[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 371 Referred in Senate (RFS)]

  2d Session
H. CON. RES. 371


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 24 (legislative day, September 17), 2008

                                Received

            October 2 (legislative day, September 17), 2008

             Referred to the Committee on Foreign Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
     Strongly supporting an immediate and just restitution of, or 
   compensation for, property illegally confiscated during the last 
                 century by Nazi and Communist regimes.

Whereas the United States strongly supports an immediate and just restitution or 
        compensation of property illegally confiscated during the last century 
        by Nazi and Communist regimes;
Whereas the wrongful and illegal confiscation of property perpetrated by Nazi 
        and Communist regimes was often an integral part of the persecution of 
        innocent

              

 people due to their religion, nationality, or social origin, or the 
expression of a view that differed from that of the ruling regime;

Whereas the protection of and respect for property rights is a basic principle 
        tenet for all democratic governments that operate according to the rule 
        of law;
Whereas the participating countries of the Organization for Security and 
        Cooperation in Europe (OSCE) have agreed to achieve or maintain full 
        recognition and protection of all types of property, including private 
        property, and the right to prompt, just, and effective compensation in 
        the event private property is taken for public use;
Whereas the Paris Declaration of the OSCE Parliamentary Assembly (OSCE Assembly) 
        in July 2001 noted that the process of restitution, compensation, and 
        material reparation of victims of Nazi persecution has not been pursued 
        with the same degree of comprehensiveness by all of the OSCE 
        participating countries;
Whereas the OSCE Assembly passed a resolution during the 10th session that urged 
        the OSCE participating countries to ensure that they implement 
        appropriate legislation to secure the restitution of, or compensation 
        for, both property loss by victims of Nazi persecution and property loss 
        by communal organizations and institutions or their successors during 
        the Nazi era, irrespective of the current citizenship or place of 
        residence of victims or their heirs, or the relevant successor to 
        communal property;
Whereas the Government of the United States has, since 1947, with the passing of 
        Military Law 59 in the occupied American Zone of Germany, supported the 
        return of property looted during the National Socialist era to the 
        rightful owners, or the heirs, of such property;
Whereas during the last decade, Congress has passed resolutions that endorsed, 
        reiterated, and emphasized the longstanding support of the United States 
        for the restitution and compensation for property illegally confiscated 
        during the Nazi and Communist regimes;
Whereas some post-Communist countries in Europe have taken steps toward 
        compensating victims whose property was seized and confiscated by the 
        Nazis during World War II or subsequently seized by Communist 
        governments after World War II;
Whereas the legislation addressing the return of or compensation for such 
        confiscated property enacted by post-Communist countries in Europe has, 
        in various instances, not been implemented in an effective, transparent, 
        and timely manner;
Whereas private properties were seized and confiscated by the Nazis in occupied 
        Poland during the Nazi era and by the Communist Polish government after 
        World War II;
Whereas Poland, virtually alone among post-Communist countries, has failed to 
        enact any legislation that provides for a process for the restitution 
        of, or compensation for, private property seized and confiscated by the 
        Nazi and Communist regimes;
Whereas Jewish communal properties were seized and confiscated by the Nazis in 
        Lithuania during the Nazi era and by the Communist Lithuanian government 
        after World War II; and
Whereas Lithuania, virtually alone among post-Communist countries, has failed to 
        implement legislation that provides for the restitution of, or 
        compensation for, Jewish communal property seized and confiscated by the 
        Nazi and Communist regimes: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That Congress--
            (1) praises the efforts by those countries in Central and 
        Eastern Europe that have enacted legislation for the 
        restitution of, or compensation for, private and communal 
        religious property improperly confiscated during the Nazi and 
        Communist eras and urges each of those countries to ensure that 
        the legislation is effectively and justly implemented;
            (2) urges the countries in Central and Eastern Europe which 
        have not already done so to return looted and confiscated 
        properties to their rightful owners or, where restitution is 
        not possible, pay equitable compensation, in accordance with 
        principles of justice and in an expeditious manner that is 
        just, transparent, and fair;
            (3) calls on the Government of Poland to--
                    (A) immediately enact fair, comprehensive, and just 
                legislation so that persons (or the heirs of such 
                persons) who had their private property seized and 
                confiscated by the Nazis during World War II or 
                subsequently seized by the Communist Polish government 
                after the war are able to obtain either restitution of 
                their property or, where restitution is not possible, 
                fair compensation should be paid; and
                    (B) ensure that such restitution and compensation 
                legislation establishes an unbureaucratic, simple, 
                transparent, and timely process, so that it results in 
                a real benefit to those many persons who suffered from 
                the unjust such confiscation of their property, many of 
                whom are well into their 80s or older;
            (4) calls on the Government of Lithuania to immediately 
        implement, fair, comprehensive, and just legislation so 
        communities that had communal and religious property seized and 
        confiscated by the Nazis during World War II or subsequently 
        seized by the Communist Lithuanian government after World War 
        II (or the relevant successors to the communal and religious 
        property or the relevant foundation) are able to obtain either 
        restitution of their property or, where restitution is not 
        possible, fair compensation;
            (5) calls on the President and the Secretary of State to 
        continue to engage in an open dialogue with the Governments of 
        Poland and Lithuania supporting the adoption of legislation 
        requiring, in Poland, the fair, comprehensive, and 
        nondiscriminatory restitution of, or compensation for, private 
        property that was seized and confiscated during the Nazi and 
        Communist eras and, in Lithuania, the fair, comprehensive, and 
        just restitution of Jewish communal and religious property that 
        was seized and confiscated during the Nazi and Communist eras; 
        and
            (6) calls on the Secretary of State to deliver a report to 
        Congress, every six months, regarding the implementation of 
        this concurrent resolution.

            Passed the House of Representatives September 23, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.