[Congressional Record (Bound Edition), Volume 155 (2009), Part 10]
[Senate]
[Pages 12886-12887]
[From the U.S. Government Publishing Office, www.gpo.gov]




SENATE CONCURRENT RESOLUTION 23--SUPPORTING THE GOALS AND OBJECTIVES OF 
             THE PRAGUE CONFERENCE ON HOLOCAUST ERA ASSETS

  Mr. CARDIN (for himself, Mr. Lugar, and Mr. Nelson of Florida) 
submitted the following concurrent resolution; which was referred to 
the Committee on Foreign Relations:

                            S. Con. Res. 23

       Whereas the Government of the Czech Republic will host the 
     Conference on Holocaust Era Assets in Prague from June 26, 
     2009, through June 30, 2009 (in this preamble referred to as 
     the ``Prague Conference'');
       Whereas the Prague Conference will facilitate a review of 
     the progress made since the 1998 Washington Conference on 
     Holocaust Era Assets, in which 44 countries, 13 non-
     governmental organizations, and numerous scholars and 
     Holocaust survivors participated;
       Whereas a high-level United States delegation participated 
     in the Washington Conference, led by then-Under Secretary of 
     State for Economic, Business and Agricultural Affairs Stuart 
     Eizenstat, Nobel Peace Laureate Elie Wiesel, Federal Judge 
     Abner Mikva, senior diplomats, and a bipartisan group of 
     Members of Congress;
       Whereas then-Secretary of State Madeleine Albright 
     delivered the keynote address at the Washington Conference, 
     articulating the commitment of the United States to Holocaust 
     survivors and urging conference participants to ``chart a 
     course for finishing the job of returning or providing 
     compensation for stolen Holocaust assets to survivors and the 
     families of Holocaust victims'';
       Whereas the Prague Conference is expected to review the 
     issues agreed on at the Washington Conference, including 
     issues relating to financial assets, bank accounts, 
     insurance, and other financial properties;
       Whereas the Prague Conference is expected to include a 
     special session on social programs for Holocaust survivors 
     and other victims of Nazi atrocities;
       Whereas at the Prague Conference, working groups are 
     expected to convene to discuss Holocaust education, 
     remembrance and research, looted art, Judaica and Jewish 
     cultural property, and immovable property, including both 
     private, religious, and communal property;
       Whereas the participation and leadership of the United 
     States at the highest level is critically important to ensure 
     a successful outcome of the Prague Conference;
       Whereas Congress supports further inclusion of Holocaust 
     survivors and their advocates in the planning and proceedings 
     of the Prague Conference;
       Whereas the United States strongly supports the immediate 
     return of, or just compensation for, property that was 
     illegally confiscated by Nazi and Communist regimes;
       Whereas many Holocaust survivors lack the means for even 
     the most basic necessities, including proper housing and 
     health care;
       Whereas the United States and the international community 
     have a moral obligation to uphold and defend the dignity of 
     Holocaust survivors and to ensure their well-being;
       Whereas the Prague Conference is a critical forum for 
     effectively addressing the increasing economic, social, 
     housing, and health care needs of Holocaust survivors in 
     their waning years;
       Whereas then-Senator Barack Obama, during his visit in July 
     2008 to the Yad Vashem Holocaust Memorial in Israel, stated, 
     ``Let our children come here and know this history so they 
     can add their voices to proclaim `never again.' And may we 
     remember those who perished, not only as victims but also as 
     individuals who hoped and loved and dreamed like us and who 
     have become symbols of the human spirit.''; and
       Whereas the Prague Conference may represent the last 
     opportunity for the international community to address 
     outstanding Holocaust-era issues: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That Congress--
       (1) supports the goals and objectives of the 2009 Prague 
     Conference on Holocaust Era Assets;
       (2) applauds the Government of the Czech Republic for 
     hosting the Prague Conference and for its unwavering 
     commitment to addressing outstanding Holocaust-era issues;
       (3) applauds the countries participating in the Prague 
     Conference for the decision to seek justice for Holocaust 
     survivors and to promote Holocaust remembrance and education;
       (4) expresses strong support for the decision by those 
     countries to make the economic, social, housing, and health 
     care needs of Holocaust survivors a major focus of the Prague 
     Conference, especially in light of the advanced age of the 
     survivors, whose needs must be urgently addressed;
       (5) urges countries in Central and Eastern Europe that have 
     not already done so--
       (A) to return to the rightful owner any property that was 
     wrongfully confiscated or transferred to a non-Jewish 
     individual; or
       (B) if return of such property is no longer possible, to 
     pay equitable compensation to the rightful owner in 
     accordance with principles of justice and through an 
     expeditious claims-driven administrative process that is 
     just, transparent, and fair;
       (6) urges all countries to make a priority of returning to 
     Jewish communities any religious or communal property that 
     was stolen as a result of the Holocaust;
       (7) calls on all countries to facilitate the use of the 
     Washington Conference Principles on Nazi-Confiscated Art, 
     agreed to December 3, 1998, in settling all claims involving 
     publically and privately held objects;
       (8) calls on the President to send a high-level official, 
     such as the Secretary of State or an appropriate designee, to 
     represent the United States at the Prague Conference; and
       (9) urges other invited countries to participate at a 
     similarly high level.

  Mr. CARDIN. Mr. President, today I am introducing a resolution to 
support the goals and objectives of the Prague Conference on Holocaust 
Era Assets.
  The Prague Conference, which will be held June 26 through June 30, 
will serve as a forum to review the achievements of the 1998 Washington 
Conference on Holocaust Era Assets. That meeting

[[Page 12887]]

brought together 44 nations, 13 nongovernmental organizations, 
scholars, and Holocaust survivors, and helped channel the political 
will necessary to address looted art, insurance claims, communal 
property, and archival issues. The conference also examined the role of 
historical commissions and Holocaust education, remembrance, and 
research. While the Washington Conference was enormously useful, more 
can and should be done in all of these areas. Accordingly, the Prague 
Conference provides an important opportunity to identify specific 
additional steps that countries can still take.
  I would like to highlight just a couple of examples that, in my view, 
underscore the need to get more done.
  First I would like to mention the case of Martha Nierenberg's looted 
family artwork in Hungary. In a nutshell, Ms. Nierenberg's family had 
extensive property stolen by the Nazis, including some artwork. When 
the communists came along, they took additional Nierenberg family 
property, and the artwork found its way into the museums of the 
Hungarian communist regime.
  Under the terms of a foreign claims settlement agreement between the 
United States and Hungary, the Nierenberg family received limited 
compensation for some, but not all, of the stolen property. That 
agreement provided that the Nierenberg family was free to seek 
compensation for or restitution of other stolen property.
  In 1997, a Hungarian government committee affirmed that two Hungarian 
government museums possessed artwork belonging to the Nierenberg 
family. Unfortunately, to this day, it remains in these museums. As I 
have asked before, why would the Hungarian government insist on 
retaining custody of artwork stolen by the Nazis when it could return 
it to its rightful owner? It is entirely within the Hungarian 
government's capacity to make this gesture, and I still hope that they 
will do so--especially bearing in mind Hungary's own efforts to recover 
looted art from other countries.
  Second, I deeply regret that the question of private property 
compensation in Poland is still a necessary topic of discussion. Poland 
is singular in that it is the only country in central Europe that has 
not adopted any general private property compensation or restitution 
law.
  I know a draft private property compensation bill is currently being 
considered by the Polish Government. I also know that, in the 20 years 
since the fall of communism, Poland has tabled roughly half a dozen 
bills on this--all of which have failed. It would be great to see 
meaningful movement on this before the meeting in Prague, but this will 
not come about without meaningful leadership from both the government 
and the parliament.
  Finally, when I was in the Czech Republic last year, I expressed my 
disappointment to Czech officials, including to Jan Kohout who was just 
appointed Foreign Minister on May, that the Czech framework for making 
a property restitution claim effectively excludes those who fled 
Czechoslovakia and received both refuge and citizenship in the U.S. The 
United Nations Human Rights Committee has repeatedly argued that this 
violates the non-discrimination provision of the International Covenant 
on Civil and Political Rights. This could be fixed, I believe, by re-
opening the deadline for filing claims, as Czech parliamentarians Jiri 
Karas and Pavel Tollner recommended as long ago as 1999.
  The Holocaust left a scar that will not be removed by the Prague 
conference. But this upcoming gathering provides an opportunity for 
governments to make tangible and meaningful progress in addressing this 
painful chapter of history. I commend the Czech Republic for taking on 
the leadership of organizing this meeting and urge President Obama to 
send a high-level U.S. official to represent the U.S. at the 
conference.
  I am honored that the senior Senator from Indiana, who is the Ranking 
Member of the Senate Foreign Relations Committee, is cosponsoring this 
resolution, as is the senior Senator from Florida.

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