Bill to Facilitate Recovery of Nazi-Confiscated Art passes US Senate

The legislation aims to assist in recovering art looted by the Nazis and to support Holocaust survivors in reclaiming their heritage. Senators highlighted the act's importance by recognizing the ongoing struggles faced by survivors and their families in reclaiming stolen art. 

Nazi Germany’s campaign of annihilation and genocide against the Jewish people in the Holocaust included massive theft of property, including hundreds of thousands of works of art. Despite post-war efforts by the United States and allies to return Nazi-looted art and renewed efforts since the late 1990s, more than 100,000 works of art have not been returned to their rightful owners.

In 2016, Congress unanimously passed the Holocaust Expropriated Art Recovery (HEAR) Act, spearheaded in the Senate by Senator Cornyn, to ensure Holocaust survivors and their heirs could access U.S. courts to pursue claims for the recovery of Nazi-looted art, allowing cases to be decided on their factual merits rather than dismissed on time-based technical defenses. Congress found that the circumstances of the Holocaust imposed extraordinary obstacles to survivors and heirs to locate and recover stolen art, necessitating a national six-year statute of limitations that only begins when the owner actually discovers the location of the stolen artwork.

Unfortunately, many museums, governments, and institutions have contradicted Congress’ intent and obstructed justice by stonewalling legitimate claims, obscuring provenance, and employing aggressive legal tactics designed to exhaust and outlast survivors and their families. Rather than embracing transparency and reconciliation, too many have chosen to entrench and litigate, effectively preserving possession of stolen works rather than returning them to their rightful owners. Moreover, some court cases have interpreted the law narrowly, leaving survivors without recourse.

The original HEAR Act includes a sunset provision and is set to expire December 31, 2026. This legislation would amend and reauthorize the original law to ensure victims of the Holocaust are not denied justice by legal loopholes, institutional intransigence, or the mere passage of time. As another insidious wave of antisemitism hits society, this legislation would reaffirm our commitment to the Jewish people and Holocaust survivors by sending a clear message that the United States will not allow looting to be legitimized, justice to be denied, or Holocaust profiteering to be tolerated.

The HEAR Act would:

• Eliminate the sunset date, recognizing that the challenges of restitution remain urgent and unresolved;
• Clarify and strengthen procedural protections to ensure that claims are considered on their merits and not dismissed due to time-based technical defenses or other non-merits discretionary defenses; and
• Fortify victims’ remedies and access to the courts.