119-hr4235

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4235 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4235

 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.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 27, 2025

 Ms. Lee of Florida (for herself, Mr. Nadler, Mr. Raskin, Ms. 
 Goodlander, and Mr. Fitzgerald) introduced the following bill; which 
 was referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

 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.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. HOLOCAUST EXPROPRIATED ART RECOVERY ACT OF 2016 
 IMPROVEMENTS.

    (a) In General.--The Holocaust Expropriated Art Recovery Act of 
2016 (22 U.S.C. 1621 note) is amended--

    (1) in 

section 2--
        (A) by redesignating paragraph

    (8) as paragraph

    (10) ;
        (B) by inserting after paragraph

    (7) the following:
 ``

    (8) The intent of this Act is to permit claims to recover 
 Nazi-looted art to be brought, notwithstanding the passage of 
 time since World War II. Some courts have frustrated the intent 
 of this Act by dismissing recovery lawsuits in reliance on 
 defenses based on the passage of time, such as laches (for 
 example, Zuckerman v Metropolitan Museum of Art, 928 F.3d 186 
 (2d Cir. 2019)) or adverse possession, acquisitive 
 prescription, or usucapion (for example, Cassirer v. Thyssen-
 Bornemisza Foundation, 89 F.4th 1226 (9th Cir. 2024)) or on 
 other non-merits discretionary defenses, such as the act of 
 state doctrine (for example, Von Saher v Norton Simon Museum, 
 897 F.3d 1141 (9th Cir. 2018)), forum non-conveniens, 
 international comity, or prudential exhaustion. In order to 
 effectuate the purpose of the Act to permit claims to recover 
 Nazi-looted art to be resolved on the merits, these defenses 
 must be precluded.
 ``

    (9) This Act also is intended to allow claims in 
 accordance with the procedures under this Act for the recovery 
 of artwork or other property lost during the covered period 
 because of Nazi persecution, regardless of the nationality or 
 citizenship of the alleged victim, notwithstanding the 
 `domestic takings' rule under Federal Republic of Germany v. 
 Philipp, 592 U.S. 169

    (2021) .''; and
            (C) in paragraph

    (10) , as so redesignated, by 
 striking ``will yield just and fair resolutions in a 
 more efficient and predictable manner'' and inserting 
 ``may, in some circumstances, yield just and fair 
 resolutions as well'';

    (2) in 

section 3

    (2) , by inserting ``and other non-merits 
 defenses'' after ``statutes of limitation'';

    (3) in 

section 5--
        (A) by striking subsection

    (g) ;
        (B) by redesignating subsections

    (e) and

    (f) as 
 subsections

    (h) and
            (i) , respectively;
            (C) by redesignating subsections

    (b) ,
            (c) , and
            (d) as subsections
            (c) ,
            (d) , and

    (e) , respectively;
            (D) by inserting after subsection

    (a) the 
 following:
 ``

    (b) Relation to Foreign State Immunities.--Notwithstanding any 
other law or prior judicial decision, any civil claim or cause of 
action covered by subsection

    (a) shall be deemed to be an action in 
which rights in violation of international law are in issue for 
purposes of 1605

    (a)

    (3) of title 28, United States Code, without regard 
to the nationality or citizenship of the alleged victim.'';
        (E) in subsection
            (d) , as so redesignated, in the 
 matter preceding paragraph

    (1) , by striking 
 ``subsection

    (e) '' and inserting ``subsection

    (h) '';
        (F) in subsection

    (e) , as so redesignated--
            (i) in the matter preceding paragraph

    (1) , 
 by striking ``Subsection

    (a) '' and inserting 
 ``Subsections

    (a) ,

    (b) ,

    (f) , and

    (g) ''; and
            (ii) in paragraph

    (2) , by striking ``during 
 the period'' and all that follows and inserting 
 ``on or after the date of enactment of this 
 Act.''; and
        (G) by inserting after subsection

    (e) , as so 
 redesignated, the following:
 ``

    (f) Defenses Based on Passage of Time and Other Non-Merits 
Defenses.--With respect to any claim that is otherwise timely under 
this Act--
 ``

    (1) all defenses or substantive doctrines based on the 
 passage of time, including laches, adverse possession, 
 acquisitive prescription, and usucapion, may not be applied 
 with respect to the claim; and
 ``

    (2) all non-merits discretionary bases for dismissal, 
 including the act of state doctrine, international comity, 
 forum non-conveniens, prudential exhaustion, and similar 
 doctrines unrelated to the merits, may not be applied with 
 respect to the claim.
 ``

    (g) Nationwide Service of Process.--For a civil action brought 
under subsection

    (a) in any State or Federal court, process may be 
served in the judicial district where the case is brought or any other 
judicial district of the United States where the defendant may be 
found, resides, has an agent, or transacts business.''; and

    (4) by adding at the end the following:

``

SEC. 6. SEVERABILITY.

 ``If any provision of this Act, or the application of a provision 
of this Act to any person or circumstance, is held invalid, the 
remainder of this Act, and the application of such provision to other 
persons and circumstances, shall not be affected thereby.''.

    (b) Applicability.--The amendments made by subsection

    (a) shall 
apply with respect to any civil claim or cause of action that is--

    (1) pending in any court on the date of enactment of this 
 Act, including any civil claim or cause of action that is 
 pending on appeal or for which the time to file an appeal has 
 not expired; or

    (2) filed on or after the date of enactment of this Act.
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