[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H. Con. Res. 371 Referred in Senate (RFS)]
2d Session
H. CON. RES. 371
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 24 (legislative day, September 17), 2008
Received
October 2 (legislative day, September 17), 2008
Referred to the Committee on Foreign Relations
_______________________________________________________________________
CONCURRENT RESOLUTION
Strongly supporting an immediate and just restitution of, or
compensation for, property illegally confiscated during the last
century by Nazi and Communist regimes.
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 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.
Passed the House of Representatives September 23, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.