IB 

Union Calendar No. 285 

112TH CONGRESS 

2D SESSION H. R. 4086 

[Report No. 112–413] 

To amend chapter 97 of title 28, United States Code, to clarify the exception 

to foreign sovereign immunity set forth in section 1605(a)(3) of such title. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 24, 2012 

Mr. CHABOT (for himself, Mr. CONYERS, Mr. SMITH of Texas, and Mr. 

COHEN) introduced the following bill; which was referred to the Committee on the Judiciary 

MARCH 19, 2012 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Omit the part struck through and insert the part printed in italic] 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 4086 RH

A BILL 

To amend chapter 97 of title 28, United States Code, to 

clarify the exception to foreign sovereign immunity set 

forth in section 1605(a)(3) of such title. 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•HR 4086 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Cultural Ex5 change Jurisdictional Immunity Clarification Act’’. 

6 SEC. 2. CLARIFICATION OF JURISDICTIONAL IMMUNITY OF 

7 FOREIGN STATES. 

8 (a) IN GENERAL.—Section 1605 of title 28, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘(h) JURISDICTIONAL IMMUNITY FOR CERTAIN ART

12 EXHIBITION ACTIVITIES.— 

13 ‘‘(1) IN GENERAL.—If— 

14 ‘‘(A) a work is imported into the United 

15 States from any foreign country pursuant to an 

16 agreement that provides for the temporary exhi17 bition or display of such work entered into be18 tween a foreign state that it is the owner or 

19 custodian of such work and the United States 

20 or one or more cultural or educational institu21 tions within the United States, 

22 ‘‘(B) the President, or the President’s des23 ignee, has determined, in accordance with Pub24 lic Law 89–259 (22 U.S.C. 2459), that such 

25 work is of cultural significance and the temVerDate Mar 15 2010 00:43 Mar 21, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4086.RH H4086

rfrederick on DSK6VPTVN1PROD with BILLS
4 

•HR 4086 RH

1 porary exhibition or display of such work is in 

2 the national interest; and, and 

3 ‘‘(C) the notice thereof has been published 

4 in accordance with subsection (a) of Public Law 

5 89–259, 

6 any activity in the United States of such foreign 

7 state, or of any carrier, that is associated with the 

8 temporary exhibition or display of such work shall 

9 not be considered to be commercial activity by such 

10 foreign state for purposes of subsection (a)(3) of 

11 this section. 

12 ‘‘(2) NAZI ERA NAZI-ERA CLAIMS.—Paragraph 

13 (1) shall not apply in any case in which— 

14 ‘‘(A) the action is based upon a claim that 

15 the work was taken in Europe in violation of 

16 international law by a covered government dur17 ing the covered period; 

18 ‘‘(B) the court determines that the activity 

19 associated with the exhibition or display is com20 mercial activity, as that term is defined in sec21 tion 1603(d) of this title; and 

22 ‘‘(C) such determination is necessary for 

23 the court to exercise jurisdiction over the for24 eign state under subsection (a)(3) of this sec25 tion. 


rfrederick on DSK6VPTVN1PROD with BILLS
5 

•HR 4086 RH

1 ‘‘(3) DEFINITIONS.—For purposes of this sub2 section— 

3 ‘‘(A) the term ‘work’ means a work of art 

4 or other object of cultural significance; 

5 ‘‘(B) the term ‘covered government’ 

6 means— 

7 ‘‘(i) the Nazi government of Germany; 

8 ‘‘(ii) any government in any area oc9 cupied by the military forces of the Nazi 

10 government of Germany; 

11 ‘‘(iii) any government established with 

12 the assistance or cooperation of the Nazi 

13 government of Germany; and 

14 ‘‘(iv) any government that was an ally 

15 of the Nazi government of Germany during 

16 the covered period; and 

17 ‘‘(C) the term ‘covered period’ means the 

18 period beginning on January 30, 1933, and 

19 ending on May 8, 1945.’’. 

20 (b) EFFECTIVE DATE.—The amendment made by 

21 this section shall apply to any civil action commenced on 

22 or after the date of the enactment of this Act. 


rfrederick on DSK6VPTVN1PROD with BILLS
Union Calendar No. 285 

112TH CONGRESS 

2D SESSION H. R. 4086 

[Report No. 112–413] 

A BILL 

To amend chapter 97 of title 28, United States 

title. immunity set forth in section 1605(a)(3) of such Code, to clarify the exception to foreign sovereign 

MARCH 19, 2012 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Mar 15 2010 00:43 Mar 21, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\H4086.RH H4086

rfrederick on DSK6VPTVN1PROD with BILLS