House Approves Bill to Facilitate Art & Cultural Artifact Exchange

Washington, D.C.— 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.

H.R. 889 would revive and encourage borrowing from foreign governments to loan portions of their collections to museums and galleries in the United States for public viewing. The ability of U.S. institutions to consistently produce first-class exhibitions depends in large part on assuring foreign governments that their loans will not subject 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 Steve Cohen (D-Tenn.) praised the continued bipartisan support for the legislation, and the approval of the bill once again by the whole House:

“We applaud our colleagues for passing an important piece of legislation that will ensure that millions of American are no longer denied the chance to see some of the most important art and artifacts the world has to offer. Both sides of the aisle have come together again to remove barriers that would deny our country’s museums and galleries the ability to borrow works from foreign governments without the restrictions placed by rulings from the federal courts.

“This legislation will make foreign artwork and artifacts more accessible to the public to view, study and appreciate in American schools and museums while preserving important protections for Holocaust-related claims. We are pleased that the House has reaffirmed its longstanding appreciation of the arts and the cultural exchange of ideas.”

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.