III 

110TH CONGRESS 

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 


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HCON 371 RFS 

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 


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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 postCommunist 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 proVerDate Aug 31 2005 05:52 Oct 03, 2008 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\HC371.RFS HC371

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vides for the restitution of, or compensation for, Jewish 

communal property seized and confiscated by the Nazi 

and Communist regimes: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That Congress— 

3 (1) praises the efforts by those countries in 

4 Central and Eastern Europe that have enacted legis5 lation for the restitution of, or compensation for, 

6 private and communal religious property improperly 

7 confiscated during the Nazi and Communist eras 

8 and urges each of those countries to ensure that the 

9 legislation is effectively and justly implemented; 

10 (2) urges the countries in Central and Eastern 

11 Europe which have not already done so to return 

12 looted and confiscated properties to their rightful 

13 owners or, where restitution is not possible, pay eq14 uitable compensation, in accordance with principles 

15 of justice and in an expeditious manner that is just, 

16 transparent, and fair; 

17 (3) calls on the Government of Poland to— 

18 (A) immediately enact fair, comprehensive, 

19 and just legislation so that persons (or the heirs 

20 of such persons) who had their private property 

21 seized and confiscated by the Nazis during 

22 World War II or subsequently seized by the 

23 Communist Polish government after the war 


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1 are able to obtain either restitution of their 

2 property or, where restitution is not possible, 

3 fair compensation should be paid; and 

4 (B) ensure that such restitution and com5 pensation legislation establishes an 

6 unbureaucratic, simple, transparent, and timely 

7 process, so that it results in a real benefit to 

8 those many persons who suffered from the un9 just such confiscation of their property, many 

10 of whom are well into their 80s or older; 

11 (4) calls on the Government of Lithuania to im12 mediately implement, fair, comprehensive, and just 

13 legislation so communities that had communal and 

14 religious property seized and confiscated by the 

15 Nazis during World War II or subsequently seized 

16 by the Communist Lithuanian government after 

17 World War II (or the relevant successors to the com18 munal and religious property or the relevant founda19 tion) are able to obtain either restitution of their 

20 property or, where restitution is not possible, fair 

21 compensation; 

22 (5) calls on the President and the Secretary of 

23 State to continue to engage in an open dialogue with 

24 the Governments of Poland and Lithuania sup25 porting the adoption of legislation requiring, in PoVerDate Aug 31 2005 05:52 Oct 03, 2008 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\HC371.RFS HC371

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1 land, the fair, comprehensive, and nondiscriminatory 

2 restitution of, or compensation for, private property 

3 that was seized and confiscated during the Nazi and 

4 Communist eras and, in Lithuania, the fair, com5 prehensive, and just restitution of Jewish communal 

6 and religious property that was seized and con7 fiscated during the Nazi and Communist eras; and 

8 (6) calls on the Secretary of State to deliver a 

9 report to Congress, every six months, regarding the 

10 implementation of this concurrent resolution. 

Passed the House of Representatives September 23, 

2008. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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