[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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