To clarify the exception to foreign sovereign immunity set forth in section 1605(a)(3) title 28, United States Code.
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 country pursuant to an agreement providing 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 1 or more cultural or educational institutions within the United States; ``(B) the President, or the President's designee, has determined, in accordance with Public Law 89-259 (79 Stat. 985; 22 U.S.C. 2459), that such work is of cultural significance and the temporary exhibition or display of such work is in the national interest; and ``(C) notice has been published in the Federal Register in accordance with Public Law 89-259, any activity in the United States of such foreign state or any carrier associated with the temporary exhibit or display of such work shall not be considered to be commercial activity for purposes of subsection (a)(3). ``(2) Nazi-era claims.--Paragraph...