[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.''.
______