[Congressional Record Volume 144, Number 140 (Thursday, October 8, 1998)]
[House]
[Pages H10180-H10183]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPRESSING SUPPORT FOR U.S. GOVERNMENT EFFORTS TO IDENTIFY HOLOCAUST-
ERA ASSETS, URGING THE RESTITUTION OF INDIVIDUAL AND COMMUNAL PROPERTY
Mr. GILMAN. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 557) expressing support for U.S. Government efforts
to identify Holocaust-era assets, urging the restitution of individual
and communal property, and for other purposes.
The Clerk read as follows:
H. Res. 557
Whereas the Holocaust was one of the most tragic and
complex horrors in this century, and survivors of that
catastrophe are now reaching the end of their lives;
Whereas among the many atrocities committed by the Nazis
was their systematic effort to confiscate property illegally
and wrongfully from individuals, institutions, and
communities solely because of religion or ethnicity;
Whereas the Nazi regime used foreign financial institutions
to launder and hold property illegally confiscated from
Holocaust victims, and some foreign financial institutions
violated their fiduciary duty to their customers by
converting to their own use financial assets belonging to
Holocaust victims and denying heirs of these victims access
to these assets through restrictive regulations and
unreasonable interpretation of those regulations;
Whereas in the post-Communist period of transition many of
the countries of Central and Eastern Europe have begun to
enact legal procedures for the restitution of property
confiscated or stolen from victims of the holocaust to
communities and to individual survivors of the Holocaust and
their heirs;
Whereas, despite the enactment of legislation and the
establishment of institutions to restore confiscated property
in a number of countries, progress has been slow, difficult,
and painful, and some countries have established restrictions
which require those whose properties have been wrongfully
plundered to reside in or be a current citizen of the country
from which they now seek restitution or compensation;
Whereas the Tripartite Gold Commission has now concluded
its activities, and under the leadership of the United States
established an international Nazi Persecutees' Relief Fund,
reached agreement with most of the countries which had gold
on deposit with the Tripartite Gold Commission to donate
their shares to this Persecutees' Fund, and the United States
has pledged to contribute $25 million to this fund;
Whereas two significant agreements have recently been
reached, the first between Holocaust survivors and private
Swiss banks and the second between Holocaust survivors and
European insurance companies, which represent significant
first steps in the international effort to provide belated
justice to survivors and victims of the Holocaust and their
heirs;
Whereas the Department of State and the United States
Holocaust Memorial Museum will co-host the Washington
Conference on Holocaust-Era Assets later this year in order
to review current efforts, share research across national
borders, renew efforts to open Nazi-era archives, and spur
greater progress on the restitution of Holocaust-era assets;
and
Whereas there is a growing international consensus and
sense of urgency that, after a half century of indifference
and inaction, justice must be obtained for victims and
survivors of the holocaust and their heirs; Now, therefore,
be it
Resolved, That the House of Representatives--
(1) recognizes the great responsibility which the United
States has to Holocaust survivors and their families, many of
whom are American citizens, to continue to treat the issue of
Holocaust-era assets as a high priority and to encourage
other governments to do the same;
(2) commends the agencies of the United States government
for their untiring efforts and for the example they have set,
including the publication of the May 1997 and June 1998
reports on U.S. and Allied Efforts to Recover or Restore Gold
and Other Assets Stolen or Hidden by Germany in World War II
and the efforts to return such assets to their rightful
owners;
(3) commends those organizations which have played a
critical role in the effort to assure compensation and/or
restitution for survivors of the Holocaust, and in particular
to the World Jewish Congress and the World Jewish Restitution
Organization;
(4) welcomes the convening of the Washington Conference on
Holocaust-Era Assets later this year by the United States
Holocaust Memorial Museum and the Department of State and
expresses the hope that this conference will contribute to
the sharing of information and will spur greater progress on
the restitution of Holocaust-era assets;
(5) commends those countries which have instituted
procedures for the restitution of individual and communal
property confiscated from Holocaust victims, and urges those
governments which have not established such procedures to
adopt fair and transparent legislation and regulations
necessary for such restitution;
(6) calls upon countries in transition in Central and
Eastern Europe to remove certain citizenship or residency
prerequisites for individual survivors of the Holocaust
seeking restitution of confiscated property;
(7) notes that former Communist countries which seek to
become members of the North Atlantic Alliance and other
international organizations must recognize that a part of the
process of international integration involves the enactment
of laws which safeguard and protect property rights that are
similar to those in democratic countries which do not require
artificial citizenship and residency requirements for
restitution or compensation;
(8) commends those countries which have established
significant commissions, such as the Presidential Advisory
Commission on Holocaust Assets in the United States, to
conduct research into matters relating to Holocaust-era
assets, to assure that information developed by these
commissions is publicly available, to complete their major
historical research efforts, and to contribute to the major
funds established to benefit needy Holocaust survivors no
later than December 31, 1999;
(9) commends those countries and organizations which have
opened their archives and made public records and documents
relating to the Nazi era, and urges all countries and
organizations, including the United Nations, the Holy See,
the International Committee of the Red Cross and national Red
Cross organizations, to assure that all materials relating to
that era are fully accessible to the public;
(10) urges all countries to develop and include as a part
of their educational curriculum material on the Holocaust,
the history of the Second World War, the evils of
discrimination and persecution of racial, ethnic or religious
minorities, and the consequences of the failure to respect
human rights;
(11) appreciates the efforts of the government of Germany
for successfully concluding an agreement with the Conference
on Material Claims Against Germany on matters concerning
restitution for Holocaust survivors from Central and Eastern
Europe who have not yet received restitution, and urges the
government of Germany to continue to negotiate with the
Claims Conference to expand the eligibility criteria to
ensure that
[[Page H10181]]
all needy Holocaust survivors receive restitution;
(12) urges all countries to continue aggressive
investigation and prosecution of individuals who may have
been involved in Nazi-era war crimes, such as the Government
of Germany which should investigate Dr. Hans Joachim Sewering
for war crimes of active euthanasia and crimes against
humanity committed during World War II;
(13) urges countries, especial Israel, Russia, Poland, and
other Central and East European nations, and organizations
such as the International Committee of the Red Cross and
Israel's Jewish Agency to coordinate efforts to help reunite
family members separated during the Holocaust; and
(14) directs the Clerk of the House to transmit a copy of
this resolution to the Secretary of State and requests that
the Secretary transmit copies to all relevant parties.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Gilman) and the gentleman from California (Mr. Lantos) each
will control 20 minutes.
The Chair recognizes the gentleman from New York (Mr. Gilman).
General Leave
Mr. GILMAN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on H. Res. 557 now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H. Res. 557 is sponsored by our committee colleague, the
gentleman from California (Mr. Lantos), the only Holocaust survivor
serving in this body. We commend the gentleman from California (Mr.
Lantos) for his long abiding commitment to ensuring justice for
Holocaust survivors and for their heirs.
H.R. 557 commends agencies of the United States Government for their
efforts to recover and restitute Holocaust-related assets and expresses
support for the upcoming Washington Conference on Holocaust-Era Assets.
It urges those governments which have not established restitution
procedures to do so, and to ensure that citizenship or residency
requirements do not become impediments. The bill wants information to
be made public and specifically mentions the Holy See, which has not
been cooperative in opening its archives.
H. Res. 557 also incorporates the thrust of some measures introduced
by colleagues of ours. It urges Germany to expand the eligibility
criteria for needy Holocaust survivors, and it recommends that Germany
investigate Dr. Hans Joachim Sewering for crimes against humanity. The
measure also urges everyone to work together to unify family members
separated during the Holocaust.
Mr. Speaker, these clauses are the result of legislative support
expressed by the gentlewoman from California (Mrs. Maloney), the
gentlewoman from California (Ms. Woolsey) and the gentleman from New
Jersey (Mr. Franks), and we thank them for their commitment.
Mr. Speaker, we must continue to make our voices heard on these
important Holocaust-related issues. It is imperative that the countries
involved in these matters understand that their response is seen as a
measure of their commitment to basic human rights, to justice, and to
the rule of law, and it is one of several standards by which our Nation
assesses its bilateral relations. Those who perished, those who
survived, and their descendents deserve nothing less.
Accordingly, Mr. Speaker, I urge my colleagues to support this
measure, H.R. 557.
Mr. Speaker. H. Res. 557 is a measure which has many original co-
sponsors, and for good reason. While its thrust concerns Holocaust-era
communal property and assets as a result of a hearing our international
Relations Committee held with Under Secretary of State Stuart
Eizenstat, it also expresses the concerns of a number of Members of
Congress regarding a number of Holocaust related issues.
H. Res. 557 is sponsored by our Committee colleague the gentleman
from California, Mr. Lantos, who bears the distinction of being the
only Holocaust survivor serving in this body. We commend Mr. Lantos and
his staff for their deep seated commitment to ensuring justice for
Holocaust survivors and their heirs. Their work in drafting this sense
of the House resolution is greatly appreciated, and I wish to
specifically recognize Dr. Bob King and Dr. Kay King for their untiring
efforts behind the scenes.
H. Res. 557 commends agencies of the United States governments for
their efforts to recover and to restitute Holocaust-related assets.
It also commends the World Jewish Congress and the World Jewish
Restitution Organization for their efforts in the many negotiations
that have been underway.
This measure expresses support for the upcoming Washington Conference
on Holocaust-Era Assets at the end of November, and urges those
governments which have not established restitution procedures to do
so--to ensure that citizenship or residency requirements do not become
impediments.
H. Res. 557 wants information to be made public, and specifically
mentions the Holy See. I wish to point out to our Members that the
Vatican has not been cooperative in opening its archives.
Additionally, H. Res. 557 incorporates the thrust of a number of
measures introduced by some of our colleagues. It urges Germany to
expand the eligibility criteria to ensure that all needy Holocaust
survivors receive restitution, and recommends that Germany investigate
Dr. Hans Joachim Sewering (pronounced Hanz Yo-ach-eem Soo-wer-ing) for
crimes against humanity committed during World War II. The measure also
urges countries and international organizations to work together to
reunify family members separated during the Holocaust.
These clauses are the result of legislative support expressed by Mrs.
Maloney of New York, Mrs. Woolsey of California, and Mr. Frank of New
Jersey.
We thank them for their commitment to Holocaust survivors, and
appreciate their involvement in these critically important issues.
Lastly, Mr. Speaker, H. Res. 557 directs the Clerk of the House to
send a copy of this resolution to the Secretary of State and requests
the Secretary to transmit copies to all relevant parties.
Mr. Speaker, we must continue to make our voices heard on these
important Holocaust-related issues. It is imperative that the countries
involved in these matters understand that their response is seen as a
measure of their commitment to basic human rights, justice and the rule
of law, and as one of several standards by which the United States
assesses its bilateral relations.
Those who perished, those who survived, and their descendants,
deserve nothing less. Accordingly, Mr. Speaker, I urge unanimous
support for H. Res. 557.
Mr. Speaker, I reserve the balance of my time.
Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, at the outset, let me express my appreciation to my good
friend, the gentleman from New York (Mr. Gilman), for his leadership on
this matter. Let me also thank the gentleman from Indiana (Mr.
Hamilton), the gentleman from New Jersey (Mr. Smith), the gentlewoman
from California (Ms. Woolsey), and all the other colleagues across the
political spectrum who have chosen to cosponsor my legislation.
Given the lateness of time, Mr. Speaker, I shall be very brief.
The Holocaust clearly was one of the most horrific crimes against
humanity in this or, indeed, in any century. Most of the individuals
who survived the Holocaust are no longer here. We are dealing with a
passing generation, and we are dealing with their heirs.
No legislation can compensate for the death of 6 million innocent
people; no legislation can compensate for the unspeakable horrors and
suffering that millions of innocent people have suffered. But we find a
half a century after the end of the Holocaust that governmental
organizations and private institutions like banks and insurance
companies have seen fit to hide and to use for their own purposes
assets wrongfully and illegally taken from victims of the Holocaust,
from institutions that these individuals created, and from entire
communities.
The Nazi regime used foreign financial institutions to launder and to
hold illegally confiscated assets from Holocaust victims. And some
banking and insurance companies and some governments have seen fit to
appropriate these assets.
Mr. Speaker, in the post-Communist period, some of the countries of
Central and Eastern Europe have begun to take legal action to attempt
to find and return a small portion of these assets, and I commend them.
Some of the private institutions, like a few banks in
[[Page H10182]]
Switzerland and some insurance companies, have begun this same process.
But I must share with my colleagues, Mr. Speaker, my outrage and my
horror at noting that some allegedly civilized institutions demand the
death certificates from heirs of survivors so they can prove that
people who perished at Auschwitz in fact have died. Auschwitz did not
issue death certificates, and to see banks and insurance companies in
1998 hiding behind some preposterous and outrageous pseudolegal claim
is beyond comprehension.
Now, in a couple of months our Department of State and the Holocaust
Museum here in Washington will cohost a Conference on Holocaust-Era
Assets, and as is the case with all such developments, it is our
government that is taking the lead in attempting to identify and then
to see that these assets are returned, either to the heirs of Holocaust
victims, or to charitable and educational institutions in case there
are no heirs.
I want to commend our government, and I particularly want to commend
Under Secretary of State Stuart Eizenstat for the leadership he has
taken in working on this significant moral issue. I want to thank all
of my colleagues for their support of my legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. GILMAN. Mr. Speaker, I am pleased to yield such time as he may
consume to the distinguished gentleman from New Jersey (Mr. Smith),
chairman of the Subcommittee on International Operations and Human
Rights of our Committee on International Relations.
Mr. SMITH of New Jersey. Mr. Speaker, I thank the gentleman for
yielding.
Mr. Speaker, in the aftermath of the Holocaust, survivors struggled
to build their lives, and nobody knows this better than the gentleman
from California (Mr. Lantos), and I want to commend him for bringing
this legislation to the floor, for authoring it and for the very
important provisions that it contains.
Mr. Speaker, Holocaust victims in Western countries generally
received some compensation, some monetary compensation, from Germany,
albeit very limited. Those victims whose homelands fell behind the Iron
Curtain after World War II did not receive even this slight measure of
justice. Other issues related to the Holocaust era, including the
disposition of assets such as real or financial property, artwork,
insurance policy proceeds, went unresolved for all of these
individuals, as well as for religious communities.
Mr. Speaker, a belated measure of justice, and again, this is
infinitesimally small compared to the unparalleled, horrific nature of
the Holocaust, is within reach. Much has been achieved, including
unprecedented settlements between Holocaust survivors, Swiss banks and
European insurance companies.
Building on this momentum, as was pointed out, the State Department
and the U.S. Holocaust Memorial Museum will convene a Washington
Conference on Holocaust-Era Assets next month to address issues of
Nazi-confiscated assets, including art, insurance, communal property,
libraries and archives, as well as Holocaust education, research and
remembrance. Conference participants will include government officials
from over 40 countries, historians, experts and representatives of
major NGOs, including the survivor community.
Mr. Speaker, this resolution should not and could not be considered
at a more opportune moment. The resolution calls on countries to return
expropriated properties to Holocaust victims or their heirs without
arbitrary discrimination.
{time} 2245
It calls for the opening of archives relating to the Nazi-era and for
the continued prosecution of Nazi-era war criminals. It calls on
Germany to provide reparations to all Holocaust victims without delay
and without the use of unreasonable eligibility criteria. And of very
real importance, this resolution calls on all countries to encourage
education on the history of the Holocaust and the consequences of the
failure to respect human rights.
It is a great resolution, very timely and important and I urge its
passage.
Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would just like to add a footnote to what the
gentleman from New Jersey (Mr. Smith) has just said. It is beneath
contempt that major art museums in major European countries should have
on display on their walls stolen property, but that is in fact the
case. Priceless works of art, plundered from family collections or
collections of institutions, are as we speak tonight on the walls of
important art institutes across Europe.
My resolution calls for the return of these works of art, either to
their owners or the heirs of the original owners or to the appropriate
philanthropic and educational institutions or museums to which they
properly belong.
Mr. Speaker, I yield 5 minutes to the gentlewoman from California
(Ms. Woolsey), my friend and colleague who has been so deeply concerned
with this issue and has been a prominent fighter to right this wrong.
(Ms. WOOLSEY asked and was given permission to revise and extend her
remarks.)
Ms. WOOLSEY. Mr. Speaker, I rise in strong support of H.Res. 557.
This resolution reflects the growing consensus that real justice must
be obtained for the victims and survivors of the Nazi Holocaust.
Mr. Speaker, the world has an obligation to provide justice and
dignity to all Holocaust victims and their survivors. I commend the
gentleman from California (Mr. Lantos) and the gentleman from New York
(Chairman Gilman) for bringing the House resolution before us so we can
begin to address this need for justice.
I am particularly pleased that this resolution urges all countries to
continue aggressive investigation and prosecution of individuals who
have been involved in Nazi-era war crimes, because we must bring these
individuals to justice and never forget their horrible crimes.
One individual that we must bring to justice is Dr. Hans Severing.
Today, in 1998, Dr. Severing practices medicine in Germany, just as he
has for the last 55 years. In 1943, Dr. Severing was engaged in a
different kind of medical practice. He was a staff physician and the
director of the SS at the Schoenbrunn Sanitarium. This sanitarium was
meant to treat children with special needs, but it was just a brief
stop before a more terrible fate for these children.
The stop was brief because during World War II, Dr. Severing
participated in the Nazi euthanasia program. Under Dr. Severing's
orders, over 900 mentally and physically disabled children were sent to
a so-called ``healing center'' where physicians starved and drugged
these children until their death. Over 900 innocent children.
After the war, Dr. Severing was not punished. He was not even
exposed. He was not charged with any crime. He thought that the world
would forget the children he sent to death. In fact, until recently it
appeared that the world had forgotten.
Since the war, Dr. Severing enjoyed a full and rewarding medical
career in Bavaria. In 1993, he became the President-elect of the World
Medical Association, until controversy stemming from his crimes forced
him to resign. It was at this time that four Franciscan nuns who were
witness to these atrocities broke their vows of silence in order to
bring Dr. Severing to justice.
After this, the U.S. Department of Justice placed Dr. Severing on our
watch list, preventing his entry into the United States. But the
Bavarian government refuses to investigate this matter. They refuse to
press charges.
Thanks to the Anti-Defamation League, along with the leading pursuer
of Dr. Severing, Dr. Michael Franzblau, the world does not forget these
crimes that have gone unpunished. Dr. Hans Severing and every other
Nazi war criminal must be investigated and exposed for what they really
are and they must be brought to justice for their crimes.
Today, along with Michael Franzblau and my colleagues, I demand
justice for 900 children who died at the hand of Dr. Severing and for
every other individual and family that has suffered as a result of the
Holocaust. It is not too late to provide the remaining survivors of the
Holocaust with justice and dignity.
Today by passing this resolution we can begin the process. I support
H.Res. 557 because we can begin that process.
[[Page H10183]]
Mr. GILMAN. Mr. Speaker, I thank the gentlewoman from California (Ms.
Woolsey) for her strong supportive arguments.
Mr. Speaker, I yield 2 minutes to the gentleman from Pennsylvania
(Mr. Fox), a member of our Committee on International Relations.
Mr. FOX of Pennsylvania. Mr. Speaker, I commend the gentleman from
California (Mr. Lantos) for his outstanding bill, along with the
gentleman from New York (Mr. Gilman) for bringing this forward today.
They have been together a team working on this important issue for the
U.S. Government to identify Holocaust-era assets and urging the
restitution of individual and communal property for some time.
So the resolution offered by the gentleman from California (Mr.
Lantos), with the great support of the gentleman from New York,
together have forged a great alliance in the Committee on International
Relations and we appreciate their leadership and this is a resolution
that deserves 100 percent support from this body.
Mr. Speaker, the resolution specifically expresses support of the
U.S. Government to identify Holocaust-era assets. It was only in recent
months and years that we have learned about some of these assets that
the public did not know about that people did not realize were there.
And because of their efforts, we have now gone forward to identify
those assets.
The Holocaust, as we know, was one of the most tragic and complex
horrors of this century; an era we never want to see repeated ever in
this world ever in our time. Whereas among their many atrocities
committed by the Nazis was their systematic effort to confiscate
property wrongfully from individuals, many of whom never lived, but
their families and heirs have never received.
The Nazi regime used foreign financial institutions to launder and
hold the property illegally confiscated. In the post-communist period
of transition, many of the countries in Europe have begun to enact
legal procedures for the restitution of this property. But this
resolution, Mr. Speaker, will help us forge efforts in the House and
the Senate, in banking circles and other economic circles, to make sure
that the restitution will come about and that the heirs and survivors
of the Holocaust will be able to get what is rightfully theirs, because
of this resolution and the other items and initiatives that will
follow.
Whereas the two significant agreements have recently been reached,
the first between Holocaust survivors and private Swiss banks and the
second between Holocaust survivors and European insurance companies, we
will see that the Holocaust survivors' families will be recognized.
Nothing can ever take back all the hurt, the pain, the suffering, the
loss of life. But the House of Representatives can certainly, working
together with the Senate and the President, take strides to make sure
that we recognize our responsibility to the Holocaust survivors and to
end this sad chapter of the world and at least do what we can to help
those victims put their lives back together.
Mr. LANTOS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. GILMAN. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Gilman) that the House suspend the rules
and agree to the resolution, H. Res. 557.
The question was taken.
Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on the motion will be
postponed.
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