As reported by the Senate Committee on the Judiciary on September 15, 2016
S. 3155 would clarify that importing works of art into the United States for temporary display is not a commercial activity, and thus that such works would be immune from seizure through the U.S. judicial process.
Under current law, works of art loaned by foreign governments generally are immune from certain decisions made by federal courts and cannot be confiscated as long as the President, or the President’s designee, determines that display of the works is in the national interest. However, commercial activity in which foreign governments are engaged does not have immunity in federal courts.
Based on information provided by the Administrative Office of the United States Courts, CBO estimates that implementing S. 3155 would have no significant effect on the federal budget. Enacting S. 3155 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting the legislation would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2027.
S. 3155 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would not affect the budgets of state, local, or tribal governments.
On March 30, 2015, CBO transmitted a cost estimate for H.R. 889, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, as ordered reported by the House Committee on the Judiciary on March 24, 2015. The two pieces of legislation are similar and CBO’s estimates of their budgetary effects are the same.