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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4086 Referred in Senate (RFS)]

112th CONGRESS
  2d Session
                                H. R. 4086

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 20, 2012

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
  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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Cultural Exchange 
Jurisdictional Immunity Clarification Act''.

SEC. 2. CLARIFICATION OF JURISDICTIONAL IMMUNITY OF FOREIGN STATES.

    (a) In General.--Section 1605 of title 28, United States Code, is 
amended by adding at the end the following:
    ``(h) Jurisdictional Immunity for Certain Art Exhibition 
Activities.--
            ``(1) In general.--If--
                    ``(A) a work is imported into the United States 
                from any foreign country pursuant to an agreement that 
                provides for the temporary exhibition or display of 
                such work entered into between a foreign state that is 
                the owner or custodian of such work and the United 
                States or one or more cultural or educational 
                institutions within the United States,
                    ``(B) the President, or the President's designee, 
                has determined, in accordance with Public Law 89-259 
                (22 U.S.C. 2459), that such work is of cultural 
                significance and the temporary exhibition or display of 
                such work is in the national interest, and
                    ``(C) the notice thereof has been published in 
                accordance with subsection (a) of Public Law 89-259,
        any activity in the United States of such foreign state, or of 
        any carrier, that is associated with the temporary exhibition 
        or display of such work shall not be considered to be 
        commercial activity by such foreign state for purposes of 
        subsection (a)(3) of this section.
            ``(2) Nazi-era claims.--Paragraph (1) shall not apply in 
        any case in which--
                    ``(A) the action is based upon a claim that the 
                work was taken in Europe in violation of international 
                law by a covered government during the covered period;
                    ``(B) the court determines that the activity 
                associated with the exhibition or display is commercial 
                activity, as that term is defined in section 1603(d) of 
                this title; and
                    ``(C) such determination is necessary for the court 
                to exercise jurisdiction over the foreign state under 
                subsection (a)(3) of this section.
            ``(3) Definitions.--For purposes of this subsection--
                    ``(A) the term `work' means a work of art or other 
                object of cultural significance;
                    ``(B) the term `covered government' means--
                            ``(i) the Nazi government of Germany;
                            ``(ii) any government in any area occupied 
                        by the military forces of the Nazi government 
                        of Germany;
                            ``(iii) any government established with the 
                        assistance or cooperation of the Nazi 
                        government of Germany; and
                            ``(iv) any government that was an ally of 
                        the Nazi government of Germany during the 
                        covered period; and
                    ``(C) the term `covered period' means the period 
                beginning on January 30, 1933, and ending on May 8, 
                1945.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to any civil action commenced on or after the date of the enactment of 
this Act.

            Passed the House of Representatives March 19, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```