Today, the House Judiciary Committee approved the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (H.R. 889) by a voice vote.
Through a change in the Foreign Sovereign Immunities Act, this legislation bolsters the ability of U.S. museums and schools to borrow foreign government-owned artifacts and artwork from other cultures around the world.. The legislation would encourage governments to loan many of their most treasured pieces of art and artifacts for public viewing in the United States. This goodwill partnership between nations of the world would allow for U.S. institutions to feature major pieces from around the world, while assuring foreign governments that their loans would not subject them to litigation in U.S. courts.
A bipartisan group of lawmakers passed similar legislation during the previous two Congresses, but the United States Senate did not take up the bill prior to the end of those Congresses.
House Judiciary Committee Chairman Bob Goodlatte (R-Va.), bill sponsor Congressman Steve Chabot (R-Ohio), and co-sponsors House Judiciary Committee Ranking Member John Conyers (D-Mich.) and Congressman and Congressman Steve Cohen (D-Tenn.) praised the continued bipartisan support for the legislation, and the committee's approval of the bill once again:
"Federal courts have interpreted statutes to deny some of America's top museums and universities the prospect of borrowing some of the greatest artifacts in history from foreign governments. The House Judiciary Committee has once again shown that there is bipartisan consensus around removing the barriers that could deny these pieces of art to some of the greatest institutions in the United States. Actions taken today by the Committee reaffirm our country's strong commitment to cultural exchange and appreciation for the arts, while also recognizing the importance of ensuring that victims of Nazi art theft still have the opportunity to pursue justice."
Background: Currently, court decisions interpreting the Foreign Sovereign Immunities Act (FSIA) discourage foreign governments from lending government-owned artwork and objects of cultural significance to U.S. museums and schools for temporary exhibit or display. Foreign governments are discouraged by the possibility of litigation in U.S. courts from which they would otherwise be immune. As a result, the ability of U.S. museums and schools to borrow works of art and objects of cultural significance owned by foreign governments has been seriously curtailed in recent years. The Foreign Cultural Exchange Jurisdictional Immunity Clarification Act fixes this problem by making a narrowly-tailored change to FSIA. This change will make it easier for U.S. museums and educational institutions to borrow works of art and other objects from abroad, increasing Americans' opportunities for cultural and educational development. This bill also contains an exception for cultural property taken during the Nazi era.