3.0.0 6477 2023-04-24T20:39:47Z 2023-04-24T20:39:47Z House HR 2016-12-08 114 [Congressional Record Volume 162, Number 177 (Thursday, December 8, 2016)]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. CHABOT:H.R. 6477.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 3; and article III, section 2, clause2, of the Constitution, which grant Congress authority overfederal courts.[Page H7569]]]> Foreign Cultural Exchange Jurisdictional Immunity Clarification Act 114 889 HR 2015-06-10 Received in the Senate. Related bill CRS CREATE Act of 2016 114 2648 S 2016-03-08 Read twice and referred to the Committee on Finance. Related bill CRS Foreign Cultural Exchange Jurisdictional Immunity Clarification Act 114 3155 S 2016-09-15 Placed on Senate Legislative Calendar under General Orders. Calendar No. 632. Related bill CRS 2016-12-16 Became Public Law No: 114-319. President E40000 2 House floor actions 2016-12-16 Became Public Law No: 114-319. BecameLaw 36000 9 Library of Congress 2016-12-16 Signed by President. President E30000 2 House floor actions 2016-12-16 Signed by President. BecameLaw 36000 9 Library of Congress 2016-12-15 Presented to President. Floor E20000 2 House floor actions 2016-12-15 Presented to President. President 28000 9 Library of Congress 2016-12-12 Senate Message on Senate action sent to the House. Floor 2016-12-10 Senate Passed Senate without amendment by Voice Vote. (consideration: CR S7128-7131) Floor 2016-12-10 Passed/agreed to in Senate: Passed Senate without amendment by Voice Vote.(consideration: CR S7128-7131) Floor 17000 9 Library of Congress 2016-12-08 Senate Received in the Senate, read twice. IntroReferral 2016-12-08 14:32:43 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2016-12-08 14:32:35 On passage Passed without objection. (text: CR H7551-7552) Floor H37100 2 House floor actions 2016-12-08 14:32:35 Passed/agreed to in House: On passage Passed without objection.(text: CR H7551-7552) Floor 8000 9 Library of Congress 2016-12-08 14:32:30 Considered by unanimous consent. (consideration: CR H7551-7552) Floor H30000 2 House floor actions 2016-12-08 14:32:26 Mr. Goodlatte asked unanimous consent to take from the Speaker's table and consider. Floor H30200 2 House floor actions 2016-12-08 Introduced in House IntroReferral Intro-H 9 Library of Congress 2016-12-08 Introduced in House IntroReferral 1000 9 Library of Congress C000266 Rep. Chabot, Steve [R-OH-1] STEVE CHABOT R OH 1 N C001068 Rep. Cohen, Steve [D-TN-9] Steve Cohen D TN 9 2016-12-08 True G000289 Rep. Goodlatte, Bob [R-VA-6] ROBERT GOODLATTE R VA W. 6 2016-12-08 True C000714 Rep. Conyers, John, Jr. [D-MI-13] JOHN CONYERS D MI 13 2016-12-08 True Public Law 114-319 Law Art, artists, authorship Cultural exchanges and relations Europe Germany Government liability Historical and cultural resources International law and treaties Jurisdiction and venue Museums, exhibitions, cultural centers Property rights War crimes, genocide, crimes against humanity Law 00 2016-12-08 Introduced in House 2016-12-22T16:56:12Z Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

This bill amends the federal judicial code with respect to denial of a foreign state's sovereign immunity from the jurisdiction of U.S. or state courts in commercial activity 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.

The bill grants a foreign state or certain carriers immunity from federal or state court jurisdiction for any activity in the United States associated with a temporary exhibition or display of a work of art or other object of cultural significance if:

  • the work of art or other object of cultural significance 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 U.S. cultural or educational institutions; and
  • the President has determined that such work is culturally significant and its temporary exhibition or display is in the national interest.

The bill denies immunity, however, in cases concerning rights in property taken in violation of international law in which the action is based upon a claim that the work was taken: (1) between January 30, 1933, and May 8, 1945, by the government of Germany or any government in Europe occupied, assisted, or allied by the German government; or (2) after 1900 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. For purposes of these denials of immunity, the court must determine that the activity associated with the exhibition or display is commercial and that determination must be necessary for the court to exercise jurisdiction over the foreign state.

The Department of State must ensure that foreign states that apply for such temporary exhibition immunity are notified of the amendments made by this bill.

]]> 81 2016-12-08 Passed House without amendment 2016-12-22T16:55:30Z (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

(Sec. 2) This bill amends the federal judicial code with respect to denial of a foreign state's sovereign immunity from the jurisdiction of U.S. or state courts in commercial activity 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.

The bill grants a foreign state or certain carriers immunity from federal or state court jurisdiction for any activity in the United States associated with a temporary exhibition or display of a work of art or other object of cultural significance if:

  • the work of art or other object of cultural significance 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 U.S. cultural or educational institutions; and
  • the President has determined that such work is culturally significant and its temporary exhibition or display is in the national interest.

The bill denies immunity, however, in cases concerning rights in property taken in violation of international law in which the action is based upon a claim that the work was taken: (1) between January 30, 1933, and May 8, 1945, by the government of Germany or any government in Europe occupied, assisted, or allied by the German government; or (2) after 1900 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. For purposes of these denials of immunity, the court must determine that the activity associated with the exhibition or display is commercial and that determination must be necessary for the court to exercise jurisdiction over the foreign state.

(Sec. 3) The Department of State must ensure that foreign states that apply for such temporary exhibition immunity are notified of the amendments made by this bill.

]]> 82 2016-12-10 Passed Senate without amendment 2016-12-22T16:57:13Z (This measure has not been amended since it was introduced. The expanded summary of the House passed version is repeated here.)

Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

(Sec. 2) This bill amends the federal judicial code with respect to denial of a foreign state's sovereign immunity from the jurisdiction of U.S. or state courts in commercial activity 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.

The bill grants a foreign state or certain carriers immunity from federal or state court jurisdiction for any activity in the United States associated with a temporary exhibition or display of a work of art or other object of cultural significance if:

  • the work of art or other object of cultural significance 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 U.S. cultural or educational institutions; and
  • the President has determined that such work is culturally significant and its temporary exhibition or display is in the national interest.

The bill denies immunity, however, in cases concerning rights in property taken in violation of international law in which the action is based upon a claim that the work was taken: (1) between January 30, 1933, and May 8, 1945, by the government of Germany or any government in Europe occupied, assisted, or allied by the German government; or (2) after 1900 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. For purposes of these denials of immunity, the court must determine that the activity associated with the exhibition or display is commercial and that determination must be necessary for the court to exercise jurisdiction over the foreign state.

(Sec. 3) The Department of State must ensure that foreign states that apply for such temporary exhibition immunity are notified of the amendments made by this bill.

]]> 49 2016-12-16 Public Law 2016-12-22T16:57:21Z (This measure has not been amended since it was introduced. The expanded summary of the House passed version is repeated here.)

Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

(Sec. 2) This bill amends the federal judicial code with respect to denial of a foreign state's sovereign immunity from the jurisdiction of U.S. or state courts in commercial activity 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.

The bill grants a foreign state or certain carriers immunity from federal or state court jurisdiction for any activity in the United States associated with a temporary exhibition or display of a work of art or other object of cultural significance if:

  • the work of art or other object of cultural significance 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 U.S. cultural or educational institutions; and
  • the President has determined that such work is culturally significant and its temporary exhibition or display is in the national interest.

The bill denies immunity, however, in cases concerning rights in property taken in violation of international law in which the action is based upon a claim that the work was taken: (1) between January 30, 1933, and May 8, 1945, by the government of Germany or any government in Europe occupied, assisted, or allied by the German government; or (2) after 1900 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. For purposes of these denials of immunity, the court must determine that the activity associated with the exhibition or display is commercial and that determination must be necessary for the court to exercise jurisdiction over the foreign state.

(Sec. 3) The Department of State must ensure that foreign states that apply for such temporary exhibition immunity are notified of the amendments made by this bill.

]]> Foreign Cultural Exchange Jurisdictional Immunity Clarification Act Display Title Foreign Cultural Exchange Jurisdictional Immunity Clarification Act Short Titles as Passed House Foreign Cultural Exchange Jurisdictional Immunity Clarification Act H House Short Titles as Passed Senate Foreign Cultural Exchange Jurisdictional Immunity Clarification Act S Senate Short Titles as Enacted Foreign Cultural Exchange Jurisdictional Immunity Clarification Act 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. Enrolled Bill https://www.govinfo.gov/content/pkg/BILLS-114hr6477enr/xml/BILLS-114hr6477enr.xml Received in Senate 2016-12-08T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114hr6477rds/xml/BILLS-114hr6477rds.xml Engrossed in House 2016-12-08T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114hr6477eh/xml/BILLS-114hr6477eh.xml 2016-12-17T04:59:59Z https://www.govinfo.gov/content/pkg/PLAW-114publ319/uslm/PLAW-114publ319.xml Public Law 2016-12-16 Became Public Law No: 114-319. 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.