[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6477 Enrolled Bill (ENR)]

        H.R.6477

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen


                                 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 state 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 subsection (a) of Public Law 89-
        259 (22 U.S.C. 2459(a)), 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 (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) Exceptions.--
            ``(A) 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--
                ``(i) the property at issue is the work described in 
            paragraph (1);
                ``(ii) the action is based upon a claim that such work 
            was taken in connection with the acts of a covered 
            government during the covered period;
                ``(iii) the court determines that the activity 
            associated with the exhibition or display is commercial 
            activity, as that term is defined in section 1603(d); and
                ``(iv) a determination under clause (iii) is necessary 
            for the court to exercise jurisdiction over the foreign 
            state under subsection (a)(3).
            ``(B) Other culturally significant works.--In addition to 
        cases exempted under subparagraph (A), 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--
                ``(i) the property at issue is the work described in 
            paragraph (1);
                ``(ii) the action is based upon a claim that such work 
            was taken in connection with the acts of a foreign 
            government as part of a systematic campaign of coercive 
            confiscation or misappropriation of works from members of a 
            targeted and vulnerable group;
                ``(iii) the taking occurred after 1900;
                ``(iv) the court determines that the activity 
            associated with the exhibition or display is commercial 
            activity, as that term is defined in section 1603(d); and
                ``(v) a determination under clause (iv) is necessary 
            for the court to exercise jurisdiction over the foreign 
            state under subsection (a)(3).
        ``(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 Government of Germany during the covered 
            period;
                ``(ii) any government in any area in Europe that was 
            occupied by the military forces of the Government of 
            Germany during the covered period;
                ``(iii) any government in Europe that was established 
            with the assistance or cooperation 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
            ``(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.
SEC. 3. NOTIFICATION.
    The Secretary of State shall ensure that foreign states that apply 
for immunity under Public Law 89-259 (22 U.S.C. 2459) are appropriately 
notified of the text of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.