Home > 105th Congressional Bills > S. 1900 (enr) 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 purp...S. 1900 (enr) 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 purp...
105th CONGRESS
2d Session
S. 1900
_______________________________________________________________________
AMENDMENT
In the House of Representatives, U. S.,
June 9, 1998.
Resolved, That the bill from the Senate (S. 1900) entitled ``An Act 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'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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) eight shall be private citizens, appointed by
the President;
(B) four shall be representatives of the Department
of State, the Department of Justice, the Department of
the Army, and the Department of the Treasury (one
representative of each such Department), appointed by
the President;
(C) two shall be Members of the House of
Representatives, appointed by the Speaker of the House
of Representatives;
(D) two shall be Members of the House of
Representatives, appointed by the minority leader of
the House of Representatives;
(E) two shall be Members of the Senate, appointed
by the majority leader of the Senate;
(F) two shall be Members of the Senate, appointed
by the minority leader of the Senate; and
(G) one 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
Other Popular 105th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |