee Commission shall be 
     composed of 7 members, who shall be appointed not later than 
     90 days after the date of enactment of this Act as follows:
       (1) Three members shall be appointed by the President.
       (2) Two members shall be appointed by the Speaker of the 
     House of Representatives, in consultation with the Minority 
     Leader.
       (3) Two members shall be appointed by the Majority Leader 
     of the Senate, in consultation with the minority leader.
       (c) Terms.--The term of office for members shall be for the 
     life of the Jewish Refugee Commission. A vacancy in the 
     Jewish Refugee Commission shall not affect its powers, and 
     shall be filled in the same manner in which the original 
     appointment was made.
       (d) Representation.--The Jewish Refugee Commission shall 
     include 2 members representing the interests of Jewish 
     refugees.
       (e) Meetings.--The President shall call the first meeting 
     of the Jewish Refugee Commission not later than 120 days 
     after the date of enactment of this Act.
       (f) Quorum.--Four members of the Jewish Refugee Commission 
     shall constitute a quorum, but a lesser number may hold 
     hearings.
       (g) Chairman.--The Jewish Refugee Commission shall elect a 
     Chairman and Vice Chairman from among its members. The term 
     of office of each shall be for the life of the Jewish Refugee 
     Commission.
       (h) Compensation.--
       (1) In general.--Members of the Jewish Refugee Commission 
     shall serve without pay.
       (2) Reimbursement of expenses.--All members of the Jewish 
     Refugee Commission shall be reimbursed for reasonable travel 
     and subsistence, and other reasonable and necessary expenses 
     incurred by them in the performance of their duties.

     SEC. 202. DUTIES OF THE JEWISH REFUGEE COMMISSION.

       (a) In General.--It shall be the duty of the Jewish Refugee 
     Commission to review the United States Government's refusal 
     to allow Jewish and other refugees fleeing persecution in 
     Europe entry to the United States as provided in subsection 
     (b).

[[Page S12281]]

       (b) Scope of Review.--The Jewish Refugee Commission's 
     review shall cover the period between January 1, 1933, 
     through December 31, 1945, and shall include, to the greatest 
     extent practicable, the following:
       (1) A review of the United States Government's refusal to 
     allow Jewish and other refugees fleeing persecution and 
     genocide entry to the United States, including a review of 
     the underlying rationale of the United States Government's 
     decision to refuse the Jewish and other refugees entry, the 
     information the United States Government received or acquired 
     suggesting such refusal was necessary, the perceived benefit 
     of such refusal, and the impact of such refusal on the 
     refugees.
       (2) A review of Federal refugee policy relating to those 
     fleeing persecution or genocide, including recommendations 
     for making it easier for future victims of persecution or 
     genocide to obtain refuge in the United States.
       (c) Field Hearings.--The Jewish Refugee Commission shall 
     hold public hearings in such cities of the United States as 
     it deems appropriate.
       (d) Report.--The Jewish Refugee Commission shall submit a 
     written report of its findings and recommendations to 
     Congress not later than 18 months after the date of the first 
     meeting called pursuant to section 201(e).

     SEC. 203. POWERS OF THE JEWISH REFUGEE COMMISSION.

       (a) In General.--The Jewish Refugee Commission or, on the 
     authorization of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out the provisions 
     of this title, hold such hearings and sit and act at such 
     times and places, and request the attendance and testimony of 
     such witnesses and the production of such books, records, 
     correspondence, memorandum, papers, and documents as the 
     Commission or such subcommittee or member may deem advisable. 
     The Jewish Refugee Commission may request the Attorney 
     General to invoke the aid of an appropriate United States 
     district court to require, by subpoena or otherwise, such 
     attendance, testimony, or production.
       (b) Government Information and Cooperation.--The Jewish 
     Refugee Commission may acquire directly from the head of any 
     department, agency, independent instrumentality, or other 
     authority of the executive branch of the Government, 
     available information that the Jewish Refugee Commission 
     considers useful in the discharge of its duties. All 
     departments, agencies, and independent instrumentalities, or 
     other authorities of the executive branch of the Government 
     shall cooperate with the Jewish Refugee Commission and 
     furnish all information requested by the Jewish Refugee 
     Commission to the extent permitted by law, including 
     information collected as a result of Public Law 96-317 and 
     Public Law 106-451. For purposes of the Privacy Act (5 U.S.C. 
     552a(b)(9)), the Jewish Refugee Commission shall be deemed to 
     be a committee of jurisdiction.

     SEC. 204. ADMINISTRATIVE PROVISIONS.

       The Jewish Refugee Commission is authorized to--
       (1) appoint and fix the compensation of such personnel as 
     may be necessary, without regard to the provisions of title 
     5, United States Code, governing appointments in the 
     competitive service, and without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates, 
     except that the compensation of any employee of the 
     Commission may not exceed a rate equivalent to the rate 
     payable under GS-15 of the General Schedule under section 
     5332 of such title;
       (2) obtain the services of experts and consultants in 
     accordance with the provisions of section 3109 of such title;
       (3) obtain the detail of any Federal Government employee, 
     and such detail shall be without reimbursement or 
     interruption or loss of civil service status or privilege;
       (4) enter into agreements with the Administrator of General 
     Services for procurement of necessary financial and 
     administrative services, for which payment shall be made by 
     reimbursement from funds of the Commission in such amounts as 
     may be agreed upon by the Chairman of the Commission and the 
     Administrator;
       (5) procure supplies, services, and property by contract in 
     accordance with applicable laws and regulations and to the 
     extent or in such amounts as are provided in appropriation 
     Acts; and
       (6) enter into contracts with Federal or State agencies, 
     private firms, institutions, and agencies for the conduct of 
     research or surveys, the preparation of reports, and other 
     activities necessary to the discharge of the duties of the 
     Commission, to the extent or in such amounts as are provided 
     in appropriation Acts.

     SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 206. SUNSET.

       The Jewish Refugee Commission shall terminate 60 days after 
     it submits its report to Congress.

       Amend the title so as to read: ``A bill to establish 
     commissions to review the facts and circumstances surrounding 
     injustices suffered by European Americans, European Latin 
     Americans, and Jewish refugees during World War II.''.
                                 ______