[Congressional Record (Bound Edition), Volume 150 (2004), Part 13]
[Senate]
[Page 18298]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          HUNGARIAN GOLD TRAIN

  Mrs. CLINTON. Mr. President, on May 24, 2004, 17 Senators wrote to 
Attorney General John Ashcroft to urge him to resolve the claims 
brought by several thousand elderly Holocaust survivors in the matter 
of the Hungarian Gold Train. These survivors seek restitution and an 
accounting for the mishandling, loss and theft of their property in the 
years after World War II. Administrations of both parties have made 
clear our belief that when faced with evidence of wrongdoing, 
governments should not rely on legalisms and technicalities to avoid 
responsibility. Those of us who wrote the Attorney General hoped that 
our own Government would rise to the same level of accountability when 
its own conduct was at fault.
  Unfortunately, the Justice Department continues to resist these 
survivors strenuously in court. One disturbing tactic is to try to 
undercut the Government's own research and admissions. The facts about 
the Hungarian Gold Train were first brought to light by the 
Presidential Advisory Commission on Holocaust Assets, chaired by Edgar 
Bronfman, in a ``Progress Report'' issued in October 1999. The 
commission called the Gold Train ``a mysterious example of a single 
egregious failure of the United States to follow [its own] policy'' 
regarding restitution of Holocaust victims' property after World War 
II. Now, however, in its recent filings in Federal court, the Justice 
Department claims that the PCHA somehow retracted or backed away from 
its findings. However, I recently received a powerful letter from Edgar 
Bronfman, the chairman of that commission. Mr. Bronfman makes plain 
that the commission stands by its report, which, as he points out, is 
still prominently displayed on its website. I ask unanimous consent 
that Mr. Bronfman's letter be made part of the Congressional Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                 New York, NY,

                                                  August 25, 2004.
     Hon. Hillary R. Clinton,
     U.S. Senate,
     Washington, DC.
       Dear Senator: I have been reading your efforts as a member 
     of the United States Senate to address some of the open but 
     extremely important issues in the arena of restitution for 
     living victims of the Holocaust and their heirs. In 
     particular, I am aware, as was reported in the recent edition 
     of The National Journal, that you have taken on a leadership 
     role in seeking a fair and rapid settlement of the Hungarian 
     Gold Train matter.
       As you know, I had the privilege of serving as the Chairman 
     of the Presidential Advisory Commission on Holocaust Assets 
     in the United States (``PCHA'') from its inception in 1998 
     through its conclusion in December 2000.
       PCHA was established by act of Congress (P.L. 105-186) in 
     1998. the enabling legislation directed PCHA to ``conduct a 
     thorough study and develop a historical record of the 
     collection and disposition of the assets'' taken from victims 
     of the Holocaust by Nazi Germany or by the governments it 
     controlled, ``if such assets came into the possession or 
     control of the Federal Government'' at any time after January 
     30, 1933. As part of its task, PCHA was directed to file such 
     interim reports with the President as it deemed appropriate, 
     and to submit a final report to the President containing any 
     recommendations for legislative, administrative or other 
     actions it deemed necessary or appropriate.
       Puruant to its Congressional mandate PCHA issued one such 
     interim report on October 14, 1999, the Progress Report On: 
     The Mystery Of The Hungarian Gold Train (``Progress 
     Report''). The Progress Report is a comprehensive and in-
     depth historical analysis of the Gold Train story and is, in 
     my view, an accurate account of the United States' handling 
     and disposition of the ``Gold Train'' property. Tragically, 
     that report made public the long-concealed facts that the 
     United States mishandled the Hungarians' property and 
     disposed of it in violation of our laws, a blemish on an 
     otherwise magnificent record at that time.
       When I learned that the Department of Justice has 
     criticized the Progress Report, and attempted to minimize its 
     significance in the current Federal court litigation, I 
     wanted to contact you about this urgent matter and state my 
     position as the former PCHA Chairman.
       In December 2000 PCHA issued its final report as required 
     by P.L. 105-186. This report, Plunder and Restitution: The 
     U.S. and Holocaust Victims' Assets (``Plunder and 
     Restitution''), did not repeat all the findings of the 
     Progress Report. There was no need to repeat all of the 
     specific findings because they had already been made public 
     and remained available. Rather the findings were summarized 
     along with many others in the final report. In no way, 
     however, did PCHA intend to retract or retreat from the 
     findings of the Progress Report. In fact, for years the 
     Progress Report remained prominently displayed on PCHA's web 
     site and it remains there today at http://
www.holocaustassets.gov/.
       I hope this clarifies the historical record and addresses 
     any questions your colleagues may have on this point.
           Yours sincerely,
                                                Edgar M. Bronfman.

  Mrs. CLINTON. It is time for the Justice Department to do the right 
thing. It is time to stop the delay and stop hiding behind legalisms 
and technicalities. The Government should work with the survivors to 
pay fair, timely and long overdue restitution. As my colleagues and I 
wrote in May, for these survivors, justice delayed is justice denied.

                          ____________________