To clarify the Holocaust Expropriated Art Recovery Act of 2016, to appropriately limit the application of defenses based on the passage of time and other non-merits defenses to claims under that Act.
This bill would amend the Holocaust Expropriated Art Recovery Act of 2016 (HEAR Act) to ensure that defenses based on the passage of time and other non-merits defenses cannot be used to dismiss claims for recovery of Nazi-looted art. It clarifies Congress’s intent that such claims should be resolved on the merits, even if many years have passed since World War II. The measure also broadens certain procedural aspects, including how service of process can be carried out and how the Act interacts with international law concepts, and provides that the changes apply to both ongoing and newly filed cases. Overall, the bill strengthens the ability of claimants to pursue recovery of Nazi-looted artwork by limiting time-based and other discretionary defenses.
Key Points
- 1Precludes time-based defenses and other non-merits discretionary defenses in HEAR Act claims (e.g., laches, adverse possession, acquisitive prescription, act of state, forum non-conveniens, international comity, prudential exhaustion).
- 2Redesignates and expands provisions to emphasize the Act’s purpose: to permit recovery claims to proceed on the merits notwithstanding elapsed time, and to allow recovery actions regardless of the victim’s nationality, superseding certain domestic takings considerations.
- 3Adds language to ensure that claims under the HEAR Act are considered as involving rights in violation of international law for purposes of 28 U.S.C. 1605(a)(3).
- 4Authorizes nationwide service of process in HEAR Act cases, enabling service in any district where the defendant is found or does business.
- 5Applies the amendments to both pending civil claims on the date of enactment (including those on appeal) and new claims filed after enactment; includes severability to keep the rest of the statute intact if one provision is struck down.