[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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