[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