H.R. 4235: To clarify the Holocaust Expropriated Art Recovery Act of 2016, to appropriately limit t… (119th Congress) Bill Summary

This bill proposes changes to the Holocaust Expropriated Art Recovery Act of 2016, aiming to enhance the ability of individuals to recover artwork that was taken or lost due to Nazi persecution. The key modifications include:

Clarification of Intent

The bill clarifies that the intent of the Holocaust Expropriated Art Recovery Act is to allow claims for recovering Nazi-looted art regardless of how much time has passed since World War II. The goal is to prevent courts from dismissing these claims due to defenses based on the passage of time.

Preclusion of Time-based Defenses

The bill specifies that certain defenses, which are based on the passage of time, cannot be used to dismiss claims. These defenses are:

Laches
Adverse possession
Acquisitive prescription
Usucapion
Act of state doctrine
Forum non-conveniens
International comity
Prudential exhaustion

By precluding these defenses, the bill seeks to ensure that claims can be decided based on their merits rather than on procedural reasons related to time.

Impact on Claims

The bill states that it will allow claims for recovery of art or property lost during the covered period, regardless of the alleged victims' nationality or citizenship. Additionally, it clarifies the relationship to foreign state immunities, indicating that civil claims under this act will be treated as claims involving violations of international law.

Nationwide Service of Process

The legislation allows for nationwide service of process, meaning that legal papers can be served in any judicial district within the United States where the defendant can be found, rather than being limited to the location of the court where the case is filed.

Applicability

The amendments made by this bill will apply to any civil claim or cause of action pending in any court at the time of the bill’s enactment. This includes claims that are currently going through appeals or for which the time to file an appeal has not yet expired.