[Congressional Record (Bound Edition), Volume 154 (2008), Part 15]
[House]
[Pages 20257-20260]
[From the U.S. Government Publishing Office, www.gpo.gov]




 SUPPORTING RESTITUTION FOR PROPERTY CONFISCATED BY NAZI AND COMMUNIST 
                                REGIMES

  Mr. SCOTT of Georgia. Madam Speaker, I move to suspend the rules and 
agree to the concurrent resolution (H. Con. Res. 371) strongly 
supporting an immediate and just restitution of, or compensation for, 
property illegally confiscated during the last century by Nazi and 
Communist regimes, as amended.
  The Clerk read the title of the concurrent resolution.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 371

       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

[[Page 20258]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia (Mr. Scott) and the gentlewoman from Florida (Ms. Ros-Lehtinen) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Georgia.


                             General Leave

  Mr. SCOTT of Georgia. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. SCOTT of Georgia. Madam Speaker, I rise in strong support of this 
resolution, and I yield myself as much time as I may consume.
  First I would like to thank the gentleman from Florida and the 
chairman of the Europe Subcommittee, Mr. Wexler, for introducing this 
important resolution calling for immediate and just restitution of 
illegally seized property from the Nazi era. Among the many atrocities 
perpetrated by the Nazis during World War II was the illegal 
confiscation of private homes, of businesses, of art work, and communal 
property. Many of these stolen assets were retained by the Communist 
governments after the war.
  While the vast majority of Central and Eastern European countries 
should be praised for passing property restitution laws in order to 
right historical wrongs, others have failed to enact necessary 
legislation, or they have thrown legal roadblocks in the way of 
individuals or religious and communal organizations who are seeking to 
reclaim property rightfully belonging to them.
  Though it had the largest pre-war Jewish community in Europe, Poland 
has, for over half a century, resisted efforts to return private 
property--be it homes or businesses--stolen by the Nazi and Communist 
governments to its original owners.
  I am very heartened now to learn that Polish Prime Minister Donald 
Tusk is currently finalizing a draft restitution bill, and I hope the 
Polish Parliament approves this long overdue legislation.
  My concern is that we have been down this road before with previous 
Polish governments, all of whom have failed to deliver on their 
promises. The Lithuanian Government has been similarly disappointing in 
its failure to implement fair and comprehensive restitution 
legislation.
  While it should be commended for enacting laws that provide 
restitution for individual property owners, attempts to pass 
legislation paving the way for the return of nonreligious communal 
Jewish property taken by the Nazis, such as schools and hospitals, have 
stalled.
  As many of those individuals awaiting restitution are in their waning 
years, it is imperative that the United States continue to encourage 
the governments of Poland, Lithuania, and others to adopt meaningful 
legislation ensuring the prompt return of or compensation for property 
seized during the Nazi and Communist eras.
  I strongly support this resolution, Madam Speaker, and I encourage my 
colleagues to join me in doing the same.
  I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Madam Speaker, I yield myself such time as I may 
consume.
  I also rise in strong support of House Concurrent Resolution 371 
which states the support of the Congress for just restitution or 
compensation for property illegally confiscated during the last century 
in certain countries of Eastern Europe.
  The tragedy of the Holocaust, in which millions of innocent people 
were murdered by the Nazis and their property illegally confiscated, 
was followed by oppression and continued confiscation under Communist 
regimes. The fresh air of freedom that entered with the collapse of the 
Communist bloc in Eastern Europe moved some post-Communist governments 
in the region to support justice for the victims of such property 
confiscation.
  Regrettably, as this resolution points out, the government of Poland 
has not enacted legislation that would provide for a process for the 
restitution of, and the compensation for, private property that had 
been seized, that had been confiscated illegally by those regimes.

[[Page 20259]]



                              {time}  1715

  Similarly, Lithuania has not implemented legislation that would 
provide for the restitution or compensation for communal property 
confiscated by the Nazi and Communist regimes.
  This resolution calls on the Polish government to enact such 
legislation. It calls on the lithuanian government to implement 
legislation so that communal or religious properties can be returned to 
their rightful owners or can provide them or their heirs with fair 
compensation.
  Madam Speaker, the resolution also calls on our President and our 
Secretary of State to engage the governments of Poland and Lithuania on 
these important issues.
  I urge my colleagues to support this important resolution.
  I reserve the balance of my time.
  Mr. SCOTT of Georgia. Madam Speaker, it is my distinct pleasure to 
extend 3 minutes to the distinguished congresswoman from Nevada, Ms. 
Shelley Berkley.
  Ms. BERKLEY. I thank the gentleman for yielding and for his 
leadership on this issue. Madam Speaker, I rise as a strong cosponsor 
of this legislation.
  While the Holocaust may have ended over 60 years ago, its effects are 
still very much felt today, and it is essential that we do not allow 
the victims of those horrific crimes to continue to be victimized by 
the circumstances that surround this issue today.
  Many survivors of the Holocaust have still not received proper 
restitution for their looted property, and the time is long past due to 
say ``enough.'' And let us take action on behalf of these survivors and 
the victims of the Holocaust.
  I would like to share with my colleagues a story of a constituent of 
mine, Dina Babbitt, who I have been working with for the last 10 years 
to get her property back, her rightful property back. Dina was a 20-
year-old young lady when she and her mother were interned in Auschwitz. 
Now Dina had a talent. Dina was an artist. Even at the age of 20 her 
talent was obvious.
  Joseph Mengele saw her work on one of the walls of the children's 
barracks where she had drawn a picture of Snow White and the Seven 
Dwarfs to cheer up the children that were in the children's barracks in 
Auschwitz. He singled her out, and what he started doing is, he would 
point out people that were interned at Auschwitz, the prisoners that 
were interned, and he would direct her to draw their pictures. And she 
would draw the picture. He didn't want to take a photograph because he 
couldn't get the color of the skin right, and she would draw the 
picture. After she drew the picture he would kill the inmate. Now Dina 
says she learned to draw very slowly at that time.
  She was liberated, and she and her mother fled Auschwitz. She 
eventually came to the United States of America where she worked at 
Disney Studios for well over 30 years of her life.
  She received a telephone call 25 years ago from the Polish 
Government. They said they had found artwork that they believe she had 
created and would she come to Poland to authenticate it. She became so 
thrilled that she could have something to give to her children and her 
grandchildren so that they would have a piece of her.
  She is convinced, and I believe this, too, that the artwork is the 
only thing that saved her and her mother. She was a Czechoslovakian 
Jew; 3,600 Czechoslovakian Jews were interned in Auschwitz, only 22 
survived. Dina and her mother were two of the 22 Czechoslovakian Jews 
that survived their time in Auschwitz.
  She went to Poland. She authenticated that those are my pictures, and 
they refused to give them to her. To this day, the Polish Government 
has not negotiated with Dina Babbitt one bit so she could get one or 
two or three of her pictures. There are seven that currently exist.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. SCOTT of Georgia. I yield the gentlelady 1 additional minute.
  Ms. BERKLEY. I thank the gentleman very much.
  I tell you this with all the passion that I could muster, that this 
woman should be able to get her property, her rightful property. This 
isn't even a purchase that she made that has been stolen from her. This 
came from her own hands, and I think it is time. That is why I so 
strongly support this resolution that people like Dina Babbitt, it is 
time, the time is long since past for Dina Babbitt and so many others 
to receive their just compensation.
  I urge support for this resolution. I look forward to the time that 
the Polish government and the Lithuanian government actually take 
positive steps to restore the treasure and the possessions of these 
people who have suffered so much.
  Ms. ROS-LEHTINEN. Madam Speaker, I have no further requests for time, 
if the gentleman also has no further requests for time.
  Mr. SCOTT of Georgia. I'd like to just add this one point in closing, 
that it is so important that we take this opportunity as a United 
States Congress to put pressure on Poland and Lithuania and other 
countries to adopt meaningful legislation ensuring prompt return and/or 
compensation for the property seized during the Nazi and Communist 
eras.
  This is the height of injustice. We have an opportunity to right a 
terrible wrong, and it is important that we pass this legislation and 
send a very strong message to these countries to finally, finally 
restore the property and/or the compensation to these individuals.
  I yield back the balance of my time.
  Mr. WEXLER. Madam Speaker, I rise in strong support of House 
Concurrent Resolution 371, which supports the fair, comprehensive and 
immediate restitution of property illegally confiscated during the last 
century by the Nazis, Nazi-allied governments and Communist regimes.
  As many of you know, survivors are in the waning years of their 
lives, and it is incumbent on Congress and the administration to 
clearly articulate our unequivocal support, as we have done in previous 
Congresses, for just and immediate property restitution or 
compensation.
  While there are some nations in Europe that have enacted legislation 
for the restitution of or compensation for private and communal 
property, there remain several that have not passed or implemented 
legislation.
  Congress and the administration must continue to work with and 
encourage our European allies to rectify historical wrongs and bring a 
measure of closure for Holocaust Survivors and those individuals who 
lived under the deadly yoke of Communism.
  Despite repeated promises by some governments, Holocaust survivors 
and heirs have struggled and waited for over six decades to recover 
their property or receive adequate compensation.
  The resolution before us today simply calls on Central and European 
countries, more specifically Poland and Lithuania, to enact fair, 
comprehensive and just legislation to allow for restitution of 
properties that were illegally taken away from citizens and communities 
during the last century.
  With respect to Poland, I want to commend Polish Prime Minister Tusk 
for his public commitment to introduce property restitution 
legislation. As the Polish government moves the legislative process 
forward, it is essential that a claims process be created that is un-
bureaucratic, simple, transparent and easy for claimants to use. I urge 
the Bush administration to continue to directly engage the Polish 
Government over the coming months and to express their strong support 
for a claims process that is fair and just for survivors and other 
claimants.
  I urge all of my colleagues to join me in support of this resolution 
and in support of fair and just property restitution, which is long 
overdue.
  Mr. ENGEL. Madam Speaker, I rise in support of H. Con. Res. 371 which 
strongly supports and immediate and just restitution of, or 
compensation for, property illegally confiscated during the last 
century by Nazi and Communist regimes. As a cosponsor of this important 
resolution, I believe that while we must recognize steps forward, 
countries in central and eastern Europe that have not already done so 
must return confiscated properties to their rightful owners or, where 
restitution is not possible, pay equitable compensation.
  In that vein, I would like to draw the attention of the House to one 
particular situation in Hungary. Since the end of the Cold War, Hungary 
has developed into a vibrant democracy, a member of the European Union, 
an important NATO ally, and a key friend of the United States.
  Yet, even with this great progress, Hungary's record on restitution 
for Holocaust victims is mixed, at best. Take the case of Martha 
Nierenberg, an 84-year-old U.S. citizen

[[Page 20260]]

who lives in New York State. Her grandfather amassed one of the 
preeminent art collections in Hungary, consisting of some 2,500 
paintings. After the Nazis occupied Hungary, some of those paintings 
were personally seized by Adolf Eichmann, the infamous implementer of 
the Final Solution, for shipment to Nazi Germany. Others were taken by 
the Hungarian government in collaboration with the Nazis and wound up 
after World War II in state owned museums in Budapest.
  Mrs. Nierenberg's mother began asking Hungary for the return of some 
of the paintings in 1996 and upon her mother's death, Mrs. Nierenberg 
began to request their return, as well. Hungary refused to return the 
paintings, even though there has been no question that the paintings 
belonged to Mrs. Nierenberg's grandfather and to her mother after his 
death. As a result, Mrs. Nierenberg was forced to sue in Hungary for 
the return of 12 paintings. She won initially in the lower court (which 
returned one painting to her), but the Hungarian government challenged 
the ruling, requiring her to endure 7 years of appeals. She finally 
lost the final court case earlier this year, on technical grounds.
  The Washington Principles adopted in 1998, and supported by the 
Hungarian government, require governments holding Holocaust property, 
such as Hungary, to arrive at a fair and equitable resolution of claims 
to the property. But, Hungary has not followed those principles and has 
not tried to reach a fair and equitable resolution of Mrs. Nierenberg's 
claims.
  The appearance, sadly, is that the Hungarian government wants to 
``run the clock'' on Mrs. Nierenberg, hoping that she will give up or 
die. But she will not give up, and Mrs. Nierenberg's children are as 
determined as she is to recover what is rightfully theirs.
  What is most shocking to me about this case is how quickly countries 
are able to disassociate their war-time complicity in the Nazi 
Holocaust from their holding of the war-time booty. During World War 
II, Hungary expelled 440,000 Jews, most of whom perished in Auschwitz. 
Ironically, Adolph Eichmann, who stole some of the Nierenberg 
paintings, was chief of the team of ``deportation experts'' that helped 
the Hungarian authorities send their country's Jewish population to its 
demise.
  Madam Speaker, Hungary has no moral claim to Mrs. Nierenberg's 
paintings and, should, at long last, do what is right. Therefore, as a 
cosponsor of H. Con. Res. 371, I urge the Hungarian government to 
return the paintings, at once, or work out a just resolution of this 
case with Mrs. Nierenberg in accordance with the Washington Principles.
  Ms. ROS-LEHTINEN. Madam 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 Georgia (Mr. Scott) that the House suspend the rules and 
agree to the concurrent resolution, H. Con. Res. 371, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the concurrent resolution, as amended, was 
agreed to.
  A motion to reconsider was laid on the table.

                          ____________________