3.0.0 4086 2023-01-11T13:23:01Z 2023-01-11T13:23:01Z House H HR 2012-02-24 112 From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. CHABOT:H.R. 4086.Congress has the power to enact this legislation pursuantto the following:The constitutional authority on which this legislation isbased is found in article I, section 8, clause 9; articleIII, section 1, clause 1; and article III, section 2, clause2, of the Constitution, which grant Congress authority overfederal courts.[Page H950]]]> ssju00 Judiciary Committee Senate Standing Referred to 2012-03-20T16:19:32Z hsju00 Judiciary Committee House Standing Reported by 2012-03-19T20:19:55Z Markup by 2012-02-28T16:48:48Z Referred to 2012-02-24T15:00:17Z H. Rept. 112-413 Foreign Cultural Exchange Jurisdictional Immunity Clarification Act 112 2212 S 2012-03-20 Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1849) Related bill CRS 2012-03-20 ssju00 Judiciary Committee Senate Received in the Senate and Read twice and referred to the Committee on the Judiciary. IntroReferral 2012-03-19 17:13:12 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2012-03-19 17:13:10 On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1370) Floor H37300 2 House floor actions 2012-03-19 17:13:10 Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H1370) Floor 8000 9 Library of Congress 2012-03-19 17:04:35 DEBATE - The House proceeded with forty minutes of debate on H.R. 4086. Floor H8D000 2 House floor actions 2012-03-19 17:04:32 Considered under suspension of the rules. (consideration: CR H1370-1372) Floor H30000 2 House floor actions 2012-03-19 17:04:16 Mr. Smith (TX) moved to suspend the rules and pass the bill, as amended. Floor H30300 2 House floor actions 2012-03-19 Placed on the Union Calendar, Calendar No. 285. Calendars H12410 2 House floor actions U00285 2012-03-19 Reported (Amended) by the Committee on Judiciary. H. Rept. 112-413. Committee H12200 2 House floor actions hsju00 Judiciary Committee 2012-03-19 Reported (Amended) by the Committee on Judiciary. H. Rept. 112-413. Committee 5000 9 Library of Congress hsju00 Judiciary Committee 2012-02-28 hsju00 Judiciary Committee 1 House committee actions Ordered to be Reported by Voice Vote. Committee 2012-02-28 hsju00 Judiciary Committee 1 House committee actions Committee Consideration and Mark-up Session Held. Committee 2012-02-24 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2012-02-24 Introduced in House IntroReferral Intro-H 9 Library of Congress 2012-02-24 Introduced in House IntroReferral 1000 9 Library of Congress C000266 Rep. Chabot, Steve [R-OH-1] STEVE CHABOT R OH 1 N C000714 Rep. Conyers, John, Jr. [D-MI-14] JOHN CONYERS D MI 14 2012-02-24 True S000583 Rep. Smith, Lamar [R-TX-21] LAMAR SMITH R TX 21 2012-02-24 True C001068 Rep. Cohen, Steve [D-TN-9] Steve Cohen D TN 9 2012-02-24 True Law Art, artists, authorship Cultural exchanges and relations Government liability International law and treaties Jurisdiction and venue Museums, exhibitions, cultural centers Property rights War crimes, genocide, crimes against humanity Law 00 2012-02-24 Introduced in House 2012-03-20T15:20:34Z Foreign Cultural Exchange Jurisdictional Immunity Clarification Act - Amends the federal judicial code with respect to denial of a foreign state's immunity from the jurisdiction of U.S. or state courts (under the Foreign Sovereign Immunities Act) in cases where rights in property taken in violation of international law are in issue and that property (or any property exchanged for it) is: (1) present in the United States in connection with a commercial activity carried on by the foreign state in the United States; or (2) owned by an agency or instrumentality of the foreign state, and that agency or instrumentality is engaged in a commercial activity in the United States.

Prohibits consideration as a commercial activity (excluded from jurisdictional immunity) of any activity in the United States of a foreign state, or of any carrier, associated with a temporary exhibition or display if: (1) the work of art (or other object of cultural significance) in question is imported into the United States from any foreign country pursuant to an agreement for its temporary exhibition or display between a foreign state that is its owner or custodian and the United States or cultural or educational institutions within it; and (2) the President has determined, with notice in the Federal Register, that such work is culturally significant and its temporary exhibition or display is in the national interest. (Thus grants jurisdictional immunity to the foreign state and associated carrier for such works.)

Denies application of this prohibition to cases in which: (1) the civil action filed is based upon a claim that the work was taken in Europe in violation of international law by the Nazi government of Germany or governments occupied, assisted, or allied by the Nazi government between January 30, 1933, and May 8, 1945; (2) the court determines that the activity associated with the exhibition or display is commercial; and (3) that determination is necessary for the court to exercise jurisdiction over the foreign state.

]]> 36 2012-03-19 Passed House amended 2012-04-04T20:21:16Z Foreign Cultural Exchange Jurisdictional Immunity Clarification Act - Amends the federal judicial code with respect to denial of a foreign state's immunity from the jurisdiction of U.S. or state courts (under the Foreign Sovereign Immunities Act) in cases where rights in property taken in violation of international law are in issue and that property (or any property exchanged for it) is: (1) present in the United States in connection with a commercial activity carried on by the foreign state in the United States; or (2) owned by an agency or instrumentality of the foreign state, and that agency or instrumentality is engaged in a commercial activity in the United States.

Prohibits consideration as a commercial activity (excluded from jurisdictional immunity) any activity in the United States of a foreign state, or of any carrier, associated with a temporary exhibition or display if: (1) the work of art (or other object of cultural significance) in question is imported into the United States from any foreign country pursuant to an agreement for its temporary exhibition or display between a foreign state that is its owner or custodian and the United States or cultural or educational institutions within it; and (2) the President has determined, with notice in the Federal Register, that such work is culturally significant and its temporary exhibition or display is in the national interest. (Thus grants jurisdictional immunity to the foreign state and associated carrier for such works.)

Denies application of this prohibition to cases in which: (1) the civil action filed is based upon a claim that the work was taken in Europe in violation of international law by the Nazi government of Germany or governments occupied, assisted, or allied by the Nazi government between January 30, 1933, and May 8, 1945; (2) the court determines that the activity associated with the exhibition or display is commercial; and (3) that determination is necessary for the court to exercise jurisdiction over the foreign state.

]]> Foreign Cultural Exchange Jurisdictional Immunity Clarification Act Display Title Foreign Cultural Exchange Jurisdictional Immunity Clarification Act Short Titles as Introduced Foreign Cultural Exchange Jurisdictional Immunity Clarification Act Short Titles as Reported to House Foreign Cultural Exchange Jurisdictional Immunity Clarification Act H House Short Titles as Passed House Foreign Cultural Exchange Jurisdictional Immunity Clarification Act H House Official Title as Introduced 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. Referred in Senate 2012-03-20T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr4086rfs/xml/BILLS-112hr4086rfs.xml Reported in House 2012-03-19T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr4086rh/xml/BILLS-112hr4086rh.xml Engrossed in House 2012-03-19T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr4086eh/xml/BILLS-112hr4086eh.xml Introduced in House 2012-02-24T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr4086ih/xml/BILLS-112hr4086ih.xml 2012-03-20 Received in the Senate and Read twice and referred to the Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.