IB 
Union Calendar No. 323 
113TH CONGRESS 
2D SESSION 
H. R. 4292 
[Report No. 113–435] 
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 
MARCH 25, 2014 
Mr. CHABOT (for himself, Mr. CONYERS, Mr. GOODLATTE, and Mr. COHEN) 
introduced the following bill; which was referred to the Committee on the 
Judiciary 
MAY 6, 2014 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
VerDate Mar 15 2010 
21:39 May 06, 2014
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H4292.RH
H4292
emcdonald on DSK67QTVN1PROD with BILLS
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. 
VerDate Mar 15 2010 
21:39 May 06, 2014
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H4292.RH
H4292
emcdonald on DSK67QTVN1PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Cultural Ex-
change 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 fol-
lowing: 
‘‘(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 exhi-
bition or display of such work entered into be-
tween a foreign state that is the owner or cus-
todian 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 des-
ignee, has determined, in accordance with sub-
section (a) of Public Law 89–259 (22 U.S.C. 
2459(a)), that such work is of cultural signifi-
VerDate Mar 15 2010 
21:39 May 06, 2014
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4292.RH
H4292
emcdonald on DSK67QTVN1PROD with BILLS
cance 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 (22 U.S.C. 2459(a)), 
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). 
‘‘(2) NAZI-ERA CLAIMS.—Paragraph (1) shall 
not apply in any case asserting jurisdiction under 
subsection (a)(3) in which rights in property taken 
in violation of international law are in issue within 
the meaning of that subsection and— 
‘‘(A) the property at issue is the work de-
scribed in paragraph (1); 
‘‘(B) the action is based upon a claim that 
such work was taken in connection with the 
acts of a covered government during the cov-
ered period; 
‘‘(C) the court determines that the activity 
associated with the exhibition or display is com-
mercial activity, as that term is defined in sec-
tion 1603(d); and 
VerDate Mar 15 2010 
21:39 May 06, 2014
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4292.RH
H4292
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(D) a determination under subparagraph 
(C) is necessary for the court to exercise juris-
diction over the foreign state under subsection 
(a)(3). 
‘‘(3) DEFINITIONS.—For purposes of this sub-
section— 
‘‘(A) the term ‘work’ means a work of art 
or other object of cultural significance; 
‘‘(B) 
the 
term 
‘covered 
government’ 
means— 
‘‘(i) the Government of Germany dur-
ing the covered period; 
‘‘(ii) any government in any area in 
Europe that was occupied by the military 
forces of the Government of Germany dur-
ing the covered period; 
‘‘(iii) any government in Europe that 
was established with the assistance or co-
operation of the Government of Germany 
during the covered period; and 
‘‘(iv) any government in Europe that 
was an ally of the Government of Germany 
during the covered period; and 
VerDate Mar 15 2010 
21:39 May 06, 2014
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4292.RH
H4292
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(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. 
VerDate Mar 15 2010 
21:39 May 06, 2014
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4292.RH
H4292
emcdonald on DSK67QTVN1PROD with BILLS
VerDate Mar 15 2010 
21:39 May 06, 2014
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4292.RH
H4292
emcdonald on DSK67QTVN1PROD with BILLS
Union Calendar No. 323 
113TH CONGRESS 
2D SESSION 
H. R. 4292 
[Report No. 113–435] 
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. 
MAY 6, 2014 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Mar 15 2010 
21:39 May 06, 2014
Jkt 039200
PO 00000
Frm 00008
Fmt 6651
Sfmt 6651
E:\BILLS\H4292.RH
H4292
emcdonald on DSK67QTVN1PROD with BILLS