Opening statement of Chairman Robert Wexler

Subcommittee on Europe hearing on

‘America’s Role in Addressing Outstanding Holocaust Issues’

October 3, 2007

The Subcommittee on Europe will come to order. 

It is my privilege to represent one of the largest Holocaust survivor populations in the country, and it is my intention today to shed light on several unresolved Holocaust issues including the disappointing International Commission of Holocaust Era Claims [ICHEIC] process, unresolved property restitution issues in Central and Eastern Europe, the long overdue transfer of Holocaust archives from Bad Arolsen and the outstanding pension benefits 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 the living victims of unconscionable atrocities and their voices, desires and concerns must be heard, respected and addressed.

Since the end of World War II a concerted effort has been undertaken both in the US and abroad, at the government and non-governmental 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, education and research.  There has also been a concerted effort to ensure Holocaust remembrance, combat Holocaust denial and revisionism 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 Organizations, the Survivor Community and previous US Administrations have worked with the international community and should be applauded for their Herculean effort – which has often been painstakingly difficult with many obstacles, setbacks and at times met with strident opposition.  Despite over a 60 year effort by courageous individuals, governments and dedicated organizations -- to bring a measure of justice for Shoah victims -- there remains several outstanding Holocaust issues that have yet to be resolved.

First, it is critical that we address the unacceptable plight of survivors including many who live below the poverty line and cannot afford adequate health insurance.

According to a 2003 survey of American survivors by UJA-Federation one-fourth of Holocaust survivors in the America live below the poverty level.  In Israel, an April 2007 report by the Holocaust Survivor’s 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 imperative that we continue to seek a just resolution to these issues.

Over the past several years, I have joined my colleagues in a bipartisan effort to correct past wrongs relating to the Holocaust, 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 International Tracing Service archives in Bad Arolsen, Germany.

In the course of these efforts, I was shocked to learn that the obstacles Holocaust survivors face are often insurmountable and the claims process is wrapped in so many layers of bureaucracy, that even the combined powers of the Congress, the State Department and global efforts from Jewish and Survivor organizations have fallen far short of the desired outcome.

To address an ICHEIC process that I believe has failed tens of thousands of survivors, I sponsored legislation along with my colleague, Ileana Ros-Lehtinen, which would require insurance companies doing business in the United States to publicly disclose all Holocaust-era insurance policies. This legislation also allows Holocaust victims and descendents to bring action in U.S. courts to settle claims. 

Given ICHEIC’s glaring shortcomings – it is incumbent on Congress to pass legislation that will provide a legal avenue for Survivors to resolve outstanding cases.   Congress must speak clearly that there will be no unjust enrichment from atrocities.

In the words of Mr. David Schaecter, a Holocaust survivor who testified before this committee in March: “Restitution has a material and moral dimension” and this hearing should enable us to examine both of these dimensions today.