[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 447 Reported in Senate (RS)]
<DOC>
Calendar No. 274
115th CONGRESS
1st Session
S. 447
To require reporting on acts of certain foreign countries on Holocaust
era assets and related issues.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2017
Ms. Baldwin (for herself, Mr. Rubio, Mr. Blumenthal, Mr. Casey, Mrs.
Feinstein, Mrs. Gillibrand, Mr. Hatch, Mr. Johnson, Mr. Markey, Mr.
McCain, Mr. Peters, Mr. Schumer, Mr. Thune, Ms. Warren, Mr. Booker, Mr.
Menendez, Mr. Young, Mr. Scott, Mr. Coons, Mr. Gardner, and Mr. Cardin)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
December 5, 2017
Reported by Mr. Corker, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To require reporting on acts of certain foreign countries on Holocaust
era assets and related issues.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Justice for Uncompensated
Survivors Today (JUST) Act of 2017''.</DELETED>
<DELETED>SEC. 2. ANNUAL REPORTING ON HOLOCAUST ERA ASSETS AND RELATED
ISSUES.</DELETED>
<DELETED> (a) In General.--For covered countries, the Secretary of
State shall annually include within either the relevant Annual Country
Report on Human Rights, the International Religious Freedom Report, or
other appropriate report as determined by the Secretary, an assessment
and description of the nature and extent of national laws or
enforceable policies regarding the identification and the return of or
restitution for wrongfully seized or transferred Holocaust era assets
and compliance with or progress toward the goals and objectives of the
2009 Terezin Declaration on Holocaust Era Assets and Related Issues,
including--</DELETED>
<DELETED> (1) the return to the rightful owner of any
property, including religious or communal property, that was
wrongfully seized or transferred;</DELETED>
<DELETED> (2) if return of such property is no longer
possible, the provision of comparable substitute property or
the payment of equitable compensation to the rightful owner in
accordance with principles of justice and through an
expeditious claims-driven administrative process that is just,
transparent, and fair;</DELETED>
<DELETED> (3) the use of the Washington Conference
Principles on Nazi-Confiscated Art, agreed to December 3, 1998,
and the Terezin Declaration on Holocaust Assets and Related
Issues, agreed to June 30, 2009, in settling all claims
involving publically and privately held movable
property;</DELETED>
<DELETED> (4) the restitution of heirless property to assist
needy Holocaust survivors, and for other purposes;</DELETED>
<DELETED> (5) the extent to which such laws and policies are
implemented and enforced in practice, including through any
applicable administrative or judicial processes; and</DELETED>
<DELETED> (6) the mechanism for and demonstrable progress on
the resolution of claims for United States citizen Holocaust
survivors and United States citizen family members of Holocaust
victims.</DELETED>
<DELETED> (b) Effective Date of Inclusion.--</DELETED>
<DELETED> (1) Inclusion in annual country report on human
rights or international religious freedom report.--If the
Secretary of State includes the information required under
subsection (a) in the report required under section 116(d) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) or the
report required under section 102(b) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6412(b)), the
requirement to include such information shall apply beginning
with the first report submitted later than 180 days after the
date of the enactment of this Act.</DELETED>
<DELETED> (2) Inclusion in other department of state
report.--If the Secretary of State includes the information
required under subsection (a) in an existing report of the
Department of State other than a report described in paragraph
(1), the requirement to include such information shall apply
beginning with the first report submitted later than 180 days
after the date of the enactment of this Act.</DELETED>
<DELETED> (3) Inclusion in new report.--If the Secretary of
State includes the information required under subsection (a) in
a new report, the Secretary shall submit such report not later
than one year after the date of the enactment of this
Act.</DELETED>
<DELETED> (c) Definitions.--In this section:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate;
and</DELETED>
<DELETED> (B) the Committee on Foreign Affairs and
the Committees on Appropriations of the House of
Representatives.</DELETED>
<DELETED> (2) Covered countries.--The term ``covered
countries'' means signatories to the 2009 Terezin Declaration
on Holocaust Era Assets and Related Issues that are determined
by the Special Envoy for Holocaust Issues, in consultation with
expert nongovernmental organizations, to be countries of
particular concern relative to the issues listed in subsection
(a).</DELETED>
<DELETED> (3) Wrongfully seized or transferred.--The term
``wrongfully seized or transferred'' includes confiscations,
expropriations, nationalizations, forced sales or transfers,
and sales or transfers under duress during the Holocaust era or
the period of Communist rule of a covered country.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Uncompensated Survivors
Today (JUST) Act of 2017''.
SEC. 2. REPORT ON HOLOCAUST ERA ASSETS AND RELATED ISSUES.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Covered countries.--The term ``covered countries''
means participants in the 2009 Holocaust Era Assets Conference
that are determined by the Secretary of State, or the
Secretary's designee, in consultation with expert
nongovernmental organizations, to be countries of particular
concern relative to the issues listed in subsection (b).
(3) Wrongfully seized or transferred.--The term
``wrongfully seized or transferred'' includes confiscations,
expropriations, nationalizations, forced sales or transfers,
and sales or transfers under duress during the Holocaust era or
the period of Communist rule of a covered country.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of State shall submit a report to
the appropriate congressional committees that assesses and describes
the nature and extent of national laws and enforceable policies of
covered countries regarding the identification and the return of or
restitution for wrongfully seized or transferred Holocaust era assets
consistent with, and evaluated with respect to, the goals and
objectives of the 2009 Holocaust Era Assets Conference, including--
(1) the return to the rightful owner of any property,
including religious or communal property, that was wrongfully
seized or transferred;
(2) if return of any property described in paragraph (1) is
no longer possible, the provision of comparable substitute
property or the payment of equitable compensation to the
rightful owner in accordance with principles of justice and
through an expeditious claims-driven administrative process
that is just, transparent, and fair;
(3) in the case of heirless property, the provision of
property or compensation to assist needy Holocaust survivors,
to support Holocaust education, and for other purposes;
(4) the extent to which such laws and policies are
implemented and enforced in practice, including through any
applicable administrative or judicial processes; and
(5) to the extent practicable, the mechanism for and an
overview of progress toward the resolution of claims for United
States citizen Holocaust survivors and United States citizen
family members of Holocaust victims.
(c) Sense of Congress.--It is the sense of Congress that after the
submission of the report described in subsection (b), the Secretary of
State should continue to report to Congress on Holocaust era assets and
related issues in a manner that is consistent with the manner in which
the Department of State reported on such matters before the date of the
enactment of the Act.
Calendar No. 274
115th CONGRESS
1st Session
S. 447
_______________________________________________________________________
A BILL
To require reporting on acts of certain foreign countries on Holocaust
era assets and related issues.
_______________________________________________________________________
December 5, 2017
Reported with an amendment