[Congressional Record Volume 162, Number 177 (Thursday, December 8, 2016)]
[House]
[Pages H7551-H7552]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOREIGN CULTURAL EXCHANGE JURISDICTIONAL IMMUNITY CLARIFICATION ACT
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the bill (H.R. 6477) 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, and ask for its
immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
The text of the bill is as follows:
H.R. 6477
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
[[Page H7552]]
``(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.
The bill was ordered to be engrossed and read a third time, was read
the third time, and passed, and a motion to reconsider was laid on the
table.
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