The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“U.S. HOLOCAUST ASSETS COMMISSION ACT OF 1998” mentioning the Federal Reserve System was published in the House of Representatives section on pages H4267-H4273 on June 9, 1998.
The publication is reproduced in full below:
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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).
(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
(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.
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).
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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'').
(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.
(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.
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