[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[S. 564 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 564
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 10, 2009
Mr. Feingold (for himself, Mr. Grassley, Mr. Lieberman, Mr. Kennedy,
Mr. Cardin, and Mr. Wyden) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
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.
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 Government
deemed as ``enemy aliens'' more than 600,000 Italian-born and
300,000 German-born United States resident aliens and their
families, requiring them to carry Certificates of
Identification and limiting their travel and personal property
rights. At that time, these groups were the two largest
foreign-born groups in the United States.
(2) 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 European Axis nations, many to be exchanged for Americans
held in those nations.
(3) Pursuant to a policy coordinated by the United States
with Latin American nations, thousands of European Latin
Americans, including German and Austrian Jews, were arrested,
relocated to the United States, and interned. Many were later
repatriated or deported to European Axis nations during World
War II and exchanged for Americans and Latin Americans held in
those nations.
(4) Millions of European Americans served in the Armed
Forces and thousands sacrificed their lives in defense of the
United States.
(5) The wartime policies of the United States Government
were devastating to the German American and Italian American
communities, individuals, and their families. The detrimental
effects are still being experienced.
(6) Prior to and during World War II, the United States
restricted the entry of Jewish refugees who were fleeing
persecution or genocide and sought safety in the United States.
During the 1930s and 1940s, 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.
(7) The United States Government should conduct an
independent review to fully assess 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.
(8) 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 resident aliens of
European ancestry, including Italian Americans, German
Americans, Hungarian Americans, Romanian Americans, and
Bulgarian Americans.
(B) German americans.--The term ``German
Americans'' refers to United States citizens and
resident aliens of German ancestry.
(C) Italian americans.--The term ``Italian
Americans'' refers to United States citizens and
resident aliens of Italian ancestry.
(3) European latin americans.--The term ``European Latin
Americans'' refers to persons of European ancestry, including
German or Italian ancestry, residing in a Latin American nation
during World War II.
(4) Latin american nation.--The term ``Latin American
nation'' refers to any nation in Central America, South
America, or the Caribbean.
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.
(d) Representation.--The European American Commission shall include
2 members representing the interests of Italian Americans and two
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 action during World War II
with respect to European Americans and European Latin Americans
pursuant to United States laws and directives, including the
Alien Enemies Acts (50 U.S.C. 21 et seq.), Presidential
Proclamations 2526, 2527, 2655, 2662, and 2685, Executive
Orders 9066 and 9095, and any directive of the United States
Government pursuant to these and other pertinent laws,
proclamations, or executive orders, 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
deportation, and the immediate and long-term effect of such
actions, particularly internment, on the lives of those
affected. This review shall also include a list of--
(A) all temporary detention and long-term
internment facilities in the United States and Latin
American nations that were used to detain or intern
European Americans and European Latin Americans during
World War II (in this paragraph referred to as ``World
War II detention facilities'');
(B) the names of European Americans and European
Latin Americans who died while in World War II
detention facilities and where they were buried;
(C) the names of children of European Americans and
European Latin Americans who were born in World War II
detention facilities and where they were born; and
(D) the nations from which European Latin Americans
were brought to the United States, the ships that
transported them to the United States and their
departure and disembarkation ports, the locations where
European Americans and European Latin Americans were
exchanged for persons held in European Axis nations,
and the ships that transported them to Europe and their
departure and disembarkation ports.
(2) An assessment of the underlying rationale of the
decision of the United States Government to develop the
programs and policies described in paragraph (1), the
information the United States Government received or acquired
suggesting these 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.
(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
public education programs and the creation of a comprehensive
online database by the National Archives and Records
Administration of documents 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 under the Commission
on Wartime and Internment of Civilians Act (Public Law 96-317; 50
U.S.C. App. 1981 note) and the Wartime Violation of Italian Americans
Civil Liberties Act (Public Law 106-451; 50 U.S.C. App. 1981 note). For
purposes of section 552a(b)(9) of title 5, United States Code (commonly
known as the ``Privacy Act of 1974''), 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.
There is authorized to be appropriated $600,000 to carry out 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
two 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 or genocide in Europe
entry to the United States as provided in subsection (b).
(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 decision to
deny Jewish and other refugees fleeing persecution or 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 law and policy relating to
those fleeing persecution or genocide, including
recommendations for making it easier in the future for 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. For purposes of section 552a(b)(9) of title 5, United
States Code (commonly known as the ``Privacy Act of 1974''), 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.
There is authorized to be appropriated $600,000 to carry out this
title.
SEC. 206. SUNSET.
The Jewish Refugee Commission shall terminate 60 days after it
submits its report to Congress.
TITLE III--FUNDING SOURCE
SEC. 301. FUNDING SOURCE.
Of the funds made available for the Department of Justice by the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (Public Law 110-329), $1,200,000 is hereby
rescinded.
<all>