[DOCID: f:sr062.110]
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Calendar No. 135
110th Congress Report
SENATE
1st Session 110-62
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WARTIME TREATMENT STUDY ACT OF 2007
_______
May 4, 2007.--Ordered to be printed
_______
Mr. Leahy, from the Committee on the Judiciary, submitted the following
R E P O R T
[To accompany S. 621]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to which was referred the
bill (S. 621), 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, having considered the same, reports favorably
thereon and recommends that the bill do pass.
CONTENTS
Page
I. Purpose of the Wartime Treatment Study Act of 2007...............1
II. History of the Bill and Committee Consideration..................3
III. Section-by-Section Summary of the Bill...........................4
IV. Cost Estimate....................................................6
V. Regulatory Impact Evaluation.....................................7
VI. Conclusion.......................................................7
VII. Changes in Existing Law..........................................8
I. PURPOSE OF THE WARTIME TREATMENT STUDY ACT OF 2007
The Wartime Treatment Study Act of 2007 would create two
fact-finding commissions to supplement the work done in the
1980s by the Commission on Wartime Relocation and Internment of
Civilians, which studied the treatment of Japanese Americans
during World War II. The Act would create 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.
The victory of America and its allies in the Second World
War was a triumph for freedom, justice, and human rights. But,
at the same time that many brave Americans fought for freedom
in Europe and the Pacific, the U.S. Government was curtailing
the freedom of a number of people at home.
Many Americans are aware that during World War II, under
the authority of Executive Order 9066 and the Alien Enemies
Act, the U.S. Government forced more than 100,000 ethnic
Japanese from their homes and ultimately into relocation and
internment camps. 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.
The Wartime Treatment Study Act will ensure that the U.S.
Government also acknowledges the mistreatment experienced
during World War II by many German Americans, Italian
Americans, and European Latin Americans, as well as Jewish
refugees fleeing Nazi persecution. The Wartime Treatment Study
Act would create two independent, fact-finding commissions to
review this unfortunate history.
One commission would 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. Most Americans are unaware that, as was the case
with many ethnic Japanese, approximately 11,000 ethnic Germans,
3,200 ethnic Italians, and scores of Bulgarians, Hungarians,
Romanians or other European Americans and European Latin
Americans were taken from their homes and placed in internment
camps during World War II. Following Pearl Harbor, the U.S.
Government pursuant to the Alien Enemies Act deemed
approximately 600,000 Italian-born and 300,000 German-born
United States resident aliens as ``enemy aliens,'' restricting
their travel and personal property rights and requiring them to
carry certificates of identification. Extensive prohibited
zones were established where ``enemy aliens'' were forbidden or
their movements were restricted. Thousands of European
Americans, including American-born children, ultimately ended
up behind barbed wire and under armed guard in detention
facilities and internment camps, such as the camps operated by
the Department of Justice at Crystal City, Texas; Seagoville,
Texas; Kenedy, Texas; Missoula, Montana; and Bismarck, North
Dakota. The last European American internees, held at Ellis
Island, were not released until 1948.
In addition, pursuant to a policy coordinated with 18 Latin
American countries, more than 4,000 German Latin Americans,
including German and Austrian Jews, and more than 200 Italian
Latin Americans were arrested, transferred to the U.S. and
interned. Thousands, including in some instances American-born
children, were later deported to hostile, war-torn European
Axis nations in exchange for Americans and Latin Americans held
there.
These policies were devastating to the German and Italian
communities, individuals and families, and the effects are
still being experienced. The Wartime Treatment Study Act of
2007 will enable Americans to learn about this history and
explore why the U.S. Government violated these individuals'
basic rights based on their nationality or ethnicity.
A second commission created by this bill would review the
treatment by the U.S. Government of Jewish refugees, like those
aboard the German vessel the St. Louis, who were fleeing Nazi
persecution and genocide. 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, U.S. Government policies
affected the number of Jewish refugees, particularly those from
Germany and Austria, who could gain admittance to the United
States. The commission would review these facts, including how
U.S. immigration policies failed to provide adequate safe
harbor to Jewish refugees fleeing the persecution of Nazi
Germany.
The injustices to European Americans, European Latin
Americans, and Jewish refugees occurred more than 50 years ago.
Enactment of the Wartime Treatment Study Act of 2007 is
urgently needed. If Congress further delays enactment, the
people who were affected by these policies will no longer be
here to tell their stories. As Senator Feingold said in his
February 15, 2007, floor statement upon introduction of S. 621,
``If we wait, the people who were affected will no longer be
here to know that Congress has at last recognized their
sacrifice and resolved to learn from the mistakes of the
past.'' There has been a measure of justice for Japanese
Americans who were denied their liberty and property during
World War II. Our country benefited greatly from analyzing the
Japanese American experience. So, too, will it benefit from
understanding the European American and European Latin American
experience. The Wartime Treatment Study Act would complete the
accounting of this period in our nation's history and provide a
long overdue measure of justice to European Americans and
European Latin Americans who also lost their freedoms.
II. HISTORY OF THE BILL AND COMMITTEE CONSIDERATION
The Wartime Treatment Study Act of 2007, S. 621, is a
bipartisan measure introduced on February 15, 2007, by Senator
Feingold, Senator Grassley, Senator Kennedy, Senator Lieberman
and Senator Inouye. Senator Cardin and Senator Wyden also
joined the bill as cosponsors. Representative Robert Wexler
introduced an identical measure, H.R. 1185, on February 16,
2007, in the House of Representatives.
The bill was listed on the Judiciary Committee's agenda for
the first time on March 22, 2007. On April 12, 2007, the
Committee ordered S. 621 to be reported favorably, without
amendment, by voice vote.
The Wartime Treatment Study Act of 2007 builds on measures
that were reported favorably from the Judiciary Committee in
the 107th, 108th and 109th Congresses. In the 107th Congress,
Senator Feingold, Senator Grassley and Senator Kennedy
introduced S. 1356, the Wartime Treatment of European Americans
and Refugees Study Act, on August 3, 2001. On March 14, 2002,
the Judiciary Committee reported by voice vote an amended
version of the bill. Significant changes included establishing
two 7-member commissions rather than one 11-member commission,
and changing the name to the Wartime Treatment Study Act. No
further action was taken in that Congress.
In the 108th Congress, Senator Feingold, Senator Grassley,
Senator Kennedy and Senator Lieberman reintroduced the Wartime
Treatment Study Act as S. 1691 on October 1, 2003. It was
reported favorably by the Judiciary Committee on October 16,
2003. In January 2004, on the Senate floor Senator Feingold
sought unanimous consent that the measure be taken up and
passed by the Senate, but an objection was raised.
In the 109th Congress, Senator Feingold, Senator Grassley,
Senator Kennedy, Senator Lieberman, Senator Corzine, and
Senator Wyden reintroduced the bill as S. 1354 on June 30,
2005. It was reported favorably without amendment by the
Judiciary Committee on November 17, 2005. No further action was
taken.
III. SECTION-BY-SECTION SUMMARY OF THE BILL
Section 1 contains the short title of the Wartime Treatment
Study Act of 2007.
Section 2 contains 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 and required them to carry Certificates of
Identification and limited 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, many European Latin Americans,
including German and Austrian Jews, were arrested, brought to
the United States, and interned. Many were later expatriated,
repatriated, or deported to European Axis nations during World
War II, many to be 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 Italian American and German 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.
Section 3 defines the key terms of the legislation. It
specifies that ``during World War II'' covers the time period
between September 1, 1939, and December 31, 1948. It defines
``European Americans'' to include U.S. citizens and resident
aliens of European ancestry; ``Italian Americans'' to include
U.S. citizens and resident aliens of Italian ancestry; ``German
Americans'' to include U.S. citizens and resident aliens of
German ancestry; and ``European Latin Americans'' to include
persons of European ancestry residing in Central America, South
America or the Caribbean during World War II.
Title I--Commission on Wartime Treatment of European Americans
Section 101 establishes the Commission on Wartime Treatment
of European Americans. It provides that the 7-member Commission
be composed of three members appointed by the President, two by
the Speaker of the House in consultation with the minority
leader, and two by the majority leader of the Senate in
consultation with the minority leader. The provision
contemplates that the appointing authorities will work together
to ensure that the Commission includes two members representing
the interests of Italian Americans and two members representing
the interests of German Americans.
Section 102 sets out the duties of the Commission, which
include a comprehensive review of the U.S. Government's
treatment of European Americans and European Latin Americans
during World War II, and the compilation of a list of the
detention and internment facilities where they were held, and
those who died and were born in those facilities. This review
also will include an assessment of the underlying rationale for
the U.S. Government's actions and recommendations for how civil
liberties can be protected during wartime in the future.
Section 102 also requires the Commission to submit a written
report of its findings and recommendations to Congress no later
than 18 months after the date of the Commission's first
meeting.
Section 103 sets out the powers of the Commission. The
Commission may hold hearings at times and locations of its
choosing, and request the testimony of witnesses and the
production of books, records, correspondence, memorandum,
papers, and documents. If the Commission has difficulty
securing such testimony or production, it may ask the Attorney
General to invoke the aid of an appropriate federal court to
require such testimony or production. In addition, the
legislation requires that all executive branch entities comply
fully with any requests for information from the Commission.
Section 104 contains administrative provisions regarding
the hiring of staff, consultants and details; procuring
supplies, services and property; and entering into contracts.
Section 105 authorizes $600,000 in appropriations for the
Commission to carry out its duties.
Section 106 sunsets the Commission 60 days after it submits
the report to Congress required by Section 102.
Title II--Commission on Wartime Treatment of Jewish Refugees
Section 201 establishes the Commission on Wartime Treatment
of Jewish Refugees. It provides that the 7-member Commission be
composed of three members appointed by the President, two by
the Speaker of the House in consultation with the minority
leader, and two by the majority leader of the Senate in
consultation with the minority leader. The provision
contemplates that the appointing authorities will work together
to ensure that the Commission includes two members representing
the interests of Jewish refugees.
Section 202 sets out the duties of the Commission, which
include a comprehensive review of the U.S. Government's
treatment of Jewish and other refugees fleeing Nazi persecution
or genocide during World War II, and an assessment of the
underlying rationale for the U.S. Government's actions and
recommendations for how people fleeing persecution or genocide
in the future can better obtain refuge in the United States.
Section 102 also requires the Commission to submit a written
report of its findings and recommendations to Congress no later
than 18 months after the date of the Commission's first
meeting.
Section 203 sets out the powers of the Commission. The
Commission may hold hearings at times and locations of its
choosing, and request the testimony of witnesses and the
production of books, records, correspondence, memorandum,
papers, and documents. If the Commission has difficulty
securing such testimony or production, it may ask the Attorney
General to invoke the aid of an appropriate federal court to
require such testimony or production. In addition, the
legislation requires that all executive branch entities comply
fully with any requests for information from the Commission.
Section 204 contains administrative provisions regarding
the hiring of staff, consultants and details; procuring
supplies, services and property; and entering into contracts.
Section 205 authorizes $600,000 in appropriations for the
Commission to carry out its duties.
Section 206 sunsets the Commission 60 days after it submits
the report to Congress required by Section 202.
IV. COST ESTIMATE
The Committee sets forth, with respect to the bill, S. 621,
the following estimate and comparison prepared by the Director
of the Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974:
April 19, 2007.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 621, the Wartime
Treatment Study Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 621--Wartime Treatment Study Act
S. 621 would establish two commissions, the Commission on
Wartime Treatment of European Americans and the Commission on
Wartime Treatment of Jewish Refugees. The first commission
would review the conduct of the United States government during
World War II towards European Americans and European Latin
Americans. The second commission would focus on the
government's treatment of Jewish refugees during World War II.
Each commission, consisting of seven members, would have 18
months to report on its findings and recommendations. Members
would serve without pay, but would be reimbursed for travel
expenses. In addition, the commissions could hire staff or use
personnel from other agencies. Each commission would terminate
60 days after submitting its final report. To fund the costs of
the commissions, the bill would authorize the appropriation of
$1.2 million ($600,000 per commission).
Assuming the appropriation of the authorized amounts, CBO
estimates that implementing S. 621 would cost $1.2 million over
the 2008-2009 period. Enacting the bill would not affect direct
spending or revenues. The legislation does not authorize any
payment of restitution; such authority would require a separate
act of Congress.
S. 621 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
V. REGULATORY IMPACT EVALUATION
In compliance with rule XXVI of the Standing Rules of the
Senate, the Committee finds that no significant regulatory
impact will result from the enactment of S. 621.
VI. CONCLUSION
Passage and enactment of the Wartime Treatment Study Act of
2007, S. 621, is long overdue. This bipartisan legislation will
allow for a fuller accounting of this tragic chapter in our
Nation's history.
VII. CHANGES IN EXISTING LAW
Pursuant to paragraph 12 of rule XXVI of the Standing Rules
of the Senate, the Committee finds no changes in existing law
made by S. 621, as ordered reported.
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