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 significantly amends the Holocaust Expropriated Art Recovery Act of 2016 (HEAR Act) to ensure that claims for the recovery of Nazi-looted art are resolved on their merits. It explicitly states the intent to permit these claims despite the passage of time since World War II, directly addressing judicial dismissals based on time-related defenses. Key provisions preclude the application of defenses such as laches , adverse possession , and usucapion . Furthermore, the bill prohibits courts from dismissing cases based on other non-merits discretionary defenses , including the act of state doctrine , international comity , and forum non-conveniens . These changes aim to prevent procedural barriers from thwarting recovery efforts. The legislation also clarifies that claims under the Act are considered actions involving rights in violation of international law for purposes of foreign state immunity, irrespective of the alleged victim's nationality or citizenship. This provision is intended to overcome sovereign immunity defenses that have previously hindered such claims. The amendments apply to all pending and future civil claims or causes of action.
Art, artists, authorshipCivil actions and liabilityConflicts and warsCrime victimsHistorical and cultural resourcesMuseums, exhibitions, cultural centersWar crimes, genocide, crimes against humanityWorld history
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.
USA119th CongressHR-4235| House
| Updated: 6/27/2025
This bill significantly amends the Holocaust Expropriated Art Recovery Act of 2016 (HEAR Act) to ensure that claims for the recovery of Nazi-looted art are resolved on their merits. It explicitly states the intent to permit these claims despite the passage of time since World War II, directly addressing judicial dismissals based on time-related defenses. Key provisions preclude the application of defenses such as laches , adverse possession , and usucapion . Furthermore, the bill prohibits courts from dismissing cases based on other non-merits discretionary defenses , including the act of state doctrine , international comity , and forum non-conveniens . These changes aim to prevent procedural barriers from thwarting recovery efforts. The legislation also clarifies that claims under the Act are considered actions involving rights in violation of international law for purposes of foreign state immunity, irrespective of the alleged victim's nationality or citizenship. This provision is intended to overcome sovereign immunity defenses that have previously hindered such claims. The amendments apply to all pending and future civil claims or causes of action.
Art, artists, authorshipCivil actions and liabilityConflicts and warsCrime victimsHistorical and cultural resourcesMuseums, exhibitions, cultural centersWar crimes, genocide, crimes against humanityWorld history