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America's Role in Addressing Outstanding Holocaust Issues Hearing AMERICA’S ROLE IN ADDRESSING OUTSTANDING HOLOCAUST ISSUES HEARING BEFORE THE SUBCOMMITTEE ON EUROPE OF THE COMMITTEE ON FOREIGN AFFAIRS HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS FIRST SESSION OCTOBER 3, 2007 Serial No. 110–110 Printed for the use of the Committee on Foreign Affairs ( Available via the World Wide Web: http://www.foreignaffairs.house.gov/ U.S. GOVERNMENT PRINTING OFFICE 38–141PDF WASHINGTON : 2007 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON FOREIGN AFFAIRS TOM LANTOS, California, Chairman HOWARD L. BERMAN, California ILEANA ROS-LEHTINEN, Florida GARY L. ACKERMAN, New York CHRISTOPHER H. SMITH, New Jersey ENI F.H. FALEOMAVAEGA, American DAN BURTON, Indiana Samoa ELTON GALLEGLY, California DONALD M. PAYNE, New Jersey DANA ROHRABACHER, California BRAD SHERMAN, California DONALD A. MANZULLO, Illinois ROBERT WEXLER, Florida EDWARD R. ROYCE, California ELIOT L. ENGEL, New York STEVE CHABOT, Ohio BILL DELAHUNT, Massachusetts THOMAS G. TANCREDO, Colorado GREGORY W. MEEKS, New York RON PAUL, Texas DIANE E. WATSON, California JEFF FLAKE, Arizona ADAM SMITH, Washington JO ANN DAVIS, Virginia RUSS CARNAHAN, Missouri MIKE PENCE, Indiana JOHN S. TANNER, Tennessee JOE WILSON, South Carolina GENE GREEN, Texas JOHN BOOZMAN, Arkansas LYNN C. WOOLSEY, California J. GRESHAM BARRETT, South Carolina SHEILA JACKSON LEE, Texas CONNIE MACK, Florida RUBE´ N HINOJOSA, Texas JEFF FORTENBERRY, Nebraska JOSEPH CROWLEY, New York MICHAEL T. MCCAUL, Texas DAVID WU, Oregon TED POE, Texas BRAD MILLER, North Carolina BOB INGLIS, South Carolina LINDA T. SA´ NCHEZ, California LUIS G. FORTUN˜ O, Puerto Rico DAVID SCOTT, Georgia GUS BILIRAKIS, Florida JIM COSTA, California ALBIO SIRES, New Jersey GABRIELLE GIFFORDS, Arizona RON KLEIN, Florida ROBERT R. KING, Staff Director YLEEM POBLETE, Republican Staff Director SUBCOMMITTEE ON EUROPE ROBERT WEXLER, Florida, Chairman JOHN S. TANNER, Tennessee ELTON GALLEGLY, California RUBE´ N HINOJOSA, Texas JOE WILSON, South Carolina BRAD MILLER, North Carolina TED POE, Texas LINDA T. SA´ NCHEZ, California BOB INGLIS, South Carolina JIM COSTA, California LUIS G. FORTUN˜ O, Puerto Rico ELIOT L. ENGEL, New York GUS BILIRAKIS, Florida ALBIO SIRES, New Jersey JONATHAN KATZ, Subcommittee Staff Director ERIC JOHNSON, Subcommittee Professional Staff Member RICHARD MEREU, Republican Professional Staff Member MARIANA MAGUIRE, Staff Associate (II) C O N T E N T S Page WITNESSES The Honorable J. Christian Kennedy, Special Envoy for Holocaust Issues, Bureau of European and Eurasian Affairs, U.S. Department of State ........... 4 Mr. Gideon Taylor, Executive Vice President, Conference on Jewish Material Claims Against Germany, Inc. ............................................................................ 23 Mr. Jehuda Evron, President, Holocaust Restitution Committee ....................... 39 Mr. Sidney Zabludoff, Former Consultant, Conference on Jewish Material Claims Against Germany, Inc. ............................................................................ 41 Mr. Jack Rubin, Holocaust Survivor, Member of the Advisory Committee, Holocaust Survivors of West Palm Beach .......................................................... 44 Mr. Alex Moskovic, Holocaust Survivor, Member of the Board of Directors and Executive Committee, Holocaust Survivors Foundation USA, Inc. .......... 72 LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING The Honorable J. Christian Kennedy: Prepared statement ................................. 6 Mr. Gideon Taylor: Prepared statement ................................................................ 26 Mr. Jehuda Evron: Prepared statement ................................................................ 40 Mr. Sidney Zabludoff: Prepared statement ........................................................... 43 Mr. Jack Rubin: Prepared statement ..................................................................... 46 Various articles .................................................................................................... 48 Mr. Alex Moskovic: Prepared statement ................................................................ 73 (III) AMERICA’S ROLE IN ADDRESSING OUTSTANDING HOLOCAUST ISSUES WEDNESDAY, OCTOBER 3, 2007 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON EUROPE, COMMITTEE ON FOREIGN AFFAIRS, Washington, DC. The subcommittee met, pursuant to notice, at 1:03 p.m. in room 2172, Rayburn House Office Building, Hon. Robert Wexler (chair- man of the subcommittee) presiding. Mr. WEXLER. The Subcommittee on Europe will come to order. I want to thank Mr. Smith for joining with us today. There will be others, I know, that will be joining shortly. It is my privilege to represent one of the largest Holocaust sur- vivor populations in the country, and it is my intention today to shed light on several unresolved Holocaust issues including the dis- appointing International Commission of Holocaust Era Insurance Claims (ICHEIC) process, unresolved property restitution issues in Central and Eastern Europe, the long overdue transfer of Holo- caust archives from Bad Arolsen, and the outstanding pension ben- efits issues for survivors. More importantly, this hearing will focus on issues of concern to Holocaust survivors in the United States and globally, and examine what issues need to be addressed in the later years of their lives. It is self-evident that we have a unique obligation to survivors of the Holocaust. They are living victims of unconscionable atroc- ities, and their voices, desires, and concerns must be heard, re- spected, and addressed. Since the end of World War II, a concerted effort has been under- taken both in the United States and abroad at the government and nongovernmental levels to assist victims of Nazi atrocities. Billions have been paid out in compensation, restitution given to hundreds of thousands of survivors, stolen art and property returned to their rightful owners, and millions spent on Shoah documentation, edu- cation, and research. There has also been a concerted effort to en- sure Holocaust remembrance, combat Holocaust denial and revi- sionism, and ensure that anti-Semitism and hatred in its darkest form do not appear again in Europe or around the globe. The American Jewish community, American Jewish organiza- tions, the survivor community, and previous U.S. administrations, have worked with the international community and should be ap- plauded for their Herculean effort which has often been painstak- ingly difficult, with many obstacles and setbacks, and at times met with strident opposition. (1) 2 Despite over a 60-year effort by courageous individuals, govern- ments, and dedicated organizations to bring a measure of justice for Shoah victims, there remain several outstanding Holocaust issues that have yet to be resolved. First, it is critical that we address the unacceptable plight of sur- vivors, including many who live below the poverty line and cannot afford adequate health insurance. According to a 2003 survey of American survivors by the UJA Federation, one-fourth of Holocaust survivors in America live below the poverty level. In Israel, an April 2007 report by the Holocaust Survivors Welfare Fund stated that nearly one-third of survivors live in poverty. This brings me to the issue of unmet Holocaust era claims. It is an indisputable fact that there are individuals, organizations, and companies that have unconscionably profited from the Holocaust. And while this state of affairs may never be fully rectified, it is im- perative that we continue to seek a just resolution to these issues. Over the past several years, I have joined with my colleagues in a bipartisan fashion to correct past wrongs relating to the Holo- caust, including working with organizations such as the Claims Conference on addressing onerous restrictions on German ghetto pensions, and calling for legislation to rectify Polish and Eastern European property restitution. We have also worked closely with survivor groups to address the unacceptably low percentage of claims awarded by ICHEIC, and the critical need to open the Inter- national Tracing Service archives in Bad Arolsen, Germany. In the course of these efforts, I was shocked to learn that the ob- stacles Holocaust survivors face are often insurmountable, and the claims process is wrapped in so many layers of bureaucracy that even the combined powers of Congress, the State Department, and the global efforts from Jewish and survivor organizations have fall- en short of the desired outcome. To address the ICHEIC process that I believe has failed tens of thousands of survivors, I sponsored legislation, along with my col- league, Ileana Ros-Lehtinen, which would require insurance com- panies doing business in the United States to publicly disclose all Holocaust era insurance policies. This legislation also allows Holo- caust victims and descendents to bring action in U.S. courts to set- tle claims. Given ICHEIC’s glaring shortcomings, it is incumbent upon Con- gress to pass legislation that will provide a legal avenue for sur- vivors to resolve outstanding cases. Congress must speak clearly that there will be no unjust enrichment from atrocities. In the words of Mr. David Schaecter, the Holocaust survivor who testified before this committee in March and joins with us today, ‘‘Restitu- tion has a material and moral dimension,’’ and this
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