Holocaust Expropriated Art Recovery Act of 2016

Bill: 114-s-2763
Sponsor: Sen. Cornyn, John [R-TX]
Introduced: 2016-04-07 in the Senate
Policy area: Law
Subjects: Art, artists, authorship
Civil actions and liability
Europe
Germany
Historical and cultural resources
War crimes, genocide, crimes against humanity

Summary:
action_date: 2016-04-07
text: 

Holocaust Expropriated Art Recovery Act of 2016

 
This bill allows civil claims or causes of action to recover artwork or other cultural property unlawfully lost because of persecution during the Nazi era, or for damages for the taking or detaining of such artwork or cultural property, to be commenced within six years after the claimant's actual discovery of: (1) the identity and location of the artwork or cultural property, and (2) information or facts sufficient to indicate that the claimant has a claim for a possessory interest in the artwork or cultural property that was unlawfully lost.
 
Such statutory limitation period of six years after actual discovery preempts any other statutes of limitation or defenses relating to the passage of time.
 
The term: (1) &quot;persecution during the Nazi era&quot; means persecution by the Nazis or their allies between January 1, 1933, and December 31, 1945, that was based on race, ethnicity, or religion; and (2) &quot;unlawfully lost&quot; includes any theft, seizure, forced sale, sale under duress, or other loss of an artwork or cultural property that would not have occurred absent such persecution.
 
This bill applies to claims or actions that are pending on the date of, or filed after, enactment but before 2027. Such claims or actions may include those: (1) that were dismissed before enactment of this bill based on the expiration of a federal or state statute of limitations, laches, or any other defense at law or equity relating to the passage of time; and (2) in which final judgment has not been entered.

action_date: 2016-09-29
text: 

Holocaust Expropriated Art Recovery Act of 2016

 
(Sec. 5) This bill allows civil claims or causes of action for the recovery of artwork or certain other property lost between January 1, 1933, and December 31, 1945, because of Nazi persecution to be commenced within six years after the claimant's actual discovery of: (1) the identity and location of the artwork or other property, and (2) a possessory interest in the artwork or property.
 
Such statutory limitation period of six years after actual discovery preempts any other statutes of limitation or defenses relating to the passage of time.
 
Preexisting claims known by a claimant before enactment of this bill shall be considered discovered on the date of this bill's enactment if they were barred before, or not barred on, the date of enactment.
 
This bill applies to claims or actions that are: (1) pending on the date of this bill's enactment, including an action for which the time to file an appeal has not expired; or (2) filed after enactment but before 2027. But the bill does not apply to claims barred on the day before enactment of this bill if: (1) the claimant had knowledge on or after January 1, 1999, and (2) six years have passed from the date such claimant acquired such knowledge and during which time the claim was not barred by a statute of limitations.


Legislative actions:
action_date: 2016-12-06
text: By Senator Grassley from Committee on the Judiciary filed written report. Report No. 114-394.
action_date: 2016-12-06
text: By Senator Grassley from Committee on the Judiciary filed written report. Report No. 114-394.
action_date: 2016-09-29
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 654.
action_date: 2016-09-29
text: Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
action_date: 2016-09-29
text: Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
action_date: 2016-09-15
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2016-06-07
text: Committee on the Judiciary Subcommittee on Constitution. Hearings held with the Committee on the Judiciary Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts.
action_date: 2016-04-07
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1812-1813)
action_date: 2016-04-07
text: Introduced in Senate