[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3155 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 3155

  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 SENATE OF THE UNITED STATES

                             July 11, 2016

Mr. Hatch (for himself, Mrs. Feinstein, Mr. Cornyn, Mr. Coons, Mr. Lee, 
 Mr. Schumer, and Mr. Tillis) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 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 against members of 
                        a targeted group as part of a systematic 
                        confiscation or misappropriation of works in a 
                        manner similar to the actions of a covered 
                        government in subparagraph (A);
                            ``(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.
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