H.Res. 191House109th Congress (2005-2007)Passed Congress

Urging the Government of Romania to recognize its responsibilities to provide equitable, prompt, and fair restitution to all religious communities for property confiscated by the former Communist government in Romania.

Sponsored by Tom LantosRep. Tom Lantos (D-CA)
Introduced April 6, 2005

Legislative Activity

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11 earlier actions
HouseFloor Latest Action

Motion to reconsider laid on the table Agreed to without objection.

May 23, 2005 • 4:37 PM

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HouseIntro Referral

Introduced in House

April 6, 2005

HouseIntro Referral

Referred to the House Committee on International Relations.

April 6, 2005

HouseCommittee

Referred to the Subcommittee on Europe and Emerging Threats.

April 12, 2005

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 18, 2005

HouseCommittee

Ordered to be Reported by Unanimous Consent.

May 18, 2005

HouseCommittee

Subcommittee on Europe and Emerging Threats Discharged.

May 18, 2005

HouseFloor

Ms. Ros-Lehtinen moved to suspend the rules and agree to the resolution, as amended.

May 23, 2005 • 4:27 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H3729-3732)

May 23, 2005 • 4:28 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H. Res. 191.

May 23, 2005 • 4:28 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and agree to the resolution, as amended Agreed to by voice vote.(text: CR H3729)

May 23, 2005 • 4:37 PM

HouseFloor

On motion to suspend the rules and agree to the resolution, as amended Agreed to by voice vote. (text: CR H3729)

May 23, 2005 • 4:37 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 23, 2005 • 4:37 PM

Floor Debate

5 members

What members said about H.Res. 191 on the floor

2 Republicans3 Democrats
Eliot L. Engel
Rep. Eliot L. EngelD-NY-17 · May 23, 2005

Mr. Speaker, I yield myself such time as I may consume. I rise in support of House Resolution 191. I first want to thank the gentleman from Illinois (Mr. Hyde) for his effort in bringing this…

Tom Lantos
Rep. Tom LantosD-CA-12 · May 23, 2005

Mr. Speaker, I want to acknowledge the cooperation of our distinguished colleague from Colorado, a member of the International Relations Committee, Mr. Tancredo, for his excellent cooperation and…

Ileana Ros-Lehtinen
Rep. Ileana Ros-LehtinenR-FL-18 · May 23, 2005

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 191) urging the Government of Romania to recognize its responsibilities to provide equitable, prompt, and fair…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · May 23, 2005

Mr. Speaker, I am pleased to be a cosponsor of this bill, and I commend Mr. Lantos and Mr. Tancredo for bringing this matter before the Congress. The process of providing restitution or compensation…

Benjamin L. Cardin
Rep. Benjamin L. CardinD-MD-3 · May 23, 2005

Mr. Speaker, I rise in support of H. Res. 191 and I commend Mr. Lantos and Mr. Tancredo for bringing the issue of property restitution in Romania before the Congress. More than 15 years since the…

Bill Text

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Engrossed in HouseIssued May 23, 2005
        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 191 Engrossed in House (EH)]

In the House of Representatives, U.S.,

May 23, 2005.
Whereas the establishment of a Communist government in Romania after World War
II proved disastrous for established religious institutions;
Whereas a central element of persecution by the Communist government in Romania
was the uncompensated confiscation of real and personal property from
religious communities and from leaders of religious communities, and the
arrest and persecution of religious leaders;
Whereas 2,140 schools, hospitals, orphanages, and other charitable and civic
institutions were illegally confiscated under communism from the four
historic Hungarian churches (Roman Catholic, Hungarian Reformed,
Evangelical Lutheran, and Unitarian) and actual possession and use of
such properties has been denied in all but 30 cases;
Whereas Romania's wartime Fascist government began the process of confiscating
Jewish property in September 1940 and its postwar Communist government
reaffirmed most of these confiscations;
Whereas only a handful of Jewish communal properties have been restituted, often
with government agencies still using the facilities and paying no rent,
and over 1,000 communal properties remain in the possession of the
Government of Romania;
Whereas some Jewish claims have been willfully ignored for years, such as in the
case of agricultural land in Iasi, where municipal authorities continue
to sell parcels of this land;
Whereas on January 2, 1990, under terms of Decree-Law 126/1990, the 1948 decree
which dissolved the Romanian Greek Catholic Church was abrogated,
permitting Greek Catholics again to worship openly, and legal provisions
and procedures were established for the return of confiscated properties
that before 1948 belonged to the Greek Catholic Church;
Whereas the commission established under Decree-Law 126/1990 composed of
representatives of the Romanian Government and Greek Catholic Church has
proven ineffective in resolving disputed claims;
Whereas Romanian Law No. 501/2002, providing for the restitution of religious
properties, was adopted in June 2002 without consultation with the
affected religious communities, does not effectively meet the needs of
those communities, contains numerous legal deficiencies, and is delayed
in its implementation;
Whereas all of the religious communities have demanded the return of property
seized by the Romanian Communist government;
Whereas since 1990, post-Communist countries in Central and Eastern Europe have
grappled with the question of how to redress these wrongful
confiscations of religious property, but Romania has lagged
significantly behind other post-Communist countries;
Whereas since the early 1990s, the United States Commission on Security and
Cooperation in Europe has monitored the property restitution and
compensation efforts being made by the governments of post-Communist
countries in Central and Eastern Europe;
Whereas with respect to the role of the Romanian courts in the restitution
process, the Chairman of the United States Commission on Security and
Cooperation in Europe observed: ``In the mid-1990s . . . hundreds of
court decisions in favor of property claimants were reversed by the
Supreme Court after they had become final and irrevocable judgments. The
European Court of Human Rights has recently ruled that these actions
violated the European Convention on Human Rights.''; and
Whereas Article 18 of the Universal Declaration of Human Rights provides that
``[e]veryone has the right to freedom of thought, conscience and
religion; this right includes freedom to change his religion or belief,
and freedom, either alone or in community with others and in public or
private, to manifest his religion or belief in teaching, practice,
worship and observance.'': Now, therefore, be it
Resolved, That the House of Representatives--
(1) notes with concern the unwillingness of past governments of
Romania to recognize the responsibility to provide equitable, prompt,
and fair restitution of religious property that was confiscated by the
former Communist government of Romania;
(2) calls on the Government of Romania--
(A) to respect the constitutional rights of existence and
practice of all religious communities to celebrate and practice
their own religion in respectable locations, the right to
propagate the given beliefs, and the right to openly communicate
the beliefs and laws of the religion;
(B) to provide fair, prompt, and equitable restitution to
all religious communities under Romanian law and in accordance
with the Constitution of Romania and all applicable
international agreements to which Romania is a party; and
(C) to provide restitution for the property rights of all
agricultural and forestry lands belonging to religious
communities;
(3) calls upon the Government of Romania to amend Decree-Law 126/
1990 to require that claims involving Romanian Greek Catholic properties
be heard by an independent, disinterested, nonreligious commission, and
calls upon the Government of Romania to prevent the demolition of Greek
Catholic churches and to provide immediately for the security of all
Greek Catholic churches and other religious buildings dating from the
18th and 19th centuries; and
(4) with respect to Romanian Law No. 501/2002, calls upon the
Government of Romania--
(A) to amend the law to reflect the principle of
``restitution in integrum'' as urged by Resolution 1123/1997 of
the Parliamentary Assembly of the Council of Europe and to
restore full ownership of all property and all rights emanating
from such ownership;
(B) to amend the law to reduce the five-year period to one
year during which public institutions can continue to occupy
confiscated religious properties;
(C) to amend the law to include compensation, according to
an equitable formula, for demolished religious properties;
(D) to increase to fair market value the amount of rent paid
to religious communities for properties of which they cannot
immediately regain use under law;
(E) to eliminate the practice of requiring monetary
compensation from religious communities to cover state costs for
maintenance and ``improvement'' of the buildings since their
confiscation in the 1940s; and
(F) to obligate local government officials, bodies, and
agencies to provide all necessary documentation and cooperation
to facilitate the implementation of decisions issued by the
central government's Special Restitution Committee and to cease
posing court challenges and other obstacles against such
implementation.
Attest:

Clerk.