#aaith ,,congress  #ast ,session  ,s4   
#ahhd  ,,an ,,act  ,to clarify the      
,holocaust ,expropriated ,art ,recovery 
,act of #bjaf1 to appropriately limit   
the application of defenses based on the
 passage of time and other non-merits   
defenses to claims under that ,act4  #a4
 ,short title ,this ,act may be cited as
 the ,holocaust ,expropriated ,art      
,recovery ,act of #bjbe4  #b4 ,holocaust
 ,expropriated ,art ,recovery ,act of   
#bjaf improvements  7a7 ,in general ,the
 ,holocaust ,expropriated ,art ,recovery
 ,act of #bjaf 7#bb ,u4,s4,c4 #afba     
note7 is amended-- 7#a7 in section #b-- 
7,a7 by redesignating paragraph 7#h7 as 
paragraph 7#aj72  7,b7 by inserting     
after paragraph 7#g7 the following3     
7#h7 ,the intent of this ,act is to     
permit claims to recover ,nazi-looted   
art to be brought1 notwithstanding the  
passage of time since ,world ,war ,,ii4 
,some courts have frustrated the intent 
of this ,act by dismissing recovery     
lawsuits in reliance on defenses based  

on the passage of time1 such as laches  
7for example1 ,zuckerman v ,metropolitan
 ,museum of ,art1 #ibh ,f4#c;d #ahf     
7#b;d ,cir4 #bjai77 or adverse          
possession1 acquisitive prescription1 or
 usucapion 7for example1 ,cassirer v4   
,thyssen-,bornemisza ,foundation1 #hi   
,f4#dth #abbf 7#ith ,cir4 #bjbd77 or on 
other non-merits discretionary defenses1
 such as the act of state doctrine 7for 
example1 ,von ,saher v ,norton ,simon   
,museum of ,art at ,pasadena1 #hig      
,f4#c;d #aada 7#ith ,cir4 #bjah771 forum
 non conveniens1 international comity1  
or prudential exhaustion4 ,in order to  
effectuate the purpose of the ,act to   
permit claims to recover ,nazi-looted   
art to be resolved on the merits1 these 
defenses must be precluded4  7#i7 ,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 because1 or as a result1 of ,nazi
 persecution1 including by a covered    

government 7as defined in section       
#afje7;h77#c77;,b7 of title #bh1 ,united
 ,states ,code7 or an agent or associate
 of a covered government1 regardless of 
the nationality or citizenship of the   
alleged victim1 notwithstanding the     
domestic takings rule under ,federal    
,republic of ,germany v4 ,philipp1 #eib 
,u4,s4 #afi 7#bjba74  2 and  7,c7 in    
paragraph 7#aj71 as so redesignated1 by 
striking will yield just and fair       
resolutions in a more efficient and     
predictable manner and inserting may1 in
 some circumstances1 yield just and fair
 resolutions as well2  7#b7 in section  
#c7b71 by inserting and other non-merits
 defenses after statutes of limitation2 
7#c7 in section #e-- 7,a7 by striking   
subsection 7g72  7,b7 by redesignating  
subsections 7e7 and 7f7 as subsections  
7h7 and 7i71 respectively2  7,c7 by     
redesignating subsections 7b71 7c71 and 
7d7 as subsections 7c71 7d71 and 7e71   
respectively2  7,d7 by inserting after  
subsection 7a7 the following3  7b7      

,relation to foreign state immunities   
,notwithstanding any other law or prior 
judicial decision1 any civil claim or   
cause of action covered by subsection   
7a7 shall be deemed to be an action in  
which rights in violation of            
international law are in issue for      
purposes of section #afje7;a77#c7 of    
title #bh1 ,united ,states ,code1       
without regard to the nationality or    
citizenship of the alleged victim4  2   
7,e7 in subsection 7d71 as so           
redesignated1 in the matter preceding   
paragraph 7#a71 by striking subsection  
7e7 and inserting subsection 7h72  7,f7 
in subsection 7e71 as so redesignated-- 
7i7 in the matter preceding paragraph   
7#a71 by striking ,subsection 7a7 and   
inserting ,subsections 7a71 7b71 7f71   
and 7g72 and  7ii7 in paragraph 7#b71 by
 striking during the period and all that
 follows and inserting on or after the  
date of enactment of this ,act42 and    
7,g7 by inserting after subsection 7e71 
as so redesignated1 the following3  7f7 

,defenses based on passage of time and  
other non-,merits defenses ,with respect
 to any claim that is otherwise timely  
under this ,act-- 7#a7 all defenses or  
substantive doctrines based on the      
passage of time1 including laches1      
adverse possession1 acquisitive         
prescription1 and usucapion1 may not be 
applied with respect to the claim2 and  
7#b7 all non-merits discretionary bases 
for dismissal1 including the act of     
state doctrine1 international comity1   
forum non conveniens1 prudential        
exhaustion1 and similar doctrines       
unrelated to the merits1 may not be     
applied with respect to the claim4  7g7 
,nationwide service of process ,for a   
civil action brought under subsection   
7a7 in any ,state or ,federal court1    
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 found1 resides1 has an agent1 or     
transacts business4  2 and  7#d7 by     

adding at the end the following3  #f4   
,severability ,if any provision of this 
,act1 or the application of a provision 
of this ,act to any person or           
circumstance1 is held invalid1 the      
remainder of this ,act1 and the         
application of such provision to other  
persons and circumstances1 shall not be 
affected thereby4  4  7b7 ,applicability
 ,the amendments made by subsection 7a7 
shall apply with respect to any civil   
claim or cause of action that is-- 7#a7 
pending in any court on the date of     
enactment of this ,act1 including any   
civil claim or cause of action that is  
pending on appeal or for which the time 
to file an appeal has not expired2 or   
7#b7 filed on or after the date of      
enactment of this ,act4  ,passed the    
,senate ,december #aj1 #bjbe4,secretary