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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4086 Reported in House (RH)]

                                                 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]

_______________________________________________________________________

                                 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.

 

    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 
                <DELETED>it</DELETED> 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<DELETED>; 
                and</DELETED>, 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) <DELETED>Nazi era</DELETED> 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.
                                                 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 Code, to clarify the 
exception to foreign sovereign immunity set forth in section 1605(a)(3) 
                             of such title.

_______________________________________________________________________

                             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
```