S1884-119

What This Bill Does

This bill strengthens the Holocaust Expropriated Art Recovery Act of 2016 to help victims of Nazi persecution and their heirs recover stolen artwork. It addresses a problem where courts have been dismissing legitimate claims to recover Nazi-looted art based on procedural technicalities rather than deciding cases on their actual merits.

Who Benefits and How

Victims of Nazi persecution and their heirs benefit directly from this legislation. They gain the ability to pursue claims for stolen artwork without facing dismissal based on time-elapsed defenses (like "you waited too long to sue") or procedural escape routes that defendants have used to avoid accountability. The bill also allows claims regardless of the victim's nationality, helping Jewish families from any country seek recovery of looted property.

Who Bears the Burden and How

Museums, art collectors, galleries, and foundations currently holding Nazi-looted artwork face increased legal exposure. They can no longer rely on defenses based on the passage of time (such as laches, adverse possession, or "I've had it so long it's mine now") or procedural doctrines (like forum non-conveniens or international comity) to avoid having their cases decided on the merits. The bill also enables nationwide service of process, making it harder for defendants to avoid being sued.

Key Provisions

• Explicitly bars all time-based defenses including laches, adverse possession, acquisitive prescription, and usucapion from being used to dismiss Holocaust art recovery claims
• Prohibits courts from dismissing cases based on non-merits grounds like the act of state doctrine, international comity, forum non-conveniens, or prudential exhaustion
• Allows claims regardless of the nationality or citizenship of the Nazi persecution victim
• Permits nationwide service of process, so defendants can be served anywhere in the United States
• Applies to all pending cases (including those on appeal) and future cases filed after enactment